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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Frank Keller,
Cable Television Manager
Subject: Resolution granting an
extension of the Cable Franchises with
Adelphia Communications, Charter
Communications, and Mountain
Shadows Cable.
Dept: Telecommunications
Date: January 8, 2004
MICC January 20, 2004
Synopsis of Previous Council Action:
ORiGINAL
Recommended motion:
Adopt Resolution.
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Signature
Contact person: Frank Keller
Phone: 5147
Supporting data attached
Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
RESO ~2Lt::>4- (lS
Agenda Item No. J.1
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution of the Mayor and Common Council of the City of San Bernardino
granting an extension of the Cable Franchises with Adelphia Communications,
Charter Communications, and Mountain Shadows Cable.
BACKGROUND
The existing cable television franchises were originally written in 1967 and 1984.
This will be the first update since that time. The existing franchises have
changed hands from one cable operator to another over that time period.
Adelphia and Charter have upgraded their cable plants to a hybrid fiber optic
system and are providing full digital cable and some HDTV program services. In
addition to this, both cable providers offer Broadband High-Speed Internet
access. Due to its limited size, Mountain Shadows Cable has not yet upgraded
their system; however, satellite services have been added to their operation.
The current franchise fee rate is 5%, the maximum allowed by the FCC under
current law. Rate regulation is nonexistent as a result of deregulation of cable
rates in March of 2000. The FCC regulatory language in the existing franchises
will be updated in conjunction with the franchise renewal documents.
The franchise extension is being requested to allow time to finalize ongoing
renewal negotiations with the Cable Companies.
FINANCIAL IMPACT
None.
RECOMMENDATION
Adopt Resolution.
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE
WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN
MOUNTAIN SHADOWS CABLE.
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WHEREAS, Adelphia Communications, Charter Communications, and Mountai
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Shadows Cable (hereinafter referred to as the Cable Companies) are duly authorized to operat
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cable television systems in the City of San Bemardino pursuant to Franchise Agreements grante
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by the City of San Bernardino.
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WHEREAS, the Cable Companies have requested that the Franchises they hold t
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provide cable television service in the City of San Bernardino be renewed; and
WHEREAS, the Franchise rights granted under the respective Franchise Agreement
expired on December 31, 2003; and
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WHEREAS, the City and the Cable Companies are currently in the Franchise renewa
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process; and
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WHEREAS, an extension of an existing franchise while negotiating a new Franchise i
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not uncommon among California municipalities; and
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WHEREAS, the City is willing to grant an additional extension of the current Franchise
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for ninety days while it considers the renewal request, if the Cable Companies agree to abide b
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the terms and conditions of the existing Franchises during any such extension,
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE
WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN
MOUNTAIN SHADOWS CABLE.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO
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COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
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SECTION I. The Franchise rights granted to Adelphia Communications under the
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Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Charte
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Communications under the Franchise Agreement dated November 12, 196 I under the authorit
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of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement date
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October 25, 1983 under the authority of Ordinance MC 3 I 9 are hereby extended ninety (90) day
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from the date of this Resolution under the existing terms and conditions, subject to the condition
below.
SECTION 2. Under the extension granted herein, the Cable Companies shall b
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obligated to perform and comply with all terms, conditions, requirements, and limitation
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contained in their Franchise Agreements.
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SECTION 3. The Mayor is hereby delegated the authority to extend the Franchis
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Agreements for up to and including an additional ninety (90) days. In no case shall th
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Agreements be extended for more than one-hundred and eighty (180) days from the date of thi
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Resolution.
SECTION 4. This Resolution shall take effect upon its adoption.
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I I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE
2 I WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN
MOUNTAIN SHADOWS CABLE.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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Common Council of the City of San Bernardino at a
meeting thereof
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The foregoing Resolution is hereby approved this _ day of
,2004.
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JUDITH VALLES, Mayor
City of San Bernardino
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Approved as to form and
legal content:
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