NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) CUID Nos. FL0202 DYNAMIC CABLEVISION ) FL0674 OF FLORIDA, LTD. ) FL0675 ) FL0429 Petition for Revocation ) FL0427 of the Certification of ) FL0422 Metropolitan Dade County, Florida ) FL0428 to regulate basic service rates ) FL0553 ORDER Adopted: July 30, 1996 Released: August 8, 1996 By the Chief, Cable Services Bureau: 1. On December 23, 1993, Dynamic Cablevision of Florida, Ltd. ("Dynamic") filed a petition for revocation challenging the certification of Metropolitan Dade County, Florida (the "County") to regulate Dynamic's basic cable service rates in the Dade County incorporated municipalities of Hialeah, Coral Gables, Hialeah Gardens, Medley, Miami Springs, Sweetwater, Virginia Gardens and West Miami. In its petition, Dynamic claimed that the County's cable ordinance impermissibly permitted the County, at its option, to duplicatively regulate basic cable rates in the above-stated incorporated municipalities that are individually certified to regulate basic cable service rates. In an order adopted July 14, 1995, the Cable Services Bureau (the "Bureau"), found that the County's cable ordinance was inconsistent with the 1992 Cable Act and the Commission's regulations, and therefore granted Dynamic's petition on those grounds while denying all other grounds raised in Dynamic's petition. However, the Bureau declined to revoke the County's certification, instead permitting the County within 150 days of issuance to submit an amended ordinance consistent with the Bureau's decision. 2. On December 5, 1995, the County submitted Metropolitan Dade County Ordinance No. 95-212 which deleted the inconsistent provisions cited by the Bureau and replaced them with the following provision: Dade County has jurisdiction to regulate rates in (1) the unincorporated areas of Dade County, and (2) the incorporated areas of Dade County, provided that Dade County shall have no jurisdiction to regulate rates in any municipality while that municipality is certified by the FCC to regulate rates, except where Dade County and the municipality have been certified by the FCC to regulate rates jointly. At any particular time a cable operator in a single FCC community unit shall be subject to rate regulation only by either (1) the County, (2) the municipality, or (3) the County and municipality jointly regulating rates. We find that the County's revised ordinance satisfies the requirements set forth in Dynamic. Therefore, the County's certification continues in good standing without lapse. 3. Accordingly, IT IS ORDERED, that Metropolitan Dade County Ordinance No. 95-212 is consistent with the Bureau's July 14, 1995 Dynamic order. 4. IT IS FURTHER ORDERED that to the extent the Bureau's July 14, 1995 Dynamic order granted Dynamic Cablevision of Florida, Ltd.'s petition for revocation of the certification of Metropolitan Dade County, Florida it is now hereby DENIED. 5. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau