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1993-41r � RESOLUTION #93 -41 A RESOLUTION TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE VILLAGE OF BUFFALO GROVE WHEREAS, on October 5, 1992, Congress enacted the Cable Television Consumer Protection and Competition Act of 1992 which, among other things, provided that the basic service tier rates, and the charges for related equipment, installation and services, of a cable television system (hereinafter "Basic Service Rates and Charges ") shall be subject to regulation by a franchising authority in accordance with regulations prescribed by the Federal Communications Commission (hereinafter, the "FCC"); and WHEREAS, on April 1, 1993, the FCC prescribed such regulations in the Resort and Order In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992; Rate Reaulation, MM Docket 92 -266, FCC 93 -177 (released May 3, 1993)(hereinafter, the "FCC Rate Regulations "); and WHEREAS, the Village of Buffalo Grove (hereinafter, "the Village ") is a franchising authority with the legal authority to adopt, and the personnel to administer, regulations with respect to the Basic Service Rates and Charges of any cable television system operating in the Village; and WHEREAS, the Village desires to regulate the Basic Service Rates and Charges of cable television systems operating in the Village and shall do so in accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent provisions in any of the Franchising Agreements. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees, Cook and Lake Counties, Illinois, as follows: SECTION 1: That the Village will follow the FCC Rate Regulations in its regulation of the Basic Service Rates and Charges of cable television systems operating in the Village, notwithstanding any different or inconsistent provisions in the Franchise Agreements. SECTION 2: That in connection with such regulation, the Village will ensure a reasonable opportunity for consideration of the views of interested parties. SECTION 3: That the Village Manager, or his designee, is authorized to execute on behalf of the Village and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations in order to enable the Village to regulate Basic Service Rates and Charges. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval, according to law. C AYES: 4 - Reid, Braiman, Hendricks, President Mathias NAYES: 0 - None ABSENT: 3 - Marienthal, Kahn, Rubin APPROVED: September 13 , 1993. PASSED: September 13 100-12 ATTEST: a,q,a, . a Villag Jerk