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HomeMy WebLinkAbout2953 RESOLUTION NO. ,~ &i.~ 3 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 Comcast. WHEREAS, Comcast of Washington IV, Inc. currently provides cable services in the City of Bremerton pursuant to a franchise agreement authorized by Ordinance No. 4598 which expires on August 21,2007; and WHEREAS, Comcast of Washington IV, Inc. is wholly owned by Comcast Cable Communications Holdings, Inc. and are together also known as Comcast; 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 provides that, during the six-month period which begins with the 36 months before franchise expiration, the franchising autnority shall, at the request of the cable operator, 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, in a letter (Exhibit A) to the City of Bremerton dated September 22, 2004, Comcast 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. Comcast's September 22,2004, 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 areas appropriate notice and participation for the purpose of identifying future cable- related community needs and interests, and reviewing the performance of the cable operators under the franchises during the current franchise term. SECTION 4. Pursuant to the requests by Comcast the Mayor or his designated representative is authorized to study the feasibility of an informal franchise renewal process pursuant to Section 626(h) ofthe 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. Severability. 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. PASSED by the City Council of the City of Bremerton, Washington this~ day of ~p(}J~ Q J..Q, 2005. V~~~ DAREN NYGREN, COUll 1 eSldent APPROVED AS TO FORM: R:\LEGAL\Departments-General\Administrative Svcs\cable franchise renewal resolution.DOC 2 Cable Franchise Renewal Proceedings @omcast@ Comcast Cable Communications, Inc. 440 Yauger Way SW Olympia, WA 98502-i1t E eEl V E September 22, 2004 SEP 2 7 2004 CERTIFIED MAIL - RETURN RECEIPT REQUESTED OFFICE OF THE CITY CLERK Ms. Paula Johnston City Clerk City ofBremerton 239 - 4 th Street Bremerton, WA 98337 Subject: FRANCHISE RENEWAL Dear Ms. Johnston: We at Comcast appreciate the opportunity to serve the citizens ofBremerton. It is our credo that we will be the company to look to first for the communications products and services that connect people to what's important in their lives. In living our credo, we look forward to providing broadband services to our customers in Bremerton for many years to come. Therefore, we are taking this step to ensure the renewal of our franchise with you. The Cable Communications Policy Act of 1984 ("the 1984 Cable Act") encourages franchisors and cable operators to reach renewal agreements at any time through an informal process of discussion. However, Section 626 of the 1984 Cable Act also provides for commencement ofa formal renewal procedure. To preserve our statutory rights to this formal procedure, this letter is our official notice .to.yo.uoinvoking that provision. This letter is not intended to introduce a new formality into our discussions, nor is that the intention ofthe 1984 Cable Act. In fact, we prefer to reach a mutually satisfactory agreement through informal negotiations, thus making many ofthe 1984 Cable Act's formal procedures unnecessary. I will be happy to discuss this matter with you, or provide any additional information that you may require. I look forward to meeting with you in the near future and to continuing a relationship that, we believe, benefits both the community and the residents ofBremerton. Sinc~~elY~ ; '''-'' ) ,.' -~:rFinl~~"';~ Director, Franchising and Government Affairs cc: Brad Dusto, Mountain Division President Deborah Luppold, Mountain Division Vice President of Government Affairs Sheila WillanFSenior Vice President of Government Affairs , EXHIBIT A