05-10-1977 Supporting DocumentsMINUTES N41404
REGULAR MEETING
A regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, May 10, 1977. In the absence of Mayor Claude E. Smoak, Jr. who
was in attendance at the Florida League of Cities Directors Meeting in Tallahassee,
the meeting was called to order at 7:30 P. M. by Mayor Pro-Tem Carlisle A. Byrd, Jr.
with the following members present: Councilmen Schroedel, Honey, and Blackburn.
Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk
Carroll, Finance Director Sanchez, Director of Community Services Smythe, Building
Official Nagel, and Chief of Police Tyndal. Others present were: Ms. Hurd; Mesdames
Ray, Mole; Mr. & Mrs. Jim Hotaling; Messrs. Doub, Ray, Czech, Sperry, Evans, Ogden,
and Sargent.
The invocation was offered by Mr. Smythe, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held April 26, 1977 and of the Special Meeting held
May 2, 1977, were approved as written.
TELEPROMPTER REQUEST
Mr. J. A. Doub, Teleprompter District Manager, appeared before
Council in support of their request that the existing franchise
agreement be amended to eliminate the section regarding regulations
of rates, now that federal law no longer requires such regulations
by the franchising authorities. It was the suggestion of City Manager
Tiffany, and Council was in agreement, that the expertise necessary -
to evaluate the complex financial data submitted to substantiate rate
increases was not available with local authorities, but in order to
provide protection by the franchising authority to the consumer,
that possible negotiations were in order in exchange for such deregula-
tions. Mayor Pro-Tem Byrd thereupon requested that City Manager
Tiffany and City Attorney Baird instigate negogiations with Teleprompter
officials regarding a proposed new franchise agreement for Council
consideration.
VARIANCE REQUEST: MRS. EVELYN MOLE
Sitting as a Board of Adjustment in Public Hearing, Council considered
the request of Mrs. Evelyn Mole for a Variance to the Zoning Ordinance
in order that she might construct a residence on her property described
as Lot 3 and S=; of Lot 2 in Block C of Lake Minnehaha, Chain-o-Lakes
Development that would penetrate two feet into the required rear yard
set -back, the rear yard being on the lake front. Mrs. Mole submitted
her appeal for relief of hardship based on, "There are several trees
which will have to be removed, and I wish to save the rest by penetrating
two feet." Following inquiry from the Chair, there was no one present
who voiced objection to the request, whereupon motion was made by
Councilman Blackburn, seconded by Councilman Honey and unanimously
carried that the request be granted.
VARIANCE REQUEST: MR. JIM HOTALING
Sitting as a Board of Adjustment in Public Hearing, Council considered
the request of Mr. Jim Hotaling for a Variance to the Fence Regulations
of the Building Code to allow for a fence on his property described as
Lots 66, 67 & 68 in Hillcrest Subdivision that is two feet in excess
of the allowable height. Mr. Hotaling appeared before Council in support
of his appeal for relief of hardship based on "I feel this fence is
necessary to conceal a very unsightly and unhealth condition which
continually exists in the adjacent area which I desire to screen from my
view as well as to set apart my neatly keptpremises from this unsightly
area.
The elevation of my property, being higher than the adjacent area, is such
MINUTES NQ 1405
that any lesser height of the fence would not effectively provide the
necessary protection.
The close proximity of this condition to the only access to parking and
entry to my rental apartment would greatly lessen the desirability
of theapartment thereby reducing the potential income productivity of
my property which I have maintained in good condition for over 20 years
Previous efforts by the City authorities have proven unsuccessful in
eliminating this nuisance except for partial and very temporary efforts
at compliance with "clean-up" requests."
Following inquiry from the Chair, there was no one present who voiced
objection to the request, whereupon motion was made b_y Councilman Schroedel,
seconded by Councilman Honey and unanimously carried that the request be
granted.
STREET IMPROVEMENT PROGRAM
City Manager Tiffany advised that the Macasphalt Contractors would be
back in the city within the next few weeks to complete the paving
segment of the improvement program, and inasmuch as he had been advised
by Bob Andrew, Lake County Public Works Director, that Hook Street,
west of Highway 27, had not been a part of the County -maintained road
system since at least 1966, it would be the responsibility of the City
for its improvment unless it be the desire of Council for other measures.
Due to its continual use as a main thoroughfare to and from the City,
it was the contention of Council that it should be County -maintained,
whereupon motion was made by Mayor Pro-Tem Byrd, seconded by Councilman
Blackburn and unanimously carried that City Attorney Baird prepare
the necessary Resolution for presentation to the County Commission re-
questing that the County accept responsibility for the maintenance of
that portion of Hook Street.
BALLFIELD FACILITIES
City Manager Tiffany reported that work had begun on the additional
softball facilities at the Elementary School on Monday, and that they
anticipated they would be ready for daytime play as early as next
week.
COOPER MEMORIAL LIBRARY
Councilman Schroedel, liaison representative to the Library Board,
reported the Library had proposed a summer reading program again this
year; That there was a possibility of the solicitation for financial
assistance from the City to aid the Library during the ususal "summer
slump";, and, the Library Board has been highly commendable for the
city's efforts in providing off-street parking for library patrons.
JAYCEE BEACH PAVILION
Councilman Blackburn advised of a request received for the reservation
of the Jaycee Beach Pavilion on Sunday, May 15th between 1:00 and 4:00 P.M.
by the Junior Girls Softball League for their end -of -season picnic.
Motion was made by Councilman Honey, seconded by Mayor Pro-Tem Byrd and
unanimously carried that the request be granted. --
COMMUNICATIONS
City Clerk Carroll read a communication from the local "Head Start Program
Parents", requesting permission for use of the Jenkins Auditorium to
sponsor a dance on Friday, May 20th between the hours of 7:30 P. M. and
12:00 Midnight. Motion was made by Councilman Schroedel, seconded by
MINUTES N4 1406
Councilman Blackburn and unanimously carried that the request be rran—
r um are ted
provided a ru es an regu a ons as pert -a ns •o ances �1-din the
au s ome •.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Councilman
Schroedel and unanimously carried that the bills be paid. A copy is
attached hereto.
MAX JUDY REQUEST: OFFER FOR SALE OF CITY PROPERTY
Following request of Council that City Manager Tiffany recommend a
price for the property as requested by Mr. Judy to be offered for
sale, he submitted a minimum price of 50Q per square foot for the
witholocale5400 Realttors/Appraisersuare feet fVanderMeer andlRockerhis withoregardsion
recent sale prices of Highway 50 property and consideration of the
property's severe limitations because of required setbacks. Motion
was made by Councilman Blackburn ma
seconded by Counciln Honey ancT-
unanimously carried that the City Managers recommendation be
accepted.
CORPORATE RESOLUTION FOR DEPOSITORY OF PUBLIC FUNDS
Inasmuch as time is of the essence in the depositing many times of
large sums of city funds at interest, motion was made by Mayor Pro-
Tem Br seconded by Councilman Schroedel and unanimously carried
that a Corporate Resolution be adopted authorizing t e Finance Director
or the Citv Clerk to open deposit accounts of the City with any Bank,
Trust Com an , or Savin s and Loan Associations wM ch ua tf as
depositories of public funds un er applicable Florida Statutes, are
members of the Federal Deposit Insurance Corporation or the Fede_r_al
Savings and Loan Insurance Corporation.
EARMARKED UTILITY FUNDS
It was the recommendation of City Manager Tiffany that the recent
partial reimbursement for the sanitary sewer plant construction costs
from the U. S. Environmental Protection Agency in the amount of $27,400
was for a capital expenditure that is a part of the city's oonded debt,
that these funds be earmarked for foreseeable major utilities capital
improvement needs. f4otion was made by Councilman Blackburn, seconded
by Councilman Schroedel and unanimously carried that the City Manager's
recommendation be accepted and the funds be earmarked forUtilities
Ra ital Improvements".
ORDINANCE: NO. 162-C
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REGULATING SOLICITATIONS:
REQUIRING REGISTRATION OF THOSE ENGAGED IN SOLICITATIONS FOR ANY PURPOSE:
PROHIBITING SOLICITATIONS BY FALSE OR FRAUDULENT STATEMENTS: REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING
FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the Ordinance
was read for a first reading by City Clerk Carroll, by title only.
There being no further business to be brought before the Council at this time, the meeting
was adjourned by Mayor Pro-Tem Byrd at 8:33 P. M.
(�/f arlisle A. Byra,, Jr. May r Pro Tem.
Do ores W. Carroll, City w erk
ACCOUNTS PAYA13LE MAY 1977
GENERAL FUND
Bahia Mar Hotel
(City Managers Ausn.)
85.95
Batteries By Fisher
(Regulator)
5.50
Central Industrial Sales
(Shovels)
44.40
Champion Uniforms
(Uniforms)
81.04
Clermont Auto Parts
(Auto Maint. & Repair Parts)
81.78
Clermont Builders Supply
(hint. Supplies)
158.72
Crest Restaurant
(Prisoners Meals)
10.50
Eckerd Drugs
(Pictures)
9.70
Eloctro-Mach Corp.
(Basball Scoraboard Parts)
67.90
Flower Fair
(Flowers)
15.00
Gem Chemical Co.
(Janitorial Supplies)
42.16
Hilltop Stationery
(Office Supplies)
92.83
Hovis & Baird
(Legal Services)
259.50
Hunts Carden Center
(Dog & Swan Food)
28.90
Jim Willis hardware
(Clamps, Grain Fork & Repair Windows)
26.27
J. h. Matthews
(Memorials -Reimbursable)
208.00 ,
Kennedy Co.
(Service Contact)
96.00
Kidders Restaurant
(Prisoner Meals)
8.40
Lake Apopka Natural Gas
(Utilities)
32.60 '
Macasphalt Corp.
(Asphalt Mix)
91.50
Morgan's Auto Parts
(Auto Repair Parts)
130.99
Nolan Engine & Mower
(Recoil Spring)
3.35
Rally Chry. Ply.
(Seal & Brake shoes -Pads)
46.50
- --South Lake Press
(Publications) -
- 4:97
Safety Equip Co.
(Gloves)
18.98
Standard Auto Parts
(Auto Maint & Repair Parts)
i
104.86 i
3M Company
(Vehicle Marking Letters)
95.04
The Lawman
(Breathalyzer Kits)
ppp
48.25
Van's Sod Co.
(Sod)
100.00
W. M. Teal
(Petroleum Products)
212.71
White Auto Store
(Garden Hose)
13.96
Western Auto Store
(Batteries)
16.90.
2243.16
�
UTILITIES DEPARTMENT
Clermont Auto Parts
(Hose & Clamps)
4.32
Clermont Builders Supply
(Maint. Supplies)
68.82
Clermont Builders Supply
(Marshland Study)
904.53
Hach Chem. Co.
(PAO Solution)
33.33
Hilltop Stationery
(Office Supplies)
5.53
Hughes Supply
(Value, Pipe, Gaskets, Ect.)
781.53
Hunts Garden Center
(Sprinkler)
3.49
Jim Willis Hardware
(Marshland Study)
585.88
John York, Jeweler
(Stop Watch -Marshland Study)
42.50 !
Orlando Lab., Inc.
(Chemical Deter.)
73.00
Olivembaum Insurance
(Fidelity Bond-$500 Current; $250 Prepayment)
750.00
Standard Auto Parts
(Auto Maint Parts)
29,39
2582.32
TO: City Council
FROM: City Manager
SUBJECT: Teleprompter Request
DATE: May 4, 1977
Attached is a letter from J. A. Doub, Teleprompter District
Manager, and supporting material from the Federal Register requesting
that the City Council "ont-out of the rate regulating business". I have
marked several passages of the supporting material for emphasis.
Mr. Doub will attend the May 10 meeting to discuss his request.
Attachment
cc: City Clerk (Agenda 5-10-77)
%LEpnamFgEn 1723 .DarlowH eN nl- Pd.
.O. ,
� /�j�('j � L�'�/� 172a S. 0erlow Hwy, P.O.Ooe 9na0
l_IL.�1L'Jl "r " LI LJ 1013) 0 13451 n 53001
1at31 BOa-8A61
April 29, 1977
191e Honorable Mayor and
Members of the City Council
City of Clermont
One Westgate Plaza Drive
Clermont, FL 32711
Gentlemen:
Teleprompter is requesting your assistance in eliminating
Section B. Rates to Customera, from Ordinance No. 25-M.
We will appear before the Council on May 10, IM , to make
formal request concerning this matter.
Prior to October of 1976, franchising authorities were
required by federal law to regulate rates charged by cable
TV companies. In almost every case, this law proved to be
extremely onerous to both parties.
Because of the problems created by this dictate, some of you
may recall our rate increase hearings during 1975, the FCC
has now allowed franchising authorities to opt out of the rate
regulating business altogether. For your convenience, I have
attached a document containing the FCC rationale behind this
decision.
We in cable have felt all along that, in most every case, the
market place should regulate our rates. In Clermont, for
example, only 46 percent of the residents have elected to
subscribe to our service. This may or may not be related to
our rates, but unlike a utility, they do have a choice of
receiving available TV signals at no charge off an antenna.
Sincerely,
A. Doub
District Manager
Attachment
hone, ifowevcr, It him cmne in the atum-
llon of the Chico of illocution that cev-
stnl Partim In4rmted lit commenting oil
Bleats reiculnUuns did nut have Auillrlcnt
time to do no surd, therefore, notice Is
hereby glven [lint We comment perllnl
for the Upward Should Int,din Regula-
tlons In being extended until BtydcmLrr
17, 1076.
(C.La1119 of Pederm Dunteetic A:+u,tnnct no.
13492, Upward Morel)
INited: August 11. 1976,
Raaent R. Wurs:Len,
Act Ing U,S, Cunndcsiuner
01 Edura Ilon,
Approved: August 13. 1976.
MAIIJOnrc LYfica,
Acting Secretary of Ifcnith, Edu-
cation, and tVel/ere.
IPIt ntw.7u-st3oo f•7ierl e-17-vo:u:r era)
Title 47-Tcfecommunications
CHAZLER I EE0EfULL.
COIAMUNICATIONS CYMMISSISRI
I Docket No. 20601: FCC 76 7471
PART 7G--CABLE TELEVISION SERVICE
Cable Television System Regular
Subscriber Rates
Report and order-Procredina termi-
nated. In the matter of: amendment of
Subpart C of Part 70 of Ule Commis-
Mon's rules and regulations regarding
the regulation of Cable Television Sys-
tem regular subscriber rates. Docket tic.
20601.
Inrnuoucruon
1. On December 22, 1975, the Co niuls-
slon adopted a notice of proposed rule -
making In the above -captioned procced-
Ing, FCC 75-1.122. 41 I'R 1606, 57 FCC
2d 368 (1975), wherein comment was
elicited on the proposed modification or
deletion of 176.31 (a) (4) of file Comrails-
Mou's cable television rules. 176.311a)
(4) of the rules provides as follows:
Section 76.31 Frenchman sfandurds. (A) In
order to obtain A certme.te of ceunpil.--,
a, prol fie e pel xutloa cable telnls[on sy.-
W. ebell have es fraeebl- or other appro-
lirlatir atrthorlsattuse that contains reelta.
tlons sod pmvinlons mnnlstent with the fol-
lttwfps aegnlremdate:
(4) The franthlelag ainlie4ty, btu spec.
NM or epprav d the loluM rates that the
franchisee chaargen outs crlhers far Installn-
tlon of equipment nod regular nil b,crlber
en•I<e,. No hu"T"ea In rotes chnrgetl to
subscribers shall be made except an nuthnr-
Ixed by the franchising nuulonty after all
appropriate public proceeding Affording due
pr--; .
2. In adopting the odes In IU72 [lie
Commission recognized that some aspects
of cable television service were properly
matters of Primary federal concern while
others were beat regulated by local au.
thoritles. T'hc Commie ion reasoned that,
because the Individual cable system 1s a
local operatlon making use of streets and
ways, local aliUtoritles were ineu;apably
Involved In Lhe regulatory process and
RULES AND REGULATIONS
rould, mormrrr, bring it rgNrinl rxvvrel,e
In regulation of rertalo uuttwrn, .)as of
lhm.e mntb:rn was determined W [so till,
rrgulntlon of basic r,ubicrlbcr nitcn,
Which the Comnl Lrtdon felt could bent be
reviewed by Use Imul frnnehlslnw ml-
thorlty."rho Couunlslon hlrUur found
It opprnprhslr to a.:uirc that title public
he Riven notice and tut oplv)rttutlty lu
he, heard where rate Inrre sen ore pro-
Ixr.;t�h "Cable Televhdnn Report and
Order", 1'CC 74-1011, 30 1•'CC 2d 14:1. MU
119721; "Nnticeof Inquiry Into the \tall-
m•r In Which Cable Trlevinln I Rrl:Nor
flubscrlber harm arc 1•::dubll:.hed,"
Mockct No, 20167, FCC 711-314, 511 FCC
20 -- ( 1976 1
:1. In the four yearn following the sae
nuance of the Report and Order, suprn,
several unintended but significant prob-
loans beclune apparent In'requlring local
authorities to regulate baedo nubscribert
rates and emulating that they hold full
Public
proceedings prior to nppmvinu
rate IncreaaeaP We.. alluded to several of
thh+c In the Notice in tile Instant pro.
cecdmg, supra tit 369. It was noted that
the mnndatary ape sct of Uvt rule pooLd
prom bles for those la;al auUtorities not
having the Jurisdiction W grant cable
telcvNinn franchises or regulate! rates.
Similarly, the rule also enured difficulties.
far those franchising authorities that
foundreubscrlbnr rote regulation to be
either onerous or unnecessary. 'nic prC-
mqul.7lte of title pincesn In n public pro.
ceeding was perceived to be unnecessary
because some .states already have prior..
dlsra[ safeguard, for pgbllc deci.iunmalr-
log, and Its advLnblI1LY an queslloncil
bfCa115n It clr,cli,,Iy 1,,,l l led rxperi-
I-ritntton In other mrdiulls a1 rule Teti -
lallunsuch ns isibitration, automatic into
recut:r tear c slincs• and so forth. To cor-
rect these Problems and to nilow greater
rlexiblllty at UP! nonlydernl level• we pro-
posetl rMier Ian W modify 4 76.31 RJ 11)
to sueclfy ILs applicability only W those
entities having Use Jurtsdiction and de-
slrn to regulate re):ulor subscriber
rates and simply W require Public no-
tice and all uplxnlunity W be Beard in
'7'hr nubnrrl brr rate, wiles,.• mieul,atlon L.
I„un In tills at prtxeeding I. charged
h,r newt.., regul.rlr pmvmedr s a.11 clone
subscrlb,•N: that L, charges for 1-tallatluu,
diroonn er is.I and rec fin tlon Aa well as
dough for bro,ol a t elgnnl c arrlalle And NI
requ Ued ac chass-W. Includlog n119111 -
tloa prugmntmlog it doe, not Include u h-
r,eriber ate, for t,pecialt.led
erogrinunlog for
whlrh a per-prnyrnrn or pe ,hannrl chelgn
L Made The C.osau rrs Isar preempted
J,old:1.0on of ,.0 b+ctitur re, lev for n,ch
clalurd rn>krmnromg ..I ha, aetenninw
thaI r , for tine r:r,l nhnuld not be,
r• I'enuint ,l by n y gnuernmentni entlty Cl:vl-
nann of lent„ ,n..I noun of pmponnd ode.
,inking. YCC 74 -334, 40 FCC 2d 175, MO-? on,
se,: (1074): t4al-, copra at pAra. lo. No,i-
frdrrAi Ir1!ulxtlon of two-w AY, point.to-
rli polnt, Intntatn nonod„r rah In trluls,nL,-
alo", I, not pm.md. NAumrsl Aanoc Uttlon
of R,a:lrin Wry Utlllti Commlwluaern v. Fwl-
ired Colnmun,cntl�..,,, Cornet lvd.n. 62s F.2,1
i:lo (DC. 197n).:; man P•ry,rt And
Order to 13-ket Na. 2U500, FCC 16-313. 09
MGM- (1076).
tote In ivatow dellboratlorv.-ar III) to
dnleta the limlion In It» entirety.
f)I)MMAny f!r CUMMxgrn Atli) 111101O6AIll
4. A nuUnrlty of those, commenting
favor drlrhou of 110,31(al(4). '171 rnC
partltm, v.hleh are cahle operators find
ruble Ildustry 1=11CIatlons, Concur with
t.ho Commisslon't, asnu-slnent of the
problems nrei ng frorn the rule and Ten-
onunrnd Wi delcUon as the preferable
nicnns of solving them. A number of the
proponents argue strongly that daletlon
of Use Tide, however, Immediately ad-
visable, L, but the RrA step lit addreming
the critlrnl problems Involved In still
-
nerlber rate regulation. Several com-
menters prefer making s it>,•Icribar rate
regulation optlon3l, but do not Indicate
which rule amendment they prefer. Still
others oppose ally amendment to 170.31
a)(4).
CnMMSNrs Oevomtm Itute AMrtiamrtlr
5. A nilnorlty of those commenting op-
pose amending 1 741.31(a) (4). The Amer-
ican Brosdcasting Company malntadns
that the rule Is part of the comprrlhen.
rive regulatory program for cable televl.
Mors adopted In the Report and Order
and explicated In the Clot ificatlon, both .
supra, and ABC opposes piecemeal aban.
donment of the 1972 Rules absent com-
pelling evidence of the need for rule,
amendment. ABC argues that the need
for amending 1 70.31(a) (4) has not been
shown. To subsrantinte this argument
ABC cites the Commisslonls response to
a request aide pursuant to the Preedom . .
of Information Act' by the fit" of hfe.
Krona, Wilkinson and KJttner, wherein
disclosure of documents LLIIA:lanthitilllf
the need for rulemaking as stntrd In the
Notice, 511pra, was requested, ABC-Pildo-
tahin that the Commission's response
citing, Inter allu, conversations by Com-
mLsslon staff members with local offl-
clnL, general research on the lawn ap-
plicable to cable television franchising
and regulation, and accumulated experi-
ence gained from the cerllRcatinir proc-
ess, Is Insufficient because no documents
ur other factual or empirical daLt could
be produced Indlcatipg the extent' to
which nonfederal authorities Indicated
they support the views of the Commbs-
Mon. ABC therefore recommends that
the Commission retain f 76.31(a) (4) and
Proceed on M ad hoc bresia to grant waiv-
ers In those Instances where franclAsing
authorities cannot regulate rates. Alter-
natively, ABC suggests that rate reRula.
tlon on the state level be encouraged.
ah•cnty other television.station licensees,
filing Jointly, generally concur with
ABC's observations. The National Clti-
zcres Committee for Ilroadcastlng
INCCB) Itgfees with the, licensees that
the Commission's response demmtstraten
all Inadequnte basis for rulemakinw, end
states that the public Interest requires
retention of the due procesa safeguards
of the Title. Thies, NCCB urges either
25 U.S.0 532, amITX341-of,thti`C4MYmfx-',
61nn•a-rule;.--Me request-w1,..aleaou3m,
unry 21, 1076: .. - -...._ ..
FEMRAL RIGISM4 VIl I. 41, NO. 161-WEONESa AY, AUGUST 10, 1976
R1.
that the proceeding be tefolloRted or
that 4 7f,.91(n) l-l) be modlned to require
Ihnm local unthorltlu•I having the ❑ece,l-
rnry Jimmiletion to repill to roles Rod
to rrqulre public notlec and n public
pruccediny, mr.ming doe III . •
p. Other commenters oblrr.t to drlet-
In;: the Rules provision rrquhhol publlo
proecedings or to m•tkln;; subcriber late
ref:olatlon optional. CItizt,ret for C,Ihie
Muteness tit P,n osyMinhl (Cr-AI') Ball
tar Lellsintt- Committee of the Ithlla-
delphla f einuntinily Cable Cnalltloll vIr-
oroulsly oppu'..r tiny nut^udnlent to Nile
Rule which would el-min:ite th,• pubic
proceeding rerplireola•nt. Instead, CCAP
urge, that the Commission eshbllah tile
elculenta or un appropriate public pro-
reeditur. CCAP has subnullied Miles of
newspaper niticies to show that ale In -
creme proecedings serve its it useful ve-
hicle for disclosing and correcting srrv-
Ire deficiencies. CLAP Inailltalm that lu
many ctucs rate Increose proceedings
allord Elie Drily oppeirtunity for review
and Improvement of the franchisee's
frEIVICO during the term of the franchise.
To old local officials In discharging their
late regulation responsibilities. CCAP
urges the Commission to adopt uniform
accounting procedures noel require this
Information to be provided to the mg-
ulatory authority. CCAP also recom-
mends that the Commission adopt rides
governing situations where the system
operator and the franchtshw authority
cannot agree on it rate Increase. Ms.
Brigitte L. Kenney shares the concert,
of CCAP over delrtlen of the public pro-
ceeding requirement of the rul.' Ms.
Kenney views the public hearings on pro-
posed rate Increases as both productive
and Informative. Harry Pirst, Esq., oil-
pescs amending the Rule to make reifilla-
flan of basic subscriber rates optional.'
mr. First c1tas his studies of subscribes
rate. regulation In howling Greet and
Toledo, Ohio, us Indicating that lack of
local Interest and expertise Ili rate rev-
Illallon, coupled with good local over -
the -air television service, have resulted
in rill rate regulation In ether commu-
nity. Mr. First states that It local nuthor-
Itles are given a choice on regulating
rates they will choose not to regulate,
and therefore urges the Commission to
examine the benefits of local rate reg-
ulation before conferring that option on
local authorities.
roMMEN•ra SuTrORTrra RULE
AMENDMENT
7. Several of the proponents of rule
amendment, such as the cities of Eugene,
organ mid San Diego, California, and
the Arlaontl Cable Television Arsociatlon,
favor modification of 470.9I(n)aU to
make subscriber rate regulation optional.
hot do not specLfy which of the aitenla-
r m,.. Feonncr'13 N M.1t. F r reeenr of 1,1-
br 7 and letformetloo 90. ut err Ael Unl-
rnity ,.rid co-editor of the w—p,q— C,d,ln
• r.+r. Ftrnt 1e A:slet.nt rmrc,Aor of tea et
the ".,I, a relty of TOW. t:ullrgo O1 1—
RULES AND REGULATIONS
llvrti proposed In the Notice h pfefrried.'
Th. City of Halt DICBU cutldugars tho
hiyrlad problems blvotved In -1c ref:u-
lotiun and obarrvrn that fit Inw1Y In-
stancm, the o, ne.ult In nrh:s Mist cct
too hhth dither that too low. 'I'll olh:et
lhL•l possibility, the CITY rule that many
franchlMlo! uuthornlrl :,,I u..'sh tuIll
rates and p,•rolit the :,Y:nl'M operator in
rharC,", I,va, if nr Rory, to uthacL sub-
nrrlbrrs. Vol tlu•ac iva,ow. the CItV con-
cludes that suhr.rrlurr ral, :It
1, 11,L In Ehr urb,ut rabic niull.rl:,, r; un-
I-MMU)and that rdrs ran be :,tt rf-
frctivrlY In Elie marl;, tplace.
11. '1'hr, nUl),IALY of thud• &cclalol;
'hange'pe'Arl-Ily rrrn i III de!etlnn
of 4 7611m) (•U in Ile coil rclY.'1'hclr rv:u-
8oN for doing so are varied. The New
Turk dials Cmgnlhrion fin Cable Tl;le-
vlslon nudnlalns Uutt subncriber rate ren-
Illation Is properly a mutter of chile ;m,.I
lucnl, rather than federal, concern. The
New'Juriey Cable Television A:sncla Loot
notes that till' State Pllblic Utilities Colll-
ntission hn:i Issued a Notice of Inquiry
on the subject of subscriber rate regula-
tion nod that the Assoelatinn Ills pro-
posed a plan for rate ::clung biped on
classifying systems by market, con.Aruc-
tion, anti service characteristics. Alas[ -
Room allowable rules would be specltied
for each class, with full public hearings
required only where the rate levels ap-
plied to cull clo.ss ore changed. Because
the Association's plan would be lucan-
sistent with either the present RUN! or
the propo:;ed notenlhnent, Uie A: eia-
Lion maintana that only by delitim; the
Rule ail IL; entiretY call file Culmtl!s',tWl
assure that federal polwywaF.inl; will not
impair experimentation !n finding, the
nirlhod of subscriber rate regulation that
best serves the public h,Lerest. The Caln-
nlunity Antenna Television Asnoclultuu
(CATA) concurs, and asserts that the
Commission lacks the necessary Jurisdic-
tion to impwe any standard for non-
federal subscriber rule regulation. The
PL•lnlsylvalma. Cable Tele Yl Slo, /l'iJaCla-
tion maintains that certain Pen-ylvnnfa
nnuuclpalitles lack lurlsdo"I"n to rebv
late subscriber rates but nevertheless do
so under color of 4 70.71(a) 11), and ad-
vocatm deletion of the Rule to rLmedY
this situation- Several sets of problems
Identified by cormnenlers, together with
proposed solutions, are set out below'.
SUBSCRIBER RATE BEGULATION UNNECESSARY
0. Mims, of the parties favor deletlon
of t 76.71(a) (4) beamiese they believe the
rnarketplace Is In most caves an adequate
determinant of suWcriber rates, thus
making rate regulation uumecessary.
Verto Corporation, Universal Television
•w, net. toot In a ntiort .tntemrat tit.
Clly Of SrAttlu lic—I of rubilc wurka Oelce
or Cnblo Coe—alcntlo,o, c entlog for
lu"IE and o egrot of King County, v1, 11-
In:;lniL fnvun, r Ientl.n or nobs Ibt,r rote
rrgulutlon nutnorlty by 11r,.1 gnvcr—Ii.,
wtstoer a ndment of 1'/e al(nl 141 Blunt;
Lit. Ill,— props 1 I,t nrolnmeud,d L, not
sprrinrd.
Cable !System, National Cable Continual.
cations Ceirpuration, the California Corp.
rimnity Talevhlon Amociatlan and Tdo-
Cable, among olhem, argue that although,
gable television may constitute a natural
monopoly In A given community with ro-
epect to other cable systems, It V neither
a, necessity like a public utility nor, In,
Elie vaat majority of cases, a true monop-
oly for whose product them Is no substl�
Lot& Cable Iclevlsiun, they msintain, Is u
median of entertainment that -in-
pctcs with over-the-a1r television, movie
the.ares, sporting events, concerts, plays,
bon::;, and numerous other diversions
for the dlscretiontuy entertainment dol-
htrs of Its potential sub::crlbers. Only In
a Small number of rued communitles,
they contend, can the cable nyctern nr-
guubiy be said to constitute a true ino-
nopoiy.
10. A number of commenters rec0in-
mend either deletlon or more Aubstan-
tial amendment of 4 76.91(a)(4) than
that proposed In the Notice because they
perceive Set. lous problems In the manner
lit which local authorities regulate sub.
scriber rates. specifically, It Ls argued
that lull rate-reaulation is Inherently,
and unavoidably B. political rather: than
0.n economic exercise performed for,thk
most part by persons looking my back.
[round or. expertise In rate mattema The
result, It Is charged, In arbitrary and
capriclolu action by local officials against
which the Commission's rules contain no
safeguard. For these remots, several of
the commenters, including Warner
Cable. Company, Cablecom-General, Tre.,
and the National Cable •television Asso-
IaUcoi u
most regulatory prubiem lacing Lie nl-
dustry today.
PROBLEMS INIfERV4T Ill SUBSCRIBER RATE
RECULATtoil
IL Lack of Expertise. Many. of --they,
enters emphasize thatlocal:au-
thorltles lack: the expertise. personnel..
end. background necessary to evaluate'
the complex financial data sul)INLIed W.
sgbstantlate the need for a rats Increma.
in a comment Illed jointly with several
other cable system operators, Cox Cable
Coriununlcations urges the Commission
to recognize the fact that many.locul o n-
clals &Imply do not understand the eco-
nomics of cable operations. The 1oLnt
commenters declare that It Is not uncom-
mon for local officials W demand that
discriminatory rate schedules be estab-
lished for certain classes of subscribers,
or W forbid charging for initial Installa-
tion, or to apply unprecedented account-
ing procedm•as to system operations. Lib-
erty COMMU111CMIOM states that local
franchising oflcials have expressed W
Liberty personnel their Inability to un-
derstand, or cope with, subscriber rate
making. CATA observe+ that In the
smaller communities served by CATA
member local authorities simply do not
have the time or expertise to decide com-
plex rate questions, and 1:mtern Telecom
adds that In such small communities
IEDFRAL REGISTER, VOL. 41, 110. I61—WEDNESDAY, AUGUST le, 1976
'
111.11,115 AND RCCULAIFIONS Intl+
rrli lrnalc rlorn•Ir,� n'qn r pr pl-� Ili
lVlt nrl r•Inlly rr�r�
{m!ILrIN lrV uilnn d,11 Va'.vn to cure ttion itle l ercltAC'
Iaprrtn lelrr Alihnnulh
oU Ihr!
rnn p•nd In nrburufY and Mahn, n^.anti, (-l'CI not"', that It hndl to ut'lul; Milt to
nnultrnding Ilrlrtlnn of f'fr1lnu
lilt, rntllrlrx•
r'ninmtlni l' 'I'1'Ir•CGlllllllllllf:tl lrlpn, mv. old;llo It rile Iherem-e nrcdrd to nave n
('ItV or liallllr'I'o ltlrn llnl rn
u1b•1'r uhnt In r.n1A (.I he a typlrul OHM. I.yrA rnn In (.'¢Ilfmmin freln bmlhruplry,
Ily or ntib,orlber franc r,ald"Holl. roing
ilia. CI'CI rd ntra IIInL nor or its rp'ntrms and CA'1'A nnh!.i that one Inrae multiple
rrluvhdty fill- Inrk of n unl(1011 arrotup
noun, nllhnn!;h
nul,. rx prnrw'rd n n ,!uttvr I'll>h 11, v and sy!dent owner win !envoi to brine; atilt
lug nYnlem, It nullutatnn
it), to do it
rule nl rrwm r.lnrr till ro^Arm was rucr- uruumt ben CnIlRnm ha cltlrn—nnc Dt
mint city cnnncil ntenihrr,
"u Is n Irr-
kvrd, fitvr,nurn•nt lu Ihr s•;Atroi bdah e.hlch refined to art atn rite Inerenne
con:.rlrutluu.5 )nb, lily rnnnrll
r"tr
I1,000,nn0 uud tit• y,ten Lr a? In-ent ir,pPmt .f"r m%won month" while the
rlhlo plat," to try n roloplicoted
rim„•p
rnu:drurled '1'nr fr„urine,. n'quu r•: wlr- of lilt, mintrarlly denied the full Increuu
WILLor." b,,au r or till lack of
111A of tilt, enure fr:uuad:.r Inca. For a+o rrntoutr 1.
e xpe•tUc. The Cut. ho'ther, nvrr, Uutt the'
rlmrnrn'. rnlh llugmriiclofrrtrn
4a1rTlicc roallncnlcrIll n(offer
burdeneda110 s
nodor
councilther rueniber,Itterit
IlturrlitY'llha vrll
rare rru(ulrt1i
LYwllho of ftl
rrgnr:ard ran, w,'rru:. - C'N'T hnbA:, that :-I" U., and rxnun Ul its In chow tile.
Impnrtanen, Inaks limit far tho Pallrnt
LI local re
relmWe Inn+I lThatdrn of
finding of I¢ot and alrplleetlDn of rift,-
Ole
xowl nrl,\yMeln
cldbl, nn4 lL I,, in nthNC'1'A!dulry C5 111-1 .! I (Ifa
maklnit thnnry and law neceasfirY lot
the l,nolbdnr Ihrre J."t, 10, of tile- :an'v,v It c,,ndorl,d tin the nenernl topic
VY011nr nntillut or ratan,
Iunll,,tlu la do„l s•ibscrrlberl
17. lucnl nrs(uro u/ rift, prorrrJ
hraul mly m- Ilormtlftnnl one rue -
4'tl(y�Rh'"ah the all•.rnce of Irnlnlnr.
clr. It, nntll the rCmaollnl; Ihrre ulneoot creases occurs between six find rlahleen
fault and rxPert advWv In a llmblrin,
Ihr
of till• "'el, I". rrl•\•rd hrvrrnt nnnnth:; otter [lieInllhd requr::L, with nit
foully of the rommrnlrrn Prr:;eulf
irnurhl;r
ultely one
rrsLrtlortile ny
pillInllutolnrnl life lltlnllotlior
Inert
nr''`rxnrrrbnlrvl u1hr•rd'Llrrrny'�toolt nrprrra• y,,:,r.'Illeravolltgc citerval
IMI
Inn' 1'; nl lemptlln; I.n :.rrlire flit, Ilfri'enhe!i erator or ohtaitllnl{ 11 "ate Increase In ap-
bindle aul+!.crlbvr Trine$. It It, orgllyd
tit the lmftl It,
la bound
ill •:ev.•nll roloolooplo nerved by n rnn• proxlmatclY $:1000, but NCTA rivers that
because
We reftul"0011
up:Inextricohiff with In Idles "nit filet '
Mr.Cabin eC'uummnry lolll- �y,Irmr; do not 1)rill, cIIY allocate lh costs
nNnI
rite Incrense' requests ofton become a.,
i'rc,14 I It ll"Inl
rid lnn.v Carp. nvrr. Ihut. he hndt up , nonnnily nurlbu Ulblc to such procecd-
psllllcallGotbnlhwith arbitrary end un�-
rim;lnnu•nde !;c, In that rcrvrd seven- Inan. The California Cubic Telcvinlon As.
tortlmole rrelfiln. ALnsL of llv! nlllcutls
lr•en ronunnnlNw; In Now• Yoi'k IJtule, sorhll.lon e�llmaten that the time con.
rerui¢11u11 Into!; al@ pnpnlnrIy t•Icrted. or
Ile
ob
A(I11""r ,rnnununllto pel. lirarproved nmmnthe
arc Political lun.,I nl cell, with YC:.uit
sob hn5trnl.c behveenl nhonr and twenty with
that thcY urc ncnit•ly srn!;plvl• Lu vnlrl'
hle that Mr. Minn :,t nl e, hr. liy' sold resin of slo.nno to sloo.nno. Cablectll
toartlan to Pngrnsed IAihscrlbrr rile In-
the sy:arms. Thr Prluv:vivo a Cable states that the cost:; generated by Pro.
%1;
crec:rs. t5m.tern Telecom rates flint rnhle
'I'rb+vL•d¢n A,s;ristlon IPCTAI not rs inland and conlenllnus rate regulntlon
rate Inerensc req!wnts err of(" I t•nlq;lll
which
lhnt this prnbdem Is also ncnlr. In Penn- ire p,ssetl nlnmf lo.•;ubScrlbers. The coil•
between rerulnr tax Incre;u;rs,
!,elv:ulin, n4urrr• Ihrre• err m:wy small mentors oinnPhasize, however, thnt the
local officials mist approve, I n0 W'wanes
rnuununlnO and th-,cnurut.ly nnulcl ins nrlvrrse coin
of such local rate rerzuln-
In utility linen "err which th^.5' on>' "+'
'I'o
cmo.do u•ral, syslru 1. Ml1l,ro'I'rlrrmn Lion err not felt by subscribers nlone.
may not hive an rnnll•ol. pl:u'a!"
antra Ln
I',.— nand.. turd dor-+unrrl tatlon or Ifs 'I1,c at,ulty of the cable Industry to at-. _...
consIRocatr;, Incnl otllrinl:: pt
rat,, In-
elf'o-I! In :.rot re till(nand rat, In'in•a-,a trim prre•:•tnn• venture capital depend::
draw the Ilnr when suh.ncrp,rr
crefua• reqursL•; urc pn9.ruled, uu maLlrf'
lh notch, t' all I'^rWnr: of 11• Pruu'll- on Lhr. rut ev file ;;yslem opendnr can
v:rnW cnnulnmernlr rn'sG:uns In "ne In• rhor,e suhwri ors for orrvire. Warner
haw It1L'rltDl'loll!t lllCy may oll":nvl:'c he'
lhnL
,son n'r, i'a::lrrn '1'I•Irroln n'nllly .u:, ,, d Cnhlr. rntphn!.Irrs that It 1.5 nbsolulcly c.-
L'fuilecom•Clenerul IrohA:; tit
In
n r,rplr:d d•rl rate for, c !,, from one of the nrnllal for the cable Industuy's rates, Ilke
lrnnchtnlnll arihurlLles n••:orl :,ncll
toormnnIll 111 s :rrvrd by oar of tin r.y:;- IIll of env olhrr IndleAry, to reflect
practices as Pentl) log rill, to, vw,"
lrms. 'I'Itc other rnn mlunuv, holcrvcr. clmngrs m file rust. of Ilvinr, will In nit-
Inlet) nlLrly, nununartly rrfusull: to rnn-
R•hirh Inriuded n51're"nl of Ihr r,c •.Irnr' nr 1 rest:; of obtl-hunf: rnpltnl nrcdrd to
,,,for illy action, dehtvinr ronnidrr:d inn
!Mal sahu-n),ers. rr•fm:rd In I:ranl. the Ili- reallitain prover service. When nit In-
n! rift,. Inrrcunr;; by nilahq; unn:x.m'l;sled
crease until a ordain shoal It:; added In thi0xv, cannot recover Its operating or
in rn find rrquu'Ing their I( nlotion.
Ihr !;>•slrnv.' slenul 'ontplrmen t. Upon ry Pllnl costs, Its finnnclal viability and
and denying nny rate Increase ¢t ill or
brolg hrformrd by lbe C.t ln:dou that prow Lh pnlenlind nre scrtnnsly lhrent•
grunting m1c fir Ic:s Lhnn lhnt rrrluc:U•d
rnrrinrc of the dr:.laerl :.npinl n'nidd be trial. Allen's TV Cnhle Se vice. In n com-
wlLhmd cvnlunLing the Rn:Incinl data
lnrnnNsh•Irl with lilt, airs, the Iraurh!n- olrn. JointlY nled with 0o n!her rnblc
prl•I•entcA. uuuic local uuLtvnitlrs lac❑
Im; nulhnrliv d,•nied the moulted rate syblrm^, ,rronv flint the Inability of
hint at retaliatory nr Llnll, reel, a:, rchls
increase. Aldojovh a renewed 1'rrptent many systen opor,lnra fit abinlll neces-
Illg to renew the (ranctll :e, \,11(o Pr
wnn madly and rxtellslvr fillancill, fiat, ear\• nits Incrrnsrs IT:.., Trade compliancearmed
with a rate Inrrva:w refio( .
,ho,,I,a continulnr and gn,wlmt Imses udLh the Cnntml^snails technical and
Warner and lho;:c rnncernz
worn submitted. no action hall been rhIlneel rnpvrlty Rules dirficult at times,
and stale that LhcY hnvr bid the scale
at they have
taken by Prbrnary 1 n7a. aver a yr:n' after and "cc"5loonily has delayed bludenen-
exllerlences. Liberty enplmslr's the for-
the ❑rst coma hid granted the re- talion of service that could add to the
queno. wlth which dcl:\y'Ina L•I rt"!: err
II.
qu-Iod rate Inrrr•a •:r Ah•rr.;ll:v of ptherammmr nv fe
employed, biting, that Ihls has rnu:,tvl
the stun:, la su 1l�:ly rnn
IA. A'n sit lrerlrrr a le anal asl nrbi(rnry microwave
o n11hsCYlhe Yn Other Imr.,115C Il11CmR'ayC
to spend suhsta
less re0uesti for anolles, r,pnrly, and
r111 rrl err l,• Irr r'rrrl.trr( drill rx f.t,
lninsmts'slon cannot be nlfm'ded to Im-
arlrv'ryn. In one Irv,tatice L.the' tuh:4
5:•rrr.il or Ihr conunrntt•rs Ion x elm
that.. I'll(.Commlcslo n Ilort dMant signals or because orighm-
iL wits forcedl to upend over 925.0n0 In
polnL nllhnlwil
1'19;DI:1linln I'e!,jojjsjl)jI. Unlit equipment for locally -produced
ft lino!. IIIIPn•:r ratebought.
secure a monthly rate Incren:.c of fifty-
Ihr:: nit Inr:d vw bnrlr^- wilt err hu•x-prornunnring cannot hr. Morc-
slx cents, on one of its conplomernte sy.n-
that,
prrlrnn•d and roiurlanl to grunt In- over. an Insulflclent.rate tome maY'mnkg;
tens" Tile Cltv or Gan Dean noes
Is likely
rn•:tsrv. Ihr Ituirs containno snfcrzunlxl 1Ghnpoaltrle to. expand cable service Into,
flan it; experience, ndemnkblr.
I he an attenuated pmerrs.a der In part
nrbltrnry and unfair d bole- new'ornnel Thus, Ill-advised local rote
"rh,
o
to by Incnl om,drd.n ••lit nrndnll,
o I
'rile ph' mills:; Ls r sIIY :uai
W the detriment of
atc-
attempts
the t.,:, of blghcr nlfrn wuh the hope amsuminu pldh Lai action. I'CTA :,lutes rerulnllon redounds
f ,f
the:; that In Prunsvlc,nnn Ihrre nre at Ic:tsl the Industry on a whole. the Individual
cl will
that the I' II,N problem
six Instance:; In M0,11 ler.:d proceedings system and Um prornlmming and serv-
soon go away."
is the r:n'Inun
tire being contemplated or are In'c•Tnth• Ices It can provide, slid potential as well
17. The ci m t of
parties are replete with specific exnaudav
pending. find Wanner Cable notes that It its current subscribers,
ft DIAAI REGISTER, VOL. 41, NO. 161—WIDoESDAf, AUGUST le, 1976
i
IMIAS ANO fIMULAT,GNS
rnnrnru:n sol.unnrrl
lmd urn rrv,'uor„npl,:lrnit tills Iin,e'ivneflt, Tux Cable et al, find tho
11). Sliblfanlldl Amend Ow Ill nl 1Y,; ff
lu cunudY wllh thC e uouakdd on'rule, Fiorito CATV Amoviation fovor dele.
Inl1JI, An nntrd fit Paragraph 10 nbovn,
hall woubl Intie rut," dr 1-Iled ❑ail and tool or the little and, It PeCennIlly, dec-
heverld at the pral'Unt-tiM of rhOuge rl":-
1'Id I If flout, fall to Inlv'l . laratlall of u loorn Orialll (111 loyal or
(111111101111 lhnt 1 711'it lift 14, ill• hllh•,wll•
1'1'ace'llually, CC'1'A'd I.U;raex h:d 111110141- 61111, Ilte 1'aglllation pell(IIPK lI1Q IUfmll•
dilly unleaded to enrr "A lout perceived
nv'nI, wmdd Provide Chat lelim,ih•d rate httlun of preenpllVe federal regulations,
dafialanciLl In local refb,crlbnr rate rig.
Incu'n+:es would hrrnntn vlf r'Ali" 1)" day:, C.OIIyelti'lY, VIOeOnl Ira Leinational, the
Illation. Thmo ("Inlnenhv'n (ooun ou the
nflrr notlllentlnn of the fnnu9aelng lid- flew 1:1110"nd Cable Tv Ievinlon Assoeio-
nb''nlre of slnndnnM Iluvenl,ng the tun•
Iholi ly. If the blltrr Inlb'd to art Y:ilhhl tlon, and L"FC1 favor Preemption but do
cedar, to he folhnved lit Umkhal role
tbIll llnu, nod nullhed it,,- tv:drrn ,,peer Rol;L"Loo lend delntlon of 17G.?.1(a) (4)
III.!
dorPdons IL, the cruenl Un,bhan, ;,fill
al prOld:a,
line that It Ill:hed to lv%l,',v Chu pro• Ivi ell Inlerinedhte step, As Out Interim
snrraeat Ilia,
adoption of cure
posed Inrieto.e. it wound bo legwrcd to apmsurr, CrCI recommends modifying
the defect. luu:ed on the d1111rultfr, It
Tench n (Il—Ole l+tlun Inn days of the lha fide In a ftcOdon similar to the pro-
110.1 experienced ill nee urlog t'ah' In-
Initial II I1,- 0 h, Inn r,9:•c lhr lair. NI- prrn,l ranhtlned In tile Notice but would
cran
er,n5ce, Rlu,hern '1',•1,•cont rornnunell,I:,
that I
nnll.v, w9dleCublrrnnr(Irarl'01 tavnrnde. amplify Llle tilde by providing that Pro-
letion of the lade, it n4;ra the Oman Lt- Increancs
17G.J1n,) nN be nnurI lit Ill-
a cpeciflc proradura provldlnir
pm.ed rota Mould become of -
+•ion b, exh!nhh rlv mrrsllgn u• and gnthrr re tire uulunluticNlY wltldn IlU days of
for tit. syatein's hubml,,lon of 1, r:lh: Ill-
Infornmhufl all the clltire tl'va of I,lvat 'Service Of uOIICO Of file increase oil tile
(nlllchhor
Llama request to a local couloaq,lnu,
rtteutaklnlf ploeedurra, Cnblecnnu -(tell - unless within that period the
Willett would thereupon u.ive file public
Brit believes tilt, advIn.lble hrcale:e It franrhl,or dslerndnes to the contrary,
that hunlc
to lumen.
an opportunity to ronunant In wrnule u9
riling
,,,,,,bill felPdntion of hubscl Iber Viacom and the New England Cuble,rela.
well fin In n public heal The voil i•
Tarr+l ut ally level of govurumeul D, iw,d• vision A.uuclatlon apparently regard at-
wouldthen
Manwell would than Ise, Its fln0,
its, ,old
ad and beculuu there Ix pre ently no re- flier revfalun or delellun of 1 70,31(a)141,
the authority would act
PO,ILory of ollrldlhM told d,wmnelited even ax Interim measures, to be Inade.
ilpnil them. A time limit would be j,vt
"•sPcrlcucu on Talent king pullelev Imd grate. NCTA's preemption proposal
for accomplishment of enell hell In tills
Imnrtice upon which t ruled rcfil:torY would Preclude fiat -federal rate regu-
Prneedurr., and disputes would I)1! sob.
pogcY cull he u:Lsed. Allen*.,; '1'V Cable lotion and allow the marketpl lice tocon-
gutted to arbitration. Mr. Robert A.
et a1, flavors itCfrtlon of till` Title but ft:u's trol In eolnnetltive remkeW In which
Brooks- faults the Commlas,nn nut only
that the, polllical pre"mire to rrilulnlQ nver-the-alr television reception Is good;
for having failed to adopt Procedural
oaten wmdd render must local authorities cTrCI, Cox Cable at at. and the Florida
against
tau
❑llivllline to III,: Ildo1anf1 n«e rcgubu lJel; CATV Assorntlon would allow load rota
but al o our flui to vidfair o1for nu apte �
tharafnre, Chesc rnmmca tars urge the regulation, In communitles served by two
eor arbitration board to facilitate
Cool oils inn ro il"ItT.sa It nlor:ttunum 01, or fewer Grade ]l signals, but would Ill-
resolution1of rate adoption
urn -federal rate regulation. A provlaon low rates to become uutumaticnll at -
hu, repo in
Thus, In nddltlon to propnshlg adoption
for waiver would be Incorpol:,ted which fective within a stated number of dots
des elite re procllo"'dure that
Irould enable n runuouultY to ragul:dc following service of To 0 of the Pro.
Includes
In l guidelines t.
to be followed by
n\te•s upon a Lbnwh)g of good cause posed Increase on the franchlsln an -
the ponies
s in r ati hoc and c\'edunhnv,
rMr.
thelefor; however. July rate re;ulallon ,hotly. An fin altermitive to deletion of
a
ntin Ineroasai, rdr, B suffrests that
wvtlld be roudllloned ulxlu the ho de-
I the till Preemption, Liberty ecc-
a en ..
the Convnlsslen create fin uppeliate or
e I
1nenL•t tau nl hvn,.rdurc, now ing due ommeuds thnEn rule be adopted reqalr-
arbitration heard to decide r:ttc Inrrewr.
prnxsss and tbneh' netlun un Late In- Ill,, frarwhlsing author tlaf; to act it fall -
disputes.
n .. a le'la"Is. rile Parifie If tfiw05t rate \vblcl4 If colldlllated upon Provl-
Ca CD lined A::.n Latluu
17, Deletion of E7G..71(a) (4). The ma-
also stun of extra servlcls, is sufficient to
or l-i Of
F vnrs dl-iti" d E'notM6 31u„d) rnu
the Inherent of tole cents efllers 1•local lnd,,pall
the.
i,llll latpu,lllou of n It orate lent on udn- cove• tltcle cant pow n reasonable Prollt.
on.
ar rate several on fever
atereg problems ill I,,cnl Ill 1'm:11
federal +.ubscrd,vr rule L,mIahOn to d,- Liberty \would re,11dre arbitration where
uroneaR;sII:,1
la) (41, Several of these cmnnu'ute'c fur.
terualna whether subncrlbrrr Tale u7lula-nteu cannot bat agreLd upon and pre -
ther buligest adoption of atutld ods to
thin by 'Illy level of gUVOlinnLot Is nmes- diode rate regulation In small commu-
be fallotved by lh-SC local (lLult.11(fl'a
Lal'y, fliiles served by a portion of n larger con.
continuing to regulate basic sub.,crlber
13. A utlmbvr of the cuuunantem urge gloole ate system.
r(des. To offset the problem of pullbealiv-
mullvated delays In Increi,e
till: Couuni::dou In re,:ol:nlie Lhae the Dtscvssto:r
rate Berl.
MEOW, \Varner Cable advocates adoption
Mobleov urUne from the inamier fit 19. when we adopted the "Cable Tele•
Of a rule Providing that Propo,ed rate
which local authorities regulate basic V1SIon Ileport and Order" In 1972 we ex -
Increases would become effective wltilut
a0
nubscilher rates fire much more crucial pressed our belief that it was Important
days offer _ecr"ce of notice on file
franchising authority. 'rhe letter
then whether or not such regulatta n is for cable television subscriber rates to be
would
retain olle La review null.
nElf-
mandatory. Therefore, these comment -set In a manner that would assure they
back
spry, roll hock rite Increase. 'rho Cnll-
h
ors regard deletlun of 1 7G.71(u) (4) as were both fair to thesystem and to the
fe•n1a Community Tclevlslon Assurlu-
only it drat Melt In addressing the prob- subscribing public. Although we did not
tlon would require the setting of a rate
lems of local subscriber rate regulation then believe It either appropriate or
that Is Just and reasonable. ns drrinad
"D.C.
and perhaps flat even it major step be- practical to dLsPlace state and local flu -
In Transit System V.Washlogton
cause, as NCTA slates, Political pros- lhorities from the solo they had tradl-
Mel.ro Area Transportation Commis-
alaree will make It unlikely that even cils- tionally Played In this area, we did be.
sion," 350 IR2d 753 (D.C. Cir., 1965);
Inclined franchising- authorities will, ]love that the matter of subscriber
ear. m—ks t, nrulnr vice pre.ldrnt or
rates
forego. subscriber. rate regulation. Ac- was an appropriate area of federal con-
Tetrlrom Isnldnrrrn,g, roc., sad prr.lnrot or
nbnrd Aarnnrn
coidln Rly. Vcrlo Corporation and Ifni- Leta. Rate levels and the Perceived fair-
cha of of lbr ('Ily ur mom'
hurter, au„onrl.
Ter ul-f'rlevUrm Coble Sy::teal Ile., con- y
Hess find efllclane of tile Process where.
"A jut find Ir..... Tarr IO nm• tout
elude there Is it need fur the Commis- by they are set are likely to have a direct
wet au uu• mtterprhemwl ':, I•rtr
rxpma,m
stun to pecenpt the field, as IL has done bearing on the growth of the cable tale.
willmet, nud emlbl- a u, rover
In —LA fin 1. debt, ply Jlvldr„d•:.ernr t•"t
in the era of nusillarY :,crvices us
(eTf. vudon Industry and fats types and at -
b, I,llract luvealara. nml revel„ .,,Ibr l.nl
I,ay'-Cable) Bite re,•ul:,tiun fur noti-basic ver%ICY Of 5LINIces It provides. rlates in-
eurplus to purmIt it to on.—d,nvnp.y-
suWerlbrr sarcices and preclude rate apprnprfately high may limit the avng-
rnent, an near ejulpme^'t —I e-,NY In
pmvlda both the farm d fin ,. In lira ,r fl-
yaguh,to n at may Icvel of government. ability o[ service to (members of the pub-
„.,aclat Rtrcnittt nod utnbltlty: • asa i':Id
Atrierlean Tclr•vivlon aml Cmnmunica- IIra, hates Loo low may 11mIL Investment
at 770.
flutes Curpointiun and NC'1'A agree In In the Industry'and Its growth on a
FEDERAL REGISTER, VOL. 41, HU, 161—WCON15DAY, AUGUST 10, 1976
nationwide bunts. Itatl.a too low could
also Impede cable op' -aloes In their
nhlllty VI comply with file rrgnlnaneu L:
of the Comrml:u.ion'n nllrs. Accordingly,
1 70.31fn) (4) of the rule was nduutrd In
require, as it condlllmn for obullnlm: a
Cel-LllCatl of Compliance treat the Coul-
mlrslon, that each eabic s)'ntcnl hove a
franchise or other nppropi late 1,, 11 nu-
thorirattlan providing for the rekul:IlorY
supervinlon of subscriber I'hllC„
20. Because It appenred that rune
local authorities did not. have We au-
thority to comply with this standard, In
order to f bellitute experimentation wllh
differing types of rate control Proreduren,
and because It uppenred that there were
urchin where such rate central wan hot
neces,ury In light of market forcm rc-
atralning rate Increnses even in the ab-
sence of governmental control, we p o-
pancd In thin proceetting to nmend our
rules so as to make rate regulation at
the lorill level optional and sulhjeet to
declnlon at the local level. Satre rom-
menting parties have suggested that we
take an additional step and act ti Inc -
elude regulation of raLcs at the local
level. These parties regard the local rate
remilatlon prorn:s as both burdensome
and unnecessary. We mated in our re-
cently Issued Notice of Inquiry In Docket
20767. supra, paragraph •1 that "ths•'
Commission contemplates no federLI
peremotlon of, the local regulation of:
subscriber rates and no regulation of
subscriber rates bythe federal govern-
mental' Nothing In the comments sub-
mitted herein has persuaded ualter s to aer
ltis view. Moreover. even were we so
persuaded, the scope of this pr--fling
is not sufllclenty broad to adroit of that
outcome.
21. Our review of the comments filed
and nor further consldmation of the Is-
sues raised has convinced us that dele-
tion of 1 76.31 fat (4) would be ndvl,ablc.l
This-wdll enable local authorities to de,
elde whether subscriber rates should be
reeulated, surd will bat -facilitate expert,
merhtatlon In the types of rate controls
exMnlsed' It now appears to us that there
are areas or clrcumstnnces In which the
regulation of regular subscriber rates
may be neither desirable nor nee—,ary
and that local nuthoritles should be per-
MILted to decide for themselves whether
they will undertake such regulation. Sev-
eral types of situations may be involved.
First. there are those mentioned lu the
Notice where there appears to be no local
authority to control rates. Second, there
are those situation where competitive
- We do not concur elth the comment, of
An C, the telnvlelnn sic-. and "Cm,
Net thU proceeding nhnuld be term looted
been se there we, Innumcleot hard darn
ivollable to the Comenlerlon W rurl:ret urnt
t ve should habeen comma Mad. Trot a ruin on along proceeding met, nppr prl Wy be
commenced boned tin dnla gathered Infor-
mally by the nand end -olt of o
expertlne. vIe—. end npinl tie, nil well r-
)nfernntlon more fnmtelly gathered. In not.
we think, open to qurs[lan. lee, e.g. Flying
77Ger Line, Inc. V. Floyd, 244 F. Burp. e89
TZIM.C� Ill
IIUIES AND OWULA1I01,15
nhernallves to cable talevpdon nervlce
ulnas or when rumbinud wllb purLlculnrlY
tinky or expennive InAtillatlnnx appear
t , render thu rnte rVgLlatrry IMKOl n
cuperflumm. In view of the other forces
acting to keep Aden at on npprorarlato
level, rates allowable offer careful ron-
rodemtion of the farts Involved In lhrim
tAtuatluns could ea ntly exrerd Clime which
Uic market nllunllnn would allow to ba
Lhnrtird. These arc Malty utru: or the
country where cable lelevlalo❑ now np-
penes to be it marginal Investment for it
pnldent hunk—rinan. It would be per-
fectly rervihle for it hitochtm authority
III such tin area to trek In reduce tho
rlrks Invul W,d and rn allrart francht,c
oppllcahls by offering potru Llnl uperutern
Independent control over nervlre changes.
Other renronn Inav nbu cxlst for fore•
going rate control;: Minor nuhdlvl.lmis
rerved by large .eyrlPmn front udluhdng
ronununitic!. cony wish to defer to their
larger nrighborx tin Lhc rate rlueWoll,
small munlclpulltict may find, given their
level of expmtlre oil mlestlons of fills
type, that any formal rate procreding h
more expensive to the community its it
whole than Increased cable rates. In vkw
of these considerations, we new no longer
bllleve It approprlatu to mandate, through
our rules that rate regulation be tindery
taken In every community where there Is
a cable television system. Moreover, It np-
panrs logical to 'Us. having left to local
nuthoriLle. the decision as to what lev&
oP rates should be charged- whew they
are reaulated, to also leave to thane the
deolalon m to whether this process is de-
sfrabte at all.
2 As the comments of the New .I,r,,y
Cable TdevLslun Ansoclatlon demml-
strute, deletion of the Rule In Its entirety,
rather than adoption of (lie alternative
omendment proposed In Lhc Notice, will
nteo permit nonfederal authorities the
widest range of flexibility with which to
cr,Labllsh procedures for handling rate
Increases. By net requiring public pro-
cerdings prior I. Implementxtlon of rate
Increases. we not Only w911 enable local
authoritles to Implement certain accept-
able farms of rate regulation such as or-
bltration, uutomatte escalate, clauses,
maximum rate setting, which the public
proceeding requirement might otherwise
preclude, but also will facilltalc the im-
plementation of procedures lhnt are tall-
ored Lo the extent of the perceived need
for rate regulation In the Individual cable
community.
23. we note the coerce or several of
the commenters that elimination of the
rule Or of the public proceeding require-
ment would deprive the public of all due
process safeguards in rate regulation, but
we poll Lhis unlikely to occur. Any par-
ticular mode of rate rreulatlon estab-
ILhed will be stipulated In the frnnchlce
mantel the system operator. Section
70.31 (a) (1) of our rules further cpnifles
that n cable telcvl-Ion franchise shall be
granted only after on evaluation of the
proposed cable operation has been made
In the context of a fall public proceeding
affording due process. Many states and
lucaliLles ONO have statutes and ordl-
RM
nalwen Trothln❑ that till, publlq bu given
notlrr, all,) an opiao-wolly In be heard ill j
the grant hill of frarlchlni•n. Tlprrdor6, the
pravhnlonn of atnlc and local Inv and of
oar rhhtl will amure that tin puhllr, inn
partlehpnted In any cmv.rnt!d nil Initn
to the odopllon of any prrseedural mech.
Million whemby nubterlbcr rntes are
detrnnho'l.
21. We note nRuo the nrC'llrlrllt Of I:aS'•
Vial of file Inlbltc Intvrent colmovilier:•
that public prncerdingn to evaluate rate
Increase rvquestn nerve, all a useful forum
for Identlrylng and renolvinit rervicecom-
Viaintn still even for obtaining denhett
new srrvlrer, from the svntmn operator.
Tiler,, In roncrnt that, were we to delete
Uds existing requirement, there would
he to meehnnhgn for the public or file
fran.lihIng authority to redress service
cnmpinhnLs or otherwire review and le -
quire rhanflen In existing rcrvtcc, In thin
rcnpect we, nhnuld observe flint, although
rate Increare hearldps mny offer an oil-
partlme time to riddrens t One problems,
they do hot provide, the only opportunity
to do tin. Thn franchl•Ina authority colt
Include In the fmnchlrc provisions fill
periodic public review of the franchtsce'r
performance, along wltl xpeclned pennt-
tics or remedies In the event the fran-
chisee rolls to comply. Introducing nu•
meman tnngentlnl service complaints and
requests Into what would ordinarily be no
economic, and findnclnl Inquiry can need-
lesniv prolong and obscure the rate pro-
ceeding, Moreover, withholding a re-
quested rate Increase until the system op-
erator xunpil- deelred services may. de- -.. _.
Pending on the eviaency for the re-
quested Increase and the extent of service
required, rerlourly Injure the system sea.
rgmlcally either because of the delay or
becnuse the Increase. once granted, mny
be Insufficient to cover the cost of a serv-
Ice not nnticlpnted when the Initial re-
qurt war, made. In such Instances to
Interests of the parties Involved —the syn.
tr n operator, subscribing public, and
francht.atng nulhorlty—mny be adversely,
rather than beneficially, affected.
25. Connlstent with these findings, we
nhnll amend our Rules to delete 170,31
(a) (4) In Its entirety. In so doing, how-
ever, we note the virtual unanimity of
the cable parties In anscrtlna that thert
have been Instances wherein local rate
regulation has not been performed In a
consistent and dlspasslonate manner. We
agree that, where the franchising au.
thorny retales the prerogative of prior
appmvnl of rate increases but does not
discharge Its duty responsibly, ever::
party having an Interest In a reasonable
decision in an ultimate loser. The system
operator Is obviously and Immedlatel.v
affected because his ability to expand, or
even to continue, service may be Im-
perlled, As n result, current subscribers
suffer by being precluded from recelvtnr
new services that might otherwise be of-
fered ant) In some exacerbated situation
may nnstain a diminution of service pre.
Vlously provided. Potential subscriben
can also be affected because urtustiliobld'
limited revenues may make It impossible
to extend cable service to successive srcar
rEDIPAL PEG151En, VOL. 41, NO. 161—WEDNESDAY, AUGUST fir, 1976
that Inn uuerotor odidit olherwlse whir
to serum To lha fix lent LIIA any ..r OII of
these renults occur, the (runrhL,lug an-
thnnity may hove caused a hnrnhd af-
fect far Au to rllthlnl( the intended be0ef-
Ic(-nce of Its netlon.
20. As it auto or partial cure for Innb-
tros In thls area It has been sukg„slcd
that we preempt regulation in th Ls area.
As Indicated In paragraph 20 above, we
nre not persuaded that this would he
either le aelble ur appropriate Moreover,
It would be most difficult at this llnln to
follow the nugnee.tIons of lhr NCI'A mad
of Cox Cable at III., paragraph III above,
rind fronts a rude of general uppllcatl.0
defining !hose sltustions wherein all ex-
ception to the Mensal preemption should
npply and rate regulation be pe'n Wiblu
or even mandatory, Differences In size
of community, nBe And technical 6ophLs-
tic1l1on Of the system, servlem Offered,
and so forth, when ridded to the varta-
Mons In degree and type of off -the -air
toNvlslon service and available enter-
tabunent alternatves, make It most dif-
ficult to predict on the bests of the III -
formation before is which systcuhs
should, and which should not, be rate -
regulated. Nor do we agree that it gen-
eral preemption on rate regulation for
a moratorium perfect Is necessary to Iden-
tify these Instances wherein rate regula-
tion Is presumptively not needed. As a
result of the action we will lake today, a
number of communities may decide not
to regulate rates and the experience of a
cross-section of these may well supply
It mndlcuai of the hd.nnatlou needed orb
this point,
27. With respect to those communities
that continue subscriber rate regulatlun
we believe that several measures now
pending or soon to be submitted to the
Commission may be of same old In suly-
Ing ionic of the prublens alleged to exist
in local rate regulation. We antlelDntc
LDulnir for comment In the near future
a proposed uniform reporting and ac-
counting system for cable television ,Iys-
terms which, hopefully, will clarify and
unify accounting Tinted— throughout
the Industry. This should be of help to
local authorities needing a systematized
and comprehensive set of financial data
with which to evaluate rate Increase re-
quests, and should eliminate the neces-
sity, for repeated solicitations or relevant
finnnciul data from the system operator.
This, we trust, will remedy one of the
cutses of delay in granting needed rate
Increases. For those local va thorltlea
still unsure of how to regulate subscriber
rates, the body of Information submitted
in response to the Notice of Inquiry In
Docket 20707, supra, will hopefully an -
able the Commission to prepare a report
which will aid in answering some ques-
tions about subscriber rate regulation
nod supply nether guldamce to those
local authorities requesting it.
20. Cable television performs a unique
and Important function lu the national
communlcaLlons network. We tire rasum-
Ing Quit local nuthorities who exercise
the option to set bruit subscriber rates
will act responsibly in discharging their
RULES AND REGULATIONS
duties, Wo urns then) W avuld needle illy
pfol OR a 11 gT If cc is l a m, an ra to cha n a es, dn-
nuulding that the nyslem operator fulfill
unrealistic conditions m it quid pro quo,
or otherwlso dL i—InR of rate change I,!-
11114Td.•1 In fill ulhlhury and caprh:lnas
man uer. We ntrul tidy cn coin sue f nNLeIIL4-
Ing authurithn and pl'ospectivo Iran-
chl::er; to rally co sahr all aspens of the
title meddny, procedure mul, ullere pas-
sible, anticipate the problems that rimy
arLo and provide the menus of resnlvlog
there In Uin frnnchlso 040f. It the flan-
OILsing with01'It) rlel'ts W irgolate ralt-1,
we encourage file partles to the hTw-
N1Le to nut only otipuPi P: any mechuntam
for rate tattling but also In spet:liy what
do;umcn tit Chun will 6o deem(-,] relevant
and reasonably capable of bring pro-
dUCLd, which at the plvtie: will bear file
cool of provldhhr It, a period of flat.
within which the franchising authority
will reach Its dttaislon, procedures to be
used to resolve ally disputes urhing In the
coallne at this process, and so forth. This
will enhance the effect of our nation to-
day, by assuring that mint, If not all,
subscriber rate problems may be effe:-
lively settled ulrough local processes.
20. Auth(nity for the rule change
adapted today L contnlnad in sections 2.
3, 4(1) and (j), 301, 363, 307, 300, 309.
315 and 317 of the Covumurlcatluas Act
of 1934. as Amended.
30. Accordingly, It is ordered, That
Part 76 of the Cori unLudo 's noes and
regulations, is amended, clfactive Sep-
tember 23. 197p, Is set fmath below.
31, It 1, !archer ordered, Teat this
proceeding Is tcrminatcd.
(Been. 2, 3, 4, sal, 303, 307, 300, Mr. 315, 317.
49 Rts4., m nuhended, 1004. ID65load, IDDI,
ID87, 1093. Will, 1085. Iasi, ran,;. 147 tr.s.C.
157, 163, 154, a01. naJ, 00T. 3n0, 3n9, J15, 7I]1 I
Adopted: July 29, 1970.
Released; Aur.'ust 13, 1976.
I'EnExAL CDA1MnmCATIONa
C—lussmrl'
VINCENT J. M-1.113.
Secrefnrli.
Part 76 of Chortler I of Title 47 of the
Cod. of Federal Iternitidom; Ls amended.
at. follow.':
G 76.31 Lt me al rJ.l
1. In 9 76.31, paragraph (al (4) Is de -
tried.
(PR. 13-70-24178 Piled E-17-70;0:45 star
Title 49—Transportation
CHAPTER III —FEDERAL HIGHWAY ADMIN-
ISTRATION, DEPARTMENT OF TRANS-
PORTATION
SUUCIIAPTER O—FEDERAL MOTOR CARRIER
SAFETY REGULATIONS
11)orket Na. MC-71: Notice No.76-101
PART 390—FEDERAL MOTOR CARRIER
SAFETY REGULATIONS: GENERAL
Photographic Copies of Records or
Documents
• Purpose. This document amends the
Federal Motor Carrier Safety Regula-
-GoIm,,Uwloner HwU ❑Lsentiag.
thus (I•'MC1111) to allow sntety-related
rcrnNLs and dueunreabi that are required
to bD rnalntalned by motor carriers ps be
modality reproduced oil Inlcrolllm In Ilan
of Uo original record for file required
rcG.rntm❑ perlrxL
'noon 390.40 or tlla FMCGR Is belolf
added to permit the use of hulrronim In
Ilea of the orlglnnl reront fur the re-
quired retention lierlud,
several requests loud been made for
P,inihslun to rnlcrollim records In order
to reduce costly filbgr and storni(e space.
f❑ outer to bq coWthtent with current
practice, and half) ri lnlmlza the potter.
work burden upon buslncsses who pro-
vide Information m the Federal Oovern-
nlent, It notice of proposed rulemul lag
was Issued Inviting Interested parsons to
Five lludr data, stews and cmnurcnVi per-
tulning to the revision under couslders-
tion,
Three comments were received. Two
comments were totally In favor of this
rule and felt each stipulation would be
acceptable.
tie American Trucking Assoclnllons,
Inc., commented that. In general, they
felt the proposal was satisfactory and
would uffod motor carriers n worthwhile
alternative to Storage of records as now
Prescribed. But, they did have several
comments on a few limitations.
First, they feel a full variety of maln-
tenance record systems should be deter-
mined since many motor carriers rely.
on data processing techniques In the
conduct of their daily operations. One
such system Is the Vehicle Maintenance
Reporting System (VMRS) developed by
the Management Systems Department
of the American Trucking Associations,
Inc. They do not want this 1390.45 to
rule out the present -system, or Inhibit
the development of new data storage
systems that could meet the regulatory
recordkeeping requirements equally as
well. We are not advocating, In this rule,
that any pnrticular system be used, or
ruled out, lust that If the carrier feels
that mlcrofihning would benefit his oper-
ation It may now be used.
They objected to the requirement that
each roll of nlm Include a releronlra of
a certUlcate stating that photographs are
direct and facsimile reproductions of the
orlrinul. and, further objected that It
would not be feasible for the person do-
Ing the microfilming to have thorough
knowledge of all of the contents of the
records that he films.
We do not feel It unreasonable to ask
that each roll of tam include this cer-
tificate. In regard to the comment that
the person doing the microfilming needs
to have thorough knowledge of the con-
tents, this requirement was not Intended
to mean that any person who does the
copying would need to have In-depth
knowledge of the Information being
filmed. The person making the microfilm
would not necessarily have to be the per-
son executing the certificate. The Inten-
tion is that the person who normally
handles the records should execute the
certificate stating that the photographs
are direct nod facsimile reproductions of
the orlglnnl record.
FEDERAL REGISTEV, VOL. 41, NO. 161—WEDNESDAY, AUGUST IS, 1976
LOCAL NOTICE
Pursuant to Stnte Law notice is hereby given that
[he City (:ouncit sittlnlr a9 n Board of AJJ'ustmcnt
will hold n Public Ilenrinl; In the Council (:bombers
located on the co nor of West Avenue and Ile Seto
Streets on Tuosdny, fay I(, 1977 at approximately
7:30 P.M, for tho fo o P purpose:
To consider request by livetyn Hole for a Variance
to Section 26-2I (6 (3) (It-1 NNIN RIiSIDf:NTIAL
DISTRICT - SETBACKS) of the 'Zoning Ordinance in
ardor to construct a residence on her property
described as:
South One-11nlf Lot 2; L.ot. 3
Block C
Lnko Minnehnha,Chatn -O-Lakes Development
All interested parties will be given an opportunity
to express their views on the matter.
Dolores W. Carroll, City Clark
City of Clermont, Florida
May 5, 1977
PLEASE PRINT OR TYPE
TO THE ZONING BOARD OF ADJUSTMENT
OF THE CITY OF CLERMONT, FLORIDA
APPLICANT
NAME: CvoIN" Mold
ADDRESS: 1%11. Calswor.tl,y Avo, Orlando, Fla
Gentlemen:
Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make
fClermont,
pIicatitwheyour
Board
for
relief
permissa decision of the Building Official of the City
o
Repair ( ), Add to ( ), Alter ( ), Construct ( X), Move and Place ( ), a (sign) building
on lot/s 3 and So. '� of Lot 2 Block C
Subdivision Chain-o- Lakes , Address_1916 So. Lake Shore Dri.ve_, Zone iL-c
Section of Code 68c Section 2,&P. L - in the City of Clermont, Florida.
The reason given by the Building Official for the decision in refusing to issue a
building permit is:
Site plan penetrates two feet into 25 feet rear yard set —back
from the high water mark.
My appeal to your Board is based on my contention that this decision creates a ---
hardship on me for the following reason, or reasons:
Tiere are several trees __ which, will have to be removed, and
I wis'n to save the rest by penetrating two feet.
All necessary floor plans, plot plans, and other pertinent information are attached
hereto, on paper size Wj" x lh" for copy reproductions.
I submit that I qualify for this variance because I have an exceptional and unique
hardship on my particular parcel of land that is not shared by property owners in my area.
A strict application of the zoning ordinance deprives me of the reasonable use of my land and
the granting of this variance will not alter the essential character of the area.
I have been notified that this Variance Application must be filed with the City Clerk no
later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which Variance
will be considered. I also understand that when any variance is granted, construction of
the structure must be completed withone one year from date of grant.
Date: .r 7 %
Very truly yours, l Q
i� L��.Ct.,� ✓l G%LQJ
11/16/76
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Description: Lot 3 and the South 'f, of Lot 2, Block "C" Lake
'Minnehaha, Chain - 0' - Lakes Development as
recorded in Plot Book 13, Page 66, Public
Records of Lake County, Florida
PLAT of SURVEY for EVELYN MOLE
Igl6 Sour{ kpVm 91IoA¢ AtRiv3.
CERTIFICATE:
DATE OF SURVEY: 1 hereby certify that this plat Is a BEN BLACKBURN
4-21-77 true and correct representation of LAND SURVEYOR
o survey do under my direction. 624 W. HWY 50- P.O. BOX 953
SCALE: I = 20� //
F.B.CL-2 PG. 23 / - //j/> CLERMONT, FLORIDA 32711
JOB NO. 77-29 �� 7 j�^/�2^�'�/� 904/394-6/31
Ben Blackburn P.L.S.
Florida Surveyors Certificate No.2142
LEGAL NOTICE
Mmititnt to State Law notice Is lit, reby gI.v,on that
the City CoimciI altting n:, a Board of Adjufit nuu,t
will hold it Public Ilcaring In the Council Chambern
located on the corne est Avenuc and Do'ioto
Street:: on 'Tuesday, I�lay 10, l077 ❑t upr'roxI.inittely
7:30 F.M. for the fol ow ,g purpose:
To consider request by Jamos A, Ilotaling for n
Varianco to Section 1-15 (RESTRICTIONS ON LRE CTiON
OF FENCES AND HEDGES) of the Building Code in order
to construct a Fence on hi:i property du scribed as:
Lots GG - 67 - Gg
Ilillerest Subdivision
All interested partios will be given as opportunity
to express their views on tho matter.
Dolores W. Carroll,City Clcrk
City of Clermont, Florida
May 5, 1977
PLEASE PRINT OR TYPE
TO THE ZONING BOARD OF ADJUSTMENT
OF THE CITY OF CLERMONT, FLORIDA
APPLICANT NAME: JAI,Ltj A HUTALMG
ADDRESS:555 Prince Edward _,t. Clormont Fl.
Gentlemen:
Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make
application to your Board for relief from a decision of the Building Official of the City
of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct (x ), Move and Place ( ), a (�JbRf%Liiding
on lot/si • G G , Block
Subdivision Hilierest Address 555 Prince Edward St. ` , Zone R-1
Section of Code in the City of Clermont, Florida.
The reason given by the Building Official for the decision in refusing to issue a
building permit is:
non-conformance toCity Ordinance No. 69-C; Section 5-15
My appeal to your Board is based on my contention that this decision creates a
hardship on me for the following reason, or reasons:
I feel this fence is necessary to conceal a very unsightly and unhealthy
condition which continually exists in the adjacent area which I desire
to screen from my view as well as to set apart my neatly kept premises
from this unsightly area.
The elevation of my property, being higher than the adjacent area, is
such that any lesser height of the fence would not effectively provide
the necessary protection.
The close proximity of this condition to the only access to parking and
entry to my rental apartment v;ould greatly lessen the desirability of
the apartment thereby reducing the potential income productivity of my
property which I have maintained in good condition for over 20 years.
Previous efforts by the City authorities have proven unsucessful in
eliminating this nuisance except for partial and very temporary efforts
at compliance with "clean-up" requests.
11/16/76
Application IS hereby mado for the use of the Clermont Jenkins Civic
Auditorium on___Zg '_ ._/J1.nf u`f _— botween the hours of
The dance is sponsored by
and the following named four or more persons will be in attendance as
chaperones: 7)qA, 't /YL" , n�/ ,,/ C/ ems v�e}��o; t o-u y C,
1 � v1 • V iih e I�GLa Q � "" 0
I/We understand that I/We are to pay a rental fee of $2.o0 per hour with
a minimum of $6.00. I/We further understand and agree that 1/41e am/are
responsible for any vandalism, or damage to the building and/or fixtures and
as assurance of such responsibility I/We are posting $50.00 as surety with
the Chamber of Commerce Secretary. It is my/our understanding that the $50.00
surety, less rental fees, will be returned to me/us within five days following
the dance providing that the auditorium and/or fixtures are not damaged.
Date
Sponsors
gy
4/1 1mq
G
TO: City Council
FROM: City Manager
SUBJECT: Max Judy Request
DATE: May 5, 1977
At your April 19, meeting you asked that I recommend a price for
the property that Max Judy has asked us to offer for sale.
After comparing recent sale prices of Highway 50 property,
considering the property's severe limitations because of setback, and
consulting with two local real tor -appraisers (Jay VanderMeer and John
Rocker) I recommend setting a minimum price of 50t per square foot for
this property.
A survey will be required for the sale of this land. The exact
area will be determined from the survey, but the property is approximately
5400 square feet including 1/2 of the Bowman Street right-of-way. At the
50t price, we would receive about $2700. Mr. Judy considers this to be a
fair price.
cc: City Clerk (5/10/77 Agenda)
� r
TO: City Council
FROM: City Manager
SUBJECT: Earmarked Utility Funds
DATE: May 5, 1977
As reported in the April 29 Weekly Memo, lilst week wq received a
$27,4forceligible���sewerUplantnvironmental constructionpcoststion under Agency partial as
the Secion 06ofPublireimburse-
ment cLaw
92-500.
Our Treatment Plant was built with partial financial aid from a USEPA
grant under the old Public Law 660. The new PL 92-500 changed the grant formula
so that 75% of STP construction costs are eligible for Federal Funding. Under
the old PL 660 formula, about 1/3 construction cost was eligible. The Section
206 grant makes up part of the dollar difference to Cities that constructed their
plants prior to 1972 under the old grant formula.
Since this $27,400 is reimbursement for a capital expenditure that is
in fact a part of our bonded debt, it should be expended for capital, not operating
purposes. Accordingly, I recommend earmarking the $27,400 for "Utilities Capital
Improvements".
If you concur with this recommendation, our earmarked Utilities funds
will be as follows:
$37,650 Effluent disposal (balance after Marshland
Study expenses to date from Michaels-Stiggins
settlement)
89,300 Reimbursement by FmHA for City interim financing
27,400 PL 92-500 Section 206 EPA Grant
$154,350 TOTAL EARMARKED UTILITY FUNDS
In addition to this $154,350, we have approximately $70,000 in the
"Improvement, Repair, and Replacement Fund" that is available for Utilities capital
improvements.
Foreseeable major utilities capital imporvment needs for the next several
years include effluent disposal, additional water storage, Seminole Well (if not
found to be defective due to contractor's workmanship or materials), and treatment
plant capacity expansion.
0�9V`
Gordon Tiffany
cc: City Clerk (5/10/77 Agenda)