HomeMy WebLinkAbout16-Cable Television
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CATV
Date: July 15, 2004
ORIG\NAl
Subject: Resolution granting an
extension of the cable franchises with
Adelphia Communications, Charter
Communications, and Mountain
Shadows Cable
From: Lori Sassoon, Acting Cable
Television Manager __
MICC Meeting Date: August 2, 2004
Synopsis of Previous Council Action:
January 20, 2004 - Resolution 2004-18 is adopted, extending franchise rights for 180
days from the date the resolution was adopted
Recommended Motion:
Adopt resolution.
(OJ .~
Signature
Contact person: Inri !=:<lc:c:nnn
Phone:
5122
Supporting data attached:
st::Jff report
Ward:
all
FUNDING REQUIREMENTS: Amount: none
Source: (Acct. No.)
(A~~t niOoc:,..rirtinn)
Finance:
Council Notes:
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Agenda Item No. ~
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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 City's cable television franchises were originally written in 1967 and 1984. Since
that time, the existing franchises have changed hands from one cable operator to the
other. The franchises had not be revisited since 1984 until franchise negotiations began
in early 2003.
In January 2004, Mayor and Council adopted Resolution 2004-18. That resolution
extended the current franchise agreements with the cable companies for 180 days from
the date the resolution was adopted. That new expiration date was July 8, 2004.
Franchise negotiations have not yet been completed, necessitating extension of the current
franchises for an additional 90 days. The proposed resolution will also allow the Mayor
to extend the franchises by another 90 days if necessary. In addition, it is anticipated that
an update to the City's cable television ordinance will also be completed so that the
ordinance reflects current federal regulations.
It is anticipated that both the ordinance update and new franchises will be completed
within the next several months.
FINANCIAL IMPACT
None by this action
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, A
MOUNTAIN SHADOWS CABLE.
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WHEREAS, Adelphia Communications, Charter Communications, and Mountai
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Shadows Cable (hereinafter "the Cable Companies") are duly authorized to operate cabl
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television systems in the City of San Bernardino pursuant to Franchise Agreements granted b
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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 they were renewed by Resolution No. 2004-18 on Janu
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20,2004; 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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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO
COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. The Franchise rights granted to Adelphia Communications
Franchise Agreement dated May 12,1980 under the authority of Ordinance No. 3934, to Chart
Communications under the Franchise Agreement dated November 12, 1961 under the authorit
of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement dat
October 25, 1983 under the authority of Ordinance MC 319, as extended by Resolution 2004-1
are hereby extended ninety (90) days from the date of this Resolution under the existing term
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and conditions, subject to the conditions below.
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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
contained in their Franchise Agreements.
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 ofthi
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Resolution.
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SECTION 4. This Resolution shall take effect upon its adoption.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISES WITH
2 ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AND MOUNTAIN
SHADOWS CABLE.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
COUNCIL MEMBERS:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2004.
JUDITH VAlLES, Mayor
City of San Bernardino
Approved as to
22 Form and legal content:
23 JAMES F. PENMAN,
City Attorney
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