HomeMy WebLinkAboutResolution 2997
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:
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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
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Cable Franchise Renewal Proceedings