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HomeMy WebLinkAbout24-Telecommunications .. , . . 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. ~ 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 1u;!oy .. . . 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. ~ e2 e13 ]4 e25 r cco~v 3 RESOLUTION NO. 4 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. 5 6 7 WHEREAS, Adelphia Communications, Charter Communications, and Mountai 8 Shadows Cable (hereinafter referred to as the Cable Companies) are duly authorized to operat 9 cable television systems in the City of San Bemardino pursuant to Franchise Agreements grante 10 by the City of San Bernardino. II WHEREAS, the Cable Companies have requested that the Franchises they hold t 12 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 15 WHEREAS, the City and the Cable Companies are currently in the Franchise renewa 16 17 process; and 18 WHEREAS, an extension of an existing franchise while negotiating a new Franchise i 19 not uncommon among California municipalities; and 20 WHEREAS, the City is willing to grant an additional extension of the current Franchise 21 for ninety days while it considers the renewal request, if the Cable Companies agree to abide b 22 the terms and conditions of the existing Franchises during any such extension, 23 24 -1- Yet; r~1 11Z1>;i _I 2 _13 14 21 22 23 /II 24 11/ e25 11/ r 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. 3 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO 5 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 6 SECTION I. The Franchise rights granted to Adelphia Communications under the 7 8 Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Charte 9 Communications under the Franchise Agreement dated November 12, 196 I under the authorit 10 of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement date 11 October 25, 1983 under the authority of Ordinance MC 3 I 9 are hereby extended ninety (90) day 12 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 15 obligated to perform and comply with all terms, conditions, requirements, and limitation 16 contained in their Franchise Agreements. 17 SECTION 3. The Mayor is hereby delegated the authority to extend the Franchis 18 Agreements for up to and including an additional ninety (90) days. In no case shall th 19 Agreements be extended for more than one-hundred and eighty (180) days from the date of thi 20 Resolution. SECTION 4. This Resolution shall take effect upon its adoption. -2- , e 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. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 Common Council of the City of San Bernardino at a meeting thereof 18 19 The foregoing Resolution is hereby approved this _ day of ,2004. 20 2] JUDITH VALLES, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 24 e25 -3-