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97-22249 RESO RESOLUTION NO. 97-22249 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA (THE "CITY") RATIFYING AND APPROVING THE ISSUANCE AND EXECUTION BY THE CITY MANAGER OF AN ORDER TOLLING DEADLINE, A COpy OF WHICH IS A TT ACHED HERETO AND INCORPORATED HEREIN, WHICH GIVES THE CITY AN EXTENSION OF TIME WITHIN WHICH TO REVIEW CHANGES IN CABLE TELEVISION SERVICE RATES WHICH HAVE BEEN PROPOSED BY RIFKIN NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP. WHEREAS, on December 17, 1996, the City of Miami Beach, Florida (the "City") receivl d correspondence from Rifkin Narragansett South Florida CATV Limited Partnership of prop )Sl d changes in cable television service rates; and WHEREAS, pursuant to Federal Communications Commission rules and regulations, tl e City has thirty (30) days to review the proposed changes or request an extension of time; and WHEREAS, due to, among other things, the year end holiday period and the need ft Ir additional analysis, the City needs an extension of time to complete its review and determi} e whether the proposed changes are permissible; and WHEREAS, on December 27, 1996, the City Manager entered an Order Tolling Deadlin~, a copy of which is attached hereto and incorporated herein, tolling for an additional 90 days the dae on which the changes may take effect. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that: Section 1. The issuance and execution by the City Manager of an Order To lir g Deadline, a copy of which is attached hereto and incorporated herein, and all actions that have bew taken by the City in connection therewith, are hereby ratified and approved. Section 2. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 8th day of '~'- ATTEST: 12o~6-- -P~ CITY CLERK APPROVED M TO FORM & LANGUAGE & FOR execunON ^ I T\kw( f: \atto\taca\resos\catvordr, ext) Attachment ~ ?4{.J.Z IN THE MATIEROF: ) ) RIFKIN NARRAGANSB'l'T SOUTH FLORIDA ) CATV LIMITED PARTNERSHIP ) D/B/A GOLD COAST CABLEVISION, ) MIAMI BEACH. FLORIDA ) PROPOSED RATE INCREASE ) ORDER TOLLING llEADLlNE Pursuant to Section 76.933 ofw Rules and RegulatiOI15 of the Federal CAmmunicalions ConunisBion. tlul City of Miami Beach, Florida issues the following Order: 1. Whereas, the CitY has received an FCC Fonn 1210 from Rifkin Narragansett South Florida CATV Limited Pa.rt:w:rship proposing cenain changes in cable television service rates, dated D~cmber 12, 1996. 2. Whereas the City has determined that the 30 day period accorded by Section 76.933 to review these rate changes prior to their taking effect is inadequate due to the year end holiday period and need for additional analysis of the proposed rate changes. 3. Whereas the CitY is unable to dctcmlinc that the proposed rate increases are pennissibL: under the rules and regulations of the Federal Communications Commission without the con.sic1cration oj additional infonnation and comments from interested partic.s. .Al:cordingly, it is hereby ordered that the effectiveness of the proposed talC changes is hereby tolled for an additional 90 days from the date on which the inueases would take c1fcct under Section 76.933 to and including April 11, 1997. DONE and ORDERED this 2711. day of December, 1996 at the CitY of Miami Beach. Florida. /1 ~ITY OF MIAMI BEACH ITY ~lALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ttp:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. ~ - q J _ TO: Mayor Seymour Gelber and Members of the City Commission DATE: January 8, 19n FROM: Jose Garcia-Pedrosa City Manager SUBJECT: Resolution ratify in d approving the issuance and execution of an Order Tolling Dea line concerning cable television rates ADMINISTRATIVE RECOMMENDATION Approve the Resolution BACKGROUND On December 17, 1996, the City of Miami Beach was advised by Gold Coast Cablevision Jf proposed rate increases and programming changes to become effective on January 15 and December 31, respectively. In an effort to give the Administration an opportunity to evaluate these changes, the City Manager issued a Tolling Order to the Cable franchisee. The City of Miami Beach has the right to regulate the cable system's rates and charges in a manner consistent with all applicable FCC rules and regulations. Before adopting any increases in charges, the City mt.st review and analyze all pertinent data. To facilitate this process, the Administration may recommend the hiring of an accounting firm in the near future. ANALYSIS The letter from Gold Coast Cablevision which outlines the proposed new rate charges delineat,~d by service tier is attached. Adoption of the Resolution will give the Administration the opportuni ty to assess the permissibility of the proposed increases and do a thorough evaluation of complian~e with all relevant Federal regulations. CONCLUSION The attached Resolution ratifying the issuance and execution of the Tolling Order by the City Manager is in the best interest of the City and should be approved. J GP\RS tlll. f:\cmgr\Sall\R DATE ~IC- 1- B-~r-~ AGENDA ITEM