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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