HomeMy WebLinkAboutCC AG PKT 2007-12-10 # X
e
AGENDA REPORT
DATE:
December to, 2007
TO:
Honorablc Mayor and Members of the City Council
THRU:
David N. Carmany. City Manager
FROM:
-June Y otsuya, Assistant City Manager
SUBJECT:
Adoption of Resolution Re: Cable Franchise Extension
SUMMARY OF REQUEST:
After holding a public hearing to receive comments regarding Time Warner Cable, City Council
is requested to approve a resolution extending the term of the nonexclusive cable television
franchise agreement between the City and Time Warner to January 2. 2008.
e DISCUSSION:
At its November 5, 2007 meeting. the City Council requested that a public hearing be held prior
to consideration of approval of a resolution to extend the term of the existing cable television
franchise agreement with Time Warner Cable until January 2. 2008. The non-exclusive cable
television franchise agreement is for open video service and does not govern any other non-video
services that the local cable provider may additionally provide to its customers such as internet
service. etc.
New law exists whereby the City will no longer be the franchising authority for cable television
and other video services in the State of California. Under the Digital Infrastructure and Video
Competition Act of 2006 (DIVCA). video service franchises are now granted exclusively by the
Public Utilities Commission (Commission) rather than the local franchising entities.
Although the City will no longer be the franchising authority. it will acquire certain rights and
responsibilities under DIVCA with respect to any holder of a state franchise (Holder). DIVCA
provides that these rights and responsibilities must be established by local ordinance before they
become effective and enforceable. At its last meeting. the City Council adopted an ordinance in
reference to local franchise fees. permitting of public rights-of-way, PEG access. federal and
state customer service standards and temporary dual franchising regimes.
e
Under DIVCA. a dual system exists which permits the City's current provider to continue to
operate under the City's franchising authority until at least January 2,2008. while all new
entrants will be able to receive state franchises from the Commission after April 1. 2008. The
Agenda Item X
e
e
e
December 10. 2007
City Council Agenda Report-Cable Franchise Extension to January 2, 2008
Page 2
City's current cable franchise expires on December 10. 2007. In view of the availability of a
state video franchise under DIVCA to the current provider. Time Warner, it is in the public
interest to preserve the current cable franchise terms until January 2008 or until Time Warner
converts to a new Holder under DIVCA. whichever may occur first. Time Warner has applied to
the State as a new Holder.
No action on the part of the City Council is considered silent consent and under federal and state
law, Time Warner may continue to provide cable service under its existing agreement until its
status change to a State Holder.
FINANCIAL IMPACT:
The recommended action does not impact current collection of franchise and PEG access fees
from the cable provider.
RECOMMENDATION:
Staff recommends that City Council approve Resolution Number 5616 extending the term of the
nonexclusive cable television franchise agreement between the City and Time Warner NY Cable,
LLC. dba Time Warner Cable, to January 2, 2008.
Submitted by:
NOTED AND APPROVED:
~...
J
David N. Carmany/city Manager
Attachment:
Resolution Authorizing Extension
e
RESOLUTION NUMBER 5616
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH EXTENDING THE TERM OF THE
NONEXCLUSIVE CABLE TELEVISION FRANCmSE
AGREEMENT BETWEEN THE CITY AND TIME
WARNER NY CABLE, LLC, dba TIME WARNER CABLE,
TO JANUARY 2. Z008
TIffi CITY COUNCIL OF THE CITY OF SEAL BEACH RESOLVES AS
FOLLOWS:
Section 1.
circumstances:
This resolution i, adopted in recognition of the following facts and
A. Time Warner NY Cable LLC is a wholly-owned ,ubsidiary of
Time Warner Cable ("Time Warner Cable") and IS the authorized transferee of a
nonexclu,ive Cable Television Franchi,e Agreement ("Franchi,e Agreement").
B. In accordance with the provi,ion, of the Franchise Agreement, the
Franchi,e Agreement will terminate on Decemher 10, 2007.
C. In view of the aVlllability to Time Warner Cable of a state video
franchi,e under the proVISion, of the Digital Infrastructure and VIdeo Competition Act of
2006 that became effective on January I, 2007, the City has detennined that the public
interest will best be served by extending the term of the Franchi,e Agreement until such
time as a renewed Franchise Agreement become, effective, or January 2, 2008,
whIchever may occur first
e
Section 2. The Franchise Agreement between lhe City of Seal Beach and
Time Warner Cable i, terminated on such date that a renewed Franchi,e Agreement
becomes effecl1ve. or on January 2, 2008, whichever may occur first, at which time the
Franchise Agreement i, terminated in its entirety.
Section 3. The City Council's adoption of this re,olution will not be deemed
to waive or alter any rights of renewal, whether formal or infonnal, that either party may
have under 47 U.S.C. Section 546.
Section 4. The City Clerk i, directed to certify to the passage and adoption of
thi, resolution and to lran,mit a copy of this re,olution to the Oi,trict Manager of Time
Warner Cable.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a regular
meeting held on the lOth day of December . 2007 by the following vote:
A YES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
e
ATTEST:
Mayor
City Clerk
Resolution Number 5616
.
STATE OF CALIFORNIA I
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH I
I, Unda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregoing resolubon IS the original copy of Resolubon Number 5616 on file in the
office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach at a regular meeting held on the 10th day of December. 2007.
<;ily Clerk
e
e