HomeMy WebLinkAbout03 - Adelphia & Cox Cable Communications Non-exclusive Franchise AgreementsCITY OF NEWPORT BEACH November 27, 2001
CITY ATTORNEY'S OFFICE Agenda Item 3
TO MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: ROBIN L. CLAUSON, ASSISTANT CITY ATTORNEY
RE ORDINANCE EXTENDING NON - EXCLUSIVE
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FRANCHISES WITH ADELPHIA & COX CABLE
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COMMUNICATIONS
The Ad Hoc Telecommunications Committee was formed by the City Council to review
City franchise agreements for cable television and to prepare for negotiations to renew
the City's current franchises with Cox Communications and Adelphia Cable
Communications. The Telecommunications Committee has been reviewing its options for
future franchise negotiations and anticipates that a recommended selection for a
consultant will be brought to the City Council at its December 11' meeting.
However, both the cable franchises will expire on January 27, 2002. At its November 19,
2001, meeting, the Ad Hoc Telecommunications Committee unanimously recommended
that the City Council adopt the attached ordinance to extend both cable franchises for one
year. The Telecommunications Committee has adopted a work schedule that will
accomplish the negotiation so that a new cable franchise ordinance can be brought to the
City Council prior to January 2003.
RECOMMENDATION:
It is recommended that the City Council approve first reading and pass to second reading
and adoptio at the City Council's next regularly scheduled meeting.
Robin L. Clauson,
Assistant City Attomey
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Attachments
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ORDINANCE NO. 2001-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 4 OF
ORDINANCE NOS. 1196 AND 1997 TO EXTEND NON-
EXCLUSIVE FRANCHISES WITH ADELPHIA CABLE
COMMUNICATIONS AND WITH COX COMMUNICATIONS
THIS ORDINANCE is made with respect to the following:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments within
Ordinances No 1365 and 91-43, the City of Newport Beach entered into a cable
television franchise agreement ( "Franchise Agreement') with Adelphia Cable
Communications and its predecessor companies, Comcast Cablevision, Newport
Beach Cablevision Incorporated, and Warner Brothers TV Service, Incorporated on or
about December 7, 1966. The Franchise Agreement will expire on January 27, 2002;
and
WHEREAS, by approving Ordinance No. 1196 and its later amendments within
Ordinances No. 1891 and 91-42, the City of Newport Beach entered into a cable
television franchise agreement ( "Franchise Agreement ") with CoxCom, Incorporated
(dba Cox Communications) and its predecessor companies, Dimension Cablevision
and Community Cablevision, on or about December 7, 1966. The Franchise
Agreement will expire on January 27, 2002; and
WHEREAS, City and Adelphia and the City and CoxCom desire to extend each
respective Franchise Agreement for one year to allow for additional time for
negotiations to consider the renewal of each Franchise Agreement.
NOW THEREFORE the City Council of the City of Newport Beach does ordain as
follows:
SECTION 1: Section 4 of Ordinance No. 1196 is hereby amended to read as follows:
(a) This Franchise commenced January 27, 1967 and shall terminate on January
27, 2003.
SECTION 2: Section. 4 of Ordinance No. 1197 is hereby amended to read as follows :
(a) This Franchise commenced January 27, 1967 and shall terminate on January
27, 2003..
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SECTION 3: This extension of Franchise shall not become effective until written
acceptance in the form attached to Ordinance as Exhibit "A" and Exhibit "B" has been
fully executed and filed with the City Clerk within 10 days after the adoption of this
Ordinance.
SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 27' Day of November, 2001, and was adopted on the 11'
Day of December, 2001, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
Mayor
ATTEST:
LaVonne Harkless; City Clerk
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IPA
FRANCHISE EXTENSION AGREEMENT
BETWEEN
THE CITY OF NEWPORT BEACH
AND
ADELPHIA CABLE COMMUNICATIONS
This Franchise Extension Agreement is entered into between the City of Newport
Beach and Century-TCI California LP, dba Adelphia Cable Communications
( "Adelphia") this 11' Day of January, 2002, with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments within
Ordinances No 1365 and 91-43, the City of Newport Beach entered into a cable
television franchise agreement ( "Franchise Agreement') with Adelphia Cable
Communications and its predecessor companies, Comcast Cablevision, Newport
Beach Cablevision Incorporated, and Warner Brothers TV Service, Incorporated on or
about December 7, 1966. The Franchise Agreement will expire on January 27, 2002;
and
WHEREAS, City and Adelphia desire to extend the Franchise Agreement for one year
to allow for additional time for negotiations to consider the renewal of the Franchise
Agreement.
NOW THEREFORE, the Parties agree as follows:
1. The Franchise Agreement shall be extended to January. 27, 2003. During said
extension, the terms and conditions of the current Franchise Agreement shall remain in
full force and effect without modification.
2. Both parties hereby reserve all rights under applicable provisions of the Cable
Communications Policy Act of 1984 (The "Cable Act"), including without limitation
Sections 626 and 635. Nothing herein shall be deemed or construed as a waiver,
release or surrender of any right that either party may have under the Cable Act or any
applicable law. Nothing herein shall waive, release or otherwise relieve the Operator,
or any predecessor thereof, from any Franchise Agreement breaches or violations, if
any exist, or other violations of law, if any, and the grant of this Franchise Agreement
extension shall not be utilized by the operator for any purpose other than to extend, and
document the extension, of the Franchise Agreement through January 28, 2003.
EXHIBIT °A" 1
IN WITNESS WHEREOF, the parties hereto have caused this franchise Extension
Agreement to be executed in duplicate on the date and year first written herein.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
City Attorney
CITY OF NEWPORT BEACH: CENTURY -TCI CALIFORNIA L.P. d /b /a/
ADELPHIA CABLE COMMUNICATIONS
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EXHIBIT "A" 2
FRANCHISE EXTENSION AGREEMENT
BETWEEN
THE CITY OF NEWPORT BEACH
AND
COXCOM INCORPORATED
This Franchise Extension Agreement is entered into between the City of Newport Beach
and CoxCom, Incorporated, dba Cox Communications Orange County ( "Cox ") this 11th
Day of January, 2002, with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 1196 and its later amendments within
Ordinances No. 1891 and 91-42, the City of Newport Beach entered into a cable
television franchise agreement ( "Franchise Agreement ") with CoxCom, Incorporated
(dba Cox Communications Orange County, a wholly -owned subsidiary of Cox
Communications, Inc., a Delaware Corporation.) and its predecessor companies,
Dimension Cablevision and Community Cablevision, on or about December 6, 1966.
The Franchise Agreement will expire on January 27, 2002; and
WHEREAS, City and Cox desire to extend the Franchise Agreement for one year to
allow for additional time
Agreement.
for negotiations to consider the renewal of the Franchise
NOW THEREFORE, the Parties agree as follows:
The Franchise Agreement shall be extended to January 28, 2003. During said,
extension, the terms and conditions of the current Franchise Agreement shall remain in
full force and effect without modification.
2. Both parties hereby reserve all rights under applicable provisions of the Cable
Communications Policy Act of 1984 (The "Cable Act"), including without limitation
Sections 626 and 635. Nothing herein shall be deemed or construed as a waiver,
release or surrender of any right that either party may have under the Cable Act or any
applicable law. Nothing herein shall waive, release or otherwise relieve the Operator, or
any predecessor thereof, from any Franchise Agreement breaches or violations, if any
exist, or other violations of law, if any, and the grant of this Franchise Agreement
extension shall not be utilized by the operator for any purpose other than to extend, and
document the extension, of the Franchise Agreement through January 28, 2003.
Exhibit "B"
IN WITNESS WHEREOF, the parties hereto have caused this franchise Extension
Agreement to be executed in duplicate on the date and year first written herein.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
City Attorney
CITY OF NEWPORT BEACH: COXCOM, INCORPORATED d /b /a/
COX COMMUNICATIONS ORANGE COUNTY
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Exhibit "B"
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