HomeMy WebLinkAbout2006-441RESOLUTION NO. 2006-441
RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISES WITH
TIME WARNER, NEW YORK, LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER
CABLE, INC., CHARTER COMMUNICATIONS, AND MOUNTAIN SHADOWS CABLE.
WHEREAS, Time Warner, New York, LLC, an indirect subsidiary of Time Warner
6 Cable, Inc., Charter Communications, and Mountain Shadows Cable (hereinafter "the Cable
7 Companies") are duly authorized to operate cable television systems in the City of San Bernardino
8 pursuant to Franchise Agreements granted by the City of San Bernardino; and
9 WHEREAS, the Cable Companies have requested that the Franchises they hold to
10 provide cable television service in the City of San Bernardino be renewed; and
11 WHEREAS, the Franchise rights granted under the respective Franchise Agreements
12 expired on December 31, 2003; and they were renewed by Resolution No. 2004-18 on January 20,
13 2004; by Resolution No. 2004-249 on August 2, 2004; by Resolution No. 2005-14 on January 24,
14 2005; and by Resolution No. 2005-236 on July 18,2005; by Resolution No. 2006-1 on January 9,
15 2006; and by Resolution No. 2006-173 on June 18, 2006; and
16 WHEREAS, the Franchise rights granted to Time Warner, New York, LLC, an indirect
17 subsidiary of Time Warner Cable, Inc. dated February 21, 1997, under the authority of Ordinance
18 MC990, will expire on February 25, 2007; and
19 WHEREAS, the City and the Cable Companies have been in the Franchise renewal
20 process until recently, when the State's passage of AB 2987, the Digital Infrastructure and Video
21 Competition Act of 2006, has made it unlikely that the parties will agree to a new Franchise before
22 January 2,2008; and
23 WHEREAS, a state franchise issued to any incumbent cable operator shall not become
24 operative prior to January 2,2008; and
25 WHEREAS, pursuant to Section 5930(b) of Division 2.5 of the Public Utilities Code,
26 when an incumbent cable operator is providing service under an expired franchise or a franchise that
27 expires before January 2, 2008, the local entity may extend that franchise on the same terms and
28 conditions through January 2, 2008; and
TimeWamerCable.Reso
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISES WITH
2 TIME WARNER, NEW YORK, LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER
CABLE, INC., CHARTER COMMUNICATIONS, AND MOUNTAIN SHADOWS CABLE.
3
4 WHEREAS, the City is willing to grant an additional extension of the current Franchises
5 through January 2,2008, if the Cable Companies agree to abide by the terms and conditions of the
6 existing Franchises during any such extension;
7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
8 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
9 SECTION 1. The Franchise rights granted to Time Warner, New Yark, LLC, an indirect
10 subsidiary of Time Warner Cable, Inc. under the Franchise Agreement dated May 12, 1980 under
11 the authority of Ordinance No. 3934, to Time Warner, New York, LLC, an indirect subsidiary of
12 Time Warner Cable, Inc. dated February 21, 1997, under the authority of Ordinance MC 990, to
13 Charter Communications under the Franchise Agreement dated November 12, 1961 under the
14 authority of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement
15 dated October 25,1983 under the authority of Ordinance MC 319, are hereby extended through
16 January 2,2008, from the date of this Resolution under the existing terms and conditions, subject
17 to the conditions below.
18 SECTION 2. Under the extension granted herein, the Cable Companies shall be obligated
19 to perform and comply with all terms, conditions, requirements, and limitations contained in their
20 Franchise Agreements.
21 SECTION 3. This Resolution shall take effect upon its adoption.
22 I I I
23 I I I
24 I I I
25 /II
26 /II
27 I I I
28 III
TimeWarnerCable.Reso
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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 TIME WARNER, NEW YORK, LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER
CABLE, INC., 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 Joint regular meeting thereof, held on
the 18th day of December , 2006 by the following vote, to-wit:
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COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
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ESTRADA -L
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BAXTER -----X-
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BRINKER -----X-
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DERRY -----X-
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KELLEY ----X-
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JOHNSON ----X-
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MC CAMMACK -----X-
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The foregoing resolution is hereby approved this .,;M;:;"'4Jayof December , 20~
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19 ayor
20 Approved as to form:
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TimeWamerCable.Reso 3