HomeMy WebLinkAbout2006-67 - CoxCom Non-Exclusive Cable System FranchiseRESOLUTION NO. 2006- 67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENTION TO
CONDUCT A PUBLIC HEARING TO CONSIDER THE
GRANTING OF A NON - EXCLUSIVE CABLE SYSTEM
FRANCHISE TO COXCOM INCORPORATED
WHEREAS, the City Council finds and determines that providing cable service
within the City is a vital public service and is a matter of great public concern because
cable providers use the public right -of -way, provide Public, Educational, and
Governmental ( "PEG ") access within the franchise area, and collect personal information
regarding subscribers creating a need to protect the rights of subscribers; and,
WHEREAS, non - exclusive franchises for use of the public right -of -way to provide
cable services will promote the public health, safety, and welfare by promoting
permanence and stability among those businesses wishing to provide such service and
accountability to the City for compliance with current and future state and federal
mandates; and,
WHEREAS, pursuant to Article XIII of the City Charter and pursuant to Newport
Beach Municipal Code section 5.44.030, the City is authorized to grant a franchise to
provide cable service with private cable service providers; and,
WHEREAS, CoxCom Incorporated ( "Cox ") has requested a non - exclusive
franchise to provide cable service.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: A public hearing shall be conducted on July 25, 2006, at 7:00 p.m.,
or as soon thereafter as practical, in the City Council Chambers, 3300 Newport
Boulevard, Newport Beach, California, to consider the granting of a franchise to Cox
pursuant to the following terns and conditions:
a. Franchise effective date: The franchise will be effective upon approval of the
City Council.
b. Franchise fee: Five percent (5 %) of gross annual revenue.
c. Grant: Sixty dollars ($60.00) per basic service tier subscriber of Cox in the
City as of the effective date with an additional grant of thirty dollars ($30.00)
per basic tier subscriber located in newly constructed units as of January 1,
2010.
d. Term of Franchise: From the effective date to April 11, 2011 with an option to
extend the initial term for seven (7) years to April 1, 2018.
e. PEG access: Three (3) PEG channels with the option to increase the number
of channels up to five (5) PEG channels depending upon demand.
f. Letter of credit: Seventeen dollars and twenty five cents ($17.25) per
subscriber, but not less than one hundred thousand dollars ($100,000.00).
g. Laws: Franchisee shall comply with all State, Federal laws and regulations,
terms and conditions of the franchise agreement, and City Charter and
Municipal Code.
Section 2: The City proposes to offer a non - exclusive cable service franchise to
Cox which is presently licensed and permitted to conduct business in the City. Persons
who have an interest in or objection to the proposed franchise may appear before the
City Council and be heard on the date and time listed above.
Section 3: This Resolution of Intention shall be published in the City's official
newspaper within fifteen (15) days of its adoption and at least ten (10) days prior to July
25, 2006. A
ADOPTED this 11th day of July, 2006.
ATTEST:
'°(% M, .
City Clerk
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
ss.
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2006 -67 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
11th day of July 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Daigle, Nichols, Mayor Webb
Noes: None
Absent: Ridgeway
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affied the
official seal of said City this 12th day of July 2006.
City Clerk
fi O� Ne�� Newport Beach, California
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