HomeMy WebLinkAbout4157 Resolution - Terminating Midi-Columbia Regional Cable Commission and ILARESOLUTION NO. 4157
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE TERMINATION OF THE MID -COLUMBIA REGIONAL
CABLE COMMISSION AND THE INTERLOCAL AGREEMENT
ESTABLISHING THE COMMISSION BETWEEN THE CITIES OF
KENNEWICK, RICHLAND, AND PASCO.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this state through the execution of an interlocal cooperative or interagency
agreement; and,
WHEREAS, the Mid -Columbia Regional Cable Commission was established in 1994 by
interlocal agreement between the cities of Pasco, Kennewick and Richland to regulate basic tier
cable rates in jurisdictions where effective competition was not present; and
WHEREAS, at the time the Commission was established, the Federal Communication
Commission's (FCC) rules provided for a presumption that markets were not competitive, and
cable operators had to challenge the local franchising authority's determination that it was
appropriate to regulate basic tier cable rates by providing proof to the FCC that effective
competition did in fact exist; and
WHEREAS, despite being in existence for nearly 30 years, there is no evidence in the
record that the Mid -Columbia Regional Cable Commission ever took any action under its
authority; and
WHEREAS, in 2015, the FCC determined that, given the pervasiveness of other types of
providers such as Dish and DirectTV, effective competition should now be assumed, subject to
evidence to the contrary (i.e., a rebuttable presumption). Through a Report and Order (attached),
the FCC held that, based on the rebuttable presumption of effective competition, each franchising
authority will be prohibited from regulating basic cable rates unless it successfully demonstrates
that the cable system is not subject to Competing Provider Effective Competition; and
WHEREAS, the FCC Order undercuts any authority the Mid -Columbia Regional Cable
Commission has or had, making termination of the Commission appropriate; and
WHEREAS, Section V. of the Original Agreement provides that termination of the
Original Agreement establishing the Mid -Columbia Regional Cable Commission may occur by
agreement of all three cities or by any two of the three cities; and
WHEREAS, the City of Richland is requesting the termination of the Mid -Columbia
Regional Cable Commission, as well as the interlocal agreement establishing the Commission,
attached hereto as Exhibit A.
Resolution — Termination of Cable Commission ILA — 1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is the best interest of the City of Pasco to terminate the Mid -
Columbia Regional Cable Commission and Interlocal Agreement establishing the Commission.
Section 2. That the City Clerk is instructed to provide a copy of this Resolution to the Cities
of Kennewick and Richland confirming the City Council's decision to terminate the Commission
and Interlocal Agreement.
Be It Further Resolved that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this
7th day of March, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVER AS TO
i& ffeyl-
Debra Barham, CMC Kerr ettom n Law, PLLC
City Clerk Ci ey
Resolution — Termination of Cable Commission ILA — 2
INTERLOCAL AGREEMENT CREATING THE
MID -COLUMBIA REGIONAL CABLE COMMISSION
This contract is made between the cities of Pasco, Kennewick, and Richland, municipal
corporations of the State of Washington, for the purpose of creating a Commission to regulate
cable television in accord with federal law.
I DURATION
The duration of this agreement is perpetual.
II ORGANIZATION
There is hereby created a Mid -Columbia Cable Commission composed of three members, one
selected by each City hereto. The Commission shall have no authority to expend any funds
other than such as may be essential for the performance of its duties. The Commission is
authorized to obtain clerical, legal, and other support assistance as may be required for the
performance of its duties. This support shall be supplied by the Cities collectively as the City
Managers may determine and direct.
III PURPOSE
The purpose of the Commission is to establish basic tier cable rates and to perform any other
reasonably necessary or appropriate function delegated to the three Cities by the Cable
Television Consumer Protection Act, Public Law No. 102-382. The Commission may adopt and
enforce in the name of any City which participates in this agreement or any one of them
individually, such matters as may come within its jurisdiction. This includes passing resolutions
or undertaking any other formal act, giving notices, bringing or defending any action in a court
of law or equity, or doing any other act necessary, proper or relevant to its duties. In addition
to such other powers, the Commission may make recommendations from time to time to the
Cities for the enactment of such regulations, ordinances, or the taking of such other action as
it may deem appropriate and in the best interests of its citizens.
IV NO LIMITATIONS
Nothing in this interlocal cooperation agreement should be construed as a limitation on the power
of the respective Cities to take any act or action they may deem necessary or advisable, either
singly or collectively, nor to limit their authority as provided in the foregoing federal statute.
V TERMINATION
This agreement may be terminated by agreement of the Cities or any two of them.
DATED thisr;' u day of C , 1994.
J
Interlocal Agreement - Page 1
Attest:
M. A. Price, City Clerk
Approved as to Form:
Will' L. Cameron, Kennewick City Attorney
Attest:
7
3ZD
Catherine D. Seaman, Deputy City Clerk
as to Form:
g A\ Rubsthllo, Pasco City Attorney
Attest:
WV W
Approved as to Form:
A
Thomas O. Lampson, Richland City Attorney
Interlocal Agreement - Page 2
CITY OF KENNEWICK
1--B--Showalter, Mayor Pro Tem
James R. Beaver
CITY OF PASCO
Joyce DeFelice, Mayor
CITY OF RICHLAND
Jq6 Hansen, Mayor