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HomeMy WebLinkAbout2997 RESOLUTION NO. a'l 'I, A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing commencement of cable franchise contract renewal proceedings in accordance with the provisions of the 1984 Cable Act and written requests from Wave Broadband. WHEREAS, WaveDivision Holdings, LLC d/b/a Wave Broadband ("Wave") currently provides cable services in the City of Bremerton pursuant to a franchise agreement authorized by Ordinance No. 4635, and amended by Resolutions 2724 and 2905, which expires on December 8, 2008; and WHEREAS, Section 626 of the Cable Communications Policy Act of 1984 (Cable Act) 47 USC 9546, establishes both formal and informal procedures that govern the franchise renewal process; and WHEREAS, the City of Bremerton is the franchising authority for cable services within its city limits; and WHEREAS, Section 626(a) of the Cable Act allows a cable operator to request that the franchising authority commence proceedings which afford the public in the franchise area appropriate notice and participation, for the purpose of identifying the future cable-related community needs and interests and reviewing the performance of the cable operator under the franchise during the then current franchise term; and WHEREAS, Section 626(a) of the Cable Act requires that the cable operator make a request for the above referenced proceedings during the six month period which begins with the 36th month before the franchise expiration; and WHEREAS, Section 626(a) of the Cable Act requires that the franchising authority commence such proceeding not later than six months after the date such request is made; and WHEREAS, in a letter (Exhibit A) to the City of Bremerton dated March 20, 2006, Wave formally requested that the City commence formal renewal proceedings in accordance with the requirements of Section 626( a-g) of the Cable Act but also indicated its desire to reach a mutually satisfactory franchise renewal agreement with the City through informal negotiations as per Section 626 (h) of the Cable Act; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Cable Franchise Renewal Proceedings SECTION 1. Wave's March 20, 2006 letter formally requesting the commencement of renewal proceedings under Section 626 of the Cable Act was submitted in a timely manner and is hereby acknowledged. SECTION 2. The Mayor or his designated representative is authorized to implement the necessary processes and procedures to enable the City to comply with all of its obligations under Section 626 of the Cable Act. SECTION 3. The City hereby commences proceedings to afford the public in the franchise area appropriate notice and participation for the purpose of identifying future cable- related community needs and interests, and reviewing the performance of the cable operator under the franchise during the current franchise term. SECTION 4. Pursuant to the request by Wave, the Mayor or his designated representative is authorized to commence an informal franchise renewal process pursuant to Section 626(h) of the Cable Act, while reserving the City's right to implement the formal processes outlined by Section 626(a-g) of the Cable Act. SECTION 5. Severa b ilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. P SSED by the City Council of the City of Bremerton, Washington this J-:pt;/tJlayof ,2006. ~~~eSident APPROVED AS TO FORM: ATTEST: R:\Legal\Legal\Resolutions\Finance\ Wave cable franchise renewal 4-26-06 Final.DOC 2 Cable Franchise Renewal Proceedings .. /1...'V...' . ,1.. " 8M BROADBAND VIA CERTIFIED MAIL / RETURN RECEIPT REOUESTED March 20,2006 Paula Johnson City Clerk City of Bremerton 345 6th S1. Suite 600 Bremerton, WA. 98337-1873 Re: WaveDivision Holdings, LLC d/b/a Wave Broadband ("Wave") / City of Bremer ton, W A. -- Request for Cable Television Franchise Renewal Ms. Johnson; Our records indicate that the cable television franchise ordinance issued by the City of Bremerton and held by Wave will expire on Dec. 8, 2008. We are writing you now, 32 months in advance of the fraIlchiseexpiration date, to notify you of Wave's desire to renew the fi'anchise and to request that. formal franchise renewal proceedings be commenced pursuant to Section 626(a).of the Cable Communications Policy Act of 1984,47 U.S.c. S 546 (the "Cable Act"). . We also request that the City of Bremerton enter into informal renewal discussions withW ave pursuant to Section 626(h) of the Cable Act. In our experience, virtually all franchise renewals are completed through informal negotiations. During our informal renewal discussions, the fonnal procedures of the Cable Act will be held in abeyance. By electing to move forward with informal renewal negotiations, however, neither Wave nor the City of Bremerton waives any of their respective rights under the Cable Act and either may request that formal renewal negotiations be re-commenced at any time. We ask that you send to us any community needs assessments relating to cable television services that have been completed by the City. We will forward to you shortly Wave's proposal for the renewal of the franchise. In the meantime, if you have any questions, please do not hesitate to call me. We look forward to a speedy and cooperative renewal process and to continuing to provide quality cable television service to our subscribers in the City ofBremerton. 1Z::;~~Y77$d{ ~~~~~:1718. .. ... · , VP Western Regi()ri ., Wave Broadband {00226318.DOC; I} EXHIBIT A E o U "0 c: co .0 "0 co o .D w >. co ~. ~ ~ co ~ "? r-- co 6 <.0 (V") X ':.~.. c;:;:. N c;:; cO N q> <.0 <.0 "i' (V") N W >. .<:( $: c.b .<.0 "i' ~ <.0 <.0 (V") co cr:> ~ 1:' co ..c: u o t o a... B I ..Q! ~ u.i ui cr:> ;r; '<I"