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CT1-Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman Subject: Resolution approving a Tolling Agreement
between the City of San Bernardino and TCI
Dept: City Attorney Cablevision of California to provide Cable
/NAL Service to Residents of San Bernardino
01,21;,
Date: October 2, 1996
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt Resolution.
Signature
Contact person: Stacey R. Aldstadt Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Res 96- %�j,,� A
75-0262 Agenda Item No.
STAFF REPORT
Council Meeting Date:
TO: Mayor and Common Council
FROM: Stacey R. Aldstadt, Deputy City Attorney
DATE: October 2, 1996
AGENDA ITEM:
TCI Cablevision of California, Inc. is the current holder of a cable franchise within the City
of San Bernardino. TCI has approximately 200 cable subscribers in the City of San Bernardino.
TCI's cable franchise will expire on or about October 8, 1996.
In accordance with the provisions of the Cable Communications Policy Act of 1984,a federal
statute governing renewal of cable franchises, TCI had the right to demand renewal negotiations,
which they did in a timely fashion. However, due to changes in personnel, both with TCI and the
City,the informal renewal negotiations which had been progressing well were not completed prior
to the expiration date for the franchise. It now appears that TCI and the City will be able to conclude
informal negotiations to arrive at a new franchise agreement; however, in the interim, TCI and the
City do not want to lose any rights which they may have under the Cable Communications Policy
Act.
TCI has proposed that both parties enter into a Tolling Agreement, which would have the
practical effect of extending the prior franchise agreement from October 8, 1996 through December
31, 1996, so that the parties may continue negotiations for a new franchise agreement
Staff recommends that the Mayor be authorized to sign the Tolling Agreement on behalf of
the City of San Bernardino.
SRA:me[tcicc.repl
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TOLLING AGREEMENT
between
THE CITY OF SAN BERNARDINO, CA
and
TCI CABLEVISION OF CALIFORNIA, INC.
In consideration of the mutual convenants and agreements contained herein, the City of San
Bernardino, California ("San Bernardino") and TCI Cablevision of California, Inc. ("TCI") agree
as follows:
1. TCI provides cable service to the citizens of San Bernardino.
2. San Bernardino and TCI desire to continue negotiations regarding the possible
extension, renewal or grant of a cable service franchise to TCI and to defer legal proceedings
or other actions by either party during the pendency of such negotiations. Except as expressly
provided herein, neither San Bernardino nor TCI waive, will be deemed to have waived, or shall
be estopped from asserting any rights relating to those matters set forth in paragraph 3 below
due to the execution of this Agreement.
3. San Bernardino and TCI agree that, prior to December 31, 1996, they shall not file any
action on their own behalf or as part of a class action in any court of competent jurisdiction or
administrative agency asserting claims or defenses arising from or relating to TCI's continued
operation of a cable system within San Bernardino, its provision of the cable services to its
customers, or its commencement of renewal proceedings. San Bernardino further agrees that
during this time period, it will not undertake any hearings or make any findings with respect to
any such matters.
4. San Bernardino and TCI agree that any applicable statute of limitations or other repose
relating to the judicial or other review of any activities of the parties with respect to matters
discussed in paragraph 3 above, including those contained in Sections 626 and 635 of the
Cable Communications Policy Act of 1984, 47 U.S.C.A. §§ 546 and 555, shall be tolled. Any
claims, defenses or actions which could have been asserted with respect to such matters shall
be legally preserved.
5. For the purpose of this Agreement, the term "TCI" includes TCI's affiliates, subsidiaries,
successors, assigns and beneficiaries, including those claiming under and through it, and the
term "San Bernardino" includes San Bernardino's successors, assigns and beneficiaries,
including those claiming under and through it.
THIS AGREEMENT is made and entered into this 7th day of October, 1996.
CITY OF SAN BERNARDINO, CA TCI CABLEVISION OF CALIFORNIA, INC.
By: By:
Its: Its: