HomeMy WebLinkAbout04 - Cable TV Franchise Agreementsis
Agenda Item #4
January 13, 2004
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
EXTENDING NON - EXCLUSIVE FRANCHISES WITH ADELPHIA CABLE
COMMUNICATIONS AND WITH COX COMMUNICATIONS TO CONSTRUCT,
MAINTAIN, AND OPERATE COMMUNITY ANTENNA TELEVISION SYSTEMS
WITHIN THE CITY
THIS ORDINANCE is made with respect to the following:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments, 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, 2004; and
WHEREAS, by approving Ordinance No. 1196 and its later amendments, 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 6, 1966. The Franchise Agreement will expire on January 27, 2004;
and
WHEREAS, City and Adelphia and the City and CoxCom desire to extend each
respective Franchise Agreement for six (6) months 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:
(a) This Franchise commenced January 27, 1967 and shall terminate on July 27,
2004.
SECTION 2. Section 4 of Ordinance No. 1197 is hereby amended to read:
(a) This Franchise commenced January 27, 1967 and shall terminate on July 27,
2004.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 9t�' Day of December 2003, and was adopted on the 13th
day of January, 2004, by the following vote, to wit:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ATTEST:
LAVONNE HARKLESS, CITY CLERK
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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 day of , 2004, with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments, 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, 2004; and
10 WHEREAS, City and Adelphia desire to extend the Franchise Agreement for six
months 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 July 27, 2004. 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 resole 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
27, 2005.
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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: ADELPHIA CABLE COMMUNICATIONS:
TOD W. RIDGEWAY, Mayor
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FRANCHISE EXTENSION AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND
COXCOMINCORPORATED
This Franchise Extension Agreement is entered into between the City of Newport
Beach and CoxCom, Incorporated, dba Cox Communications ( "Cox ") this _ day
of , 2004 with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 1196 and its later amendments, 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 6, 1966. The Franchise Agreement will expire on January 27, 2004;
and
WHEREAS, City and Cox desire to extend the Franchise Agreement for six months
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 July 27, 2004. 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 resole 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
27, 2005.
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
TOD W. RIDGEWAY, Mayor
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, Assistant City Manager and Marilee Jackson, PIO
City Manager's Office
949 - 644 -3002
dkiff @city.newport- beach.ca.us or mvjackson @city.newport- beach.ca.us
SUBJECT: Ordinance Extending Non - Exclusive Cable TV Franchises With
Adelphia and Cox Communications
ISSUE:
Should the cable TV franchise agreements with Adelphia & Cox be extended for one
year to accommodate the completion of the franchise renegotiation process?
RECOMMENDATION:
1. Introduce Ordinance No. 2003 - extending the current franchise agreements
with Cox and Adelphia until January 27, 2005; and
2. Pass to second reading on January 13, 2004.
DISCUSSION:
Background:
In the 1960s, when the City of Newport Beach entered into two separate franchise
agreements with companies that provide cable television service, cities across the
nation had a significant amount of-say in cable companies' operations, including:
• Rates and rate increases
• Customer service standards
• Channel selections and placement
1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 2
Cities were able to dictate these aspects of cable companies' operations because the
cable companies used the public right -of -way to lay the cable "plant" (plant includes
coaxial cable, boxes in the rights -of -way, connections to homes, etc).
Federal law has changed significantly since the City adopted its franchise
agreements. The changes, in part, took away almost all of cities' regulatory abilities
relating to cable and moved them to the Federal Communications Commission
(www.fcc.gov). Today, several different laws, ordinances, and agreements direct our
decisions about cable television. These include:
• Three federal acts relating to Cable TV and Communications (1984 Cable Act,
1992 Cable Act, and 1996 Telecommunications Act);
• The NB Municipal Code (Chapter 5.44) and City Charter (Article XIII);
• Our Franchise Agreement with Adelphia Communications; and
• Our Franchise Agreement with Cox Community Cablevision.
The Effect of Changes in Law. It's important to remind the Council and Newport
Beach residents that:
• FCC regulates the rates, not the cities. The FCC alone has the power to
regulate rates and channel selections, with the lone exception of rate regulation
on the basic service tier of channels (typically Channels 2 -13 and PEG
channels). Cities can only regulate basic tier rate increases if fully certified by
the FCC to do so. Cable customers should note that cable companies rarely, if
ever, raise the rates on this tier - much more frequent are rate increases on the
larger (and unregulated) broadcast basic tier (Channels 14 -65 and up).
• Other tiers are generally unregulated. In March 1999, the FCC (generally)
deemed many cable systems subject to "effective competition" from satellite
dish services and removed almost all rate regulation from cable TV.
• Cable TV in Newport is not literally a monopoly. Cities like Newport Beach
have non - exclusive franchise agreements. Any cable provider can come into
the city limits, negotiate a franchise agreement, lay new cable, and compete
directly with either Cox or Adelphia. Similarly, Cox can attempt to compete
directly with Adelphia and vice - versa. But doing so requires significant
investment in new cable infrastructure, because each cable company owns the
cable in the ground (dnd on poles). Very few companies anywhere in the nation
"overbuild" other systems.
• Denial of renewal is extremely difficult and expensive. Cities cannot
typically deny a cable provider an opportunity to renew an existing franchise
agreement.
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1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 3
• Internet services are unregulated. Courts have ruled that the provision of
Internet service over cable is not a cable - related service and therefore not
subject to municipal regulation. Newport Beach can do very little to help cable
customers interact with their Internet Service Providers (ISPs).
Our Current Franchise Agreements. As noted, Newport Beach has a Cable TV
Ordinance and separate Franchise Agreements with Cox and Adelphia (see service
areas on map below). The Agreements have been extended several times:
ADELPHIA FRANCHISE AGREEMENT
• Agreement adopted December 1966 — 15 -year term (to 1981).
• Amended December 1970 — term reset again to 15 years (to 1986).
• Amended April 1986 — term extended by five years (to 1991)
• Amended October 1991 — term extended to January 27, 2002.
• Amended December 11, 2001 -- term extended to January 27, 2003.
• Amended January 27, 2003 -- term extended to January 27, 2004.
COX FRANCHISE AGREEMENT
• Agreement adopted December 1966 — 15 -year term (to 1981).
• Amended November 1981 —term extended for 10 years (to 1991).
• Amended October 1991 — term extended to January 27, 2002
• Amended December 11, 2001 -- term extended to January 27, 2003.
. • Amended January 27, 2003 — term extended to January 27, 2004.
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1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 4
• Formation of Telecom Committee. With the franchise agreements about to expire,
in November 2000, the City Council formed the Telecommunications Ad Hoc
Committee and directed it to address the following issues:
1. UPDATING THE CABLE TELEVISION ORDINANCE. We believed that the
City's municipal code chapter that relates to cable television required significant
amendments before the City can enter into any effective franchise agreements
with Adelphia and Cox.
2. UPDATING THE MUNICIPAL CODE AND ENACTING A COUNCIL POLICY
RELATING TO WIRELESS TELECOM. We believed that the City should adc
new section to the municipal code relating to telecommunication to effectively
address:
• Where to site new wireless facilities;
• Whether and where to use City -owned property or rights -of -way for wireless
facilities;
• What design and structural standards the City should apply to antennas,
whether placed on rights -of -way or public or private property;
• What fee should be levied for the use of the public property for antennas;
• How to effectively ensure that the City's emergency radio network is not
adversely impacted by siting activity.
The Wireless Telecom Ordinance is now Chapter 15.70 of the NBMC. Council
Policy L -23 (The Siting of Wireless Telecommunications Equipment on City -
Owned Land) governs City actions relating to the use of City property for
wireless telecom.
3. FRANCHISE RENEWAL NEGOTIATIONS. Given the pending expiration of the
two cable television franchise agreements, the Committee was tasked with
performing a community needs assessment and bringing to Council a Statement
of Minimum Goals. The latter was accomplished in April 2003.
The Telecom Committee includes Council members John Heffernan (Chair) and
Richard Nichols and community members Leslie Daigle and Don Boortz.
About the Current Cable TV Ordinance and the Charter. The Municipal Code
(Chapter 5.44 -- Community Antenna Television) relating to cable television is outdated.
It was first adopted in 1966 and has had little change since then, even as:
• Federal and state telecommunications and cable law dramatically changed;
• Technology dramatically changed (digital TV, satellite TV, cable- carried Internet,
pay - per -view, digital cable radio, fiber optic lines, telephony over cable, etc);
• The city saw a series of providers transfer their Franchise Agreements from one to
another via consolidations and sales;
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1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 5
• Adelphia filed for reorganization.
Currently, Chapter 5.44 of the NMBC and the City Charter speaks to the following
issues -- but please be aware that many have been pre - empted by changes in
federal law:
• Defines "gross annual receipts' as compensation resulting from the
operation of a cable N system in Newport Beach, but not the franchise fee
imposed by the City. In other words, a cable company's calculation of the
5% franchise fee cannot include the line item on the bill that charges the
franchise fee itself.
• Describes the process by which a cable company files a franchise
application with the City (along with a $1,000 franchise application fee).
• Directs the City to award a franchise with a term between 10 and 25 years.
To terminate a franchise prior to end -of -term, the City must find that a cable
company has "violated a material term or condition" of its franchise OR that
any part of Chapter 5.44 has become unenforceable and has materially
changed the franchise OR the City must acquire the cable N system.
• Allows the City to inspect the cable company's records at any time. .
• Empowers the City Manager to settle any controversy arising between the
cable company and the City or subscribers "in the best interests of the
public."
• Directs the City Council to set a franchise fee that is a percentage of the
cable company's gross annual receipts (paid to the City quarterly).
• Describes the proper operation of the "Newport Beach Community Channel"
which must be cablecast on the same channel number on all cable systems
in the City (NOTE: This does not occur today -- Cox uses Channel 3 for
system -wide programming and • places NB community programming on
The channel number can be designated by mutual agreement between the
franchisees. The Channel must include live broadcasts of all regular
meetings of the City Council, at least one re- broadcast of the meetings, and
up to 20 hours of community affairs programs per month as designated by
the City Manager. When the Channel is not broadcasting local origination
material, the cable company can run advertising that "promotes primarily
persons maintaining an office within the city..." The company can collect a
fee for ads on the Community Channel. •
1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 6
• • Requires the cable company to keep a toll -free phone number in the City as
well as a service and billing office within the main franchise area. Any
subscriber complaint must be addressed within 24 hours via correcting the
problem or scheduling a service call within 48 hours.
• Allows the City Council to review and approve all rates and charges for cable
services "to the extent permitted by State or Federal statutes."
• Allows the City Council to determine which franchisee serves a newly
annexed area, unless the area contains a completed or commenced cable
TV system. In the latter case, the area must be served by the company
owning the system.
The City Charters section on franchises (Article XIII) requires the City Council to
adopt franchises via ordinance and to hold a public hearing prior to granting a
franchise. It limits all franchise terms to 25 years or less if a determinate term is
stated. The Article allows indeterminate terms but specifies that the City may end the
franchise and possess the franchisee's property if the franchisee is out of compliance
with the franchise agreement (Section 1302).
Preparing a New Ordinance. Since at least Fall 2000, the City has retained William
• Marticorena of Rutan and Tucker to assist us in our telecommunications work. Mr.
Marticorena has extensive experience in all phases of franchise renewals and
ordinance amendments. Additionally, upon recommendation of the Telecom
Committee, we hired Sue Buske of the Buske Group to conduct a statistically valid
Cable Needs Assessment (CNA) to determine the community's desires and concerns
regarding cable TV (for more information about the Assessment itself, see the
Agenda Item from April 8, 2003 whereby the City Council formally accepted the
Assessment).
The Assessment and the Statement of Minimum Goals will be used to negotiate a
new Franchise Agreement with each of the two cable providers. A Franchise
Agreement is distinct from a new Cable Communications Ordinance as follows:
• The Ordinance reflects the regulatory environment and practices that any
cable provider must follow while doing business in the City.
• The Agreement(s)- reflects specific permission to a specific company to use
the public right -of -way to operate a cable system. Included in the permission
are negotiated terms by the company and the city as to adequate
compensation paid to the City and its residents for the use of the right -of -way.
Adequate compensation may include the 5% franchise fee, dedication of
equipment, dedication of specific channels for Public, Educational, and
• Government (PEG) services, and more.
1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 7
We expect to bring the proposed new Cable Communications Franchises Ordinance •
back to the Council in January 2004. When we brought this proposed Ordinance
before the Council in November 2003, Council Member Webb and the Adelphia
representatives both raised issues that deserved further discussion prior to any
adoption of a new Ordinance.
Because the individual Franchise Agreements with Adelphia and Cox both expire on
January 27, 2004, we recommend that the Council agree to a one -year extension of
the current Agreements (to January 27, 2005). Despite the extension to January
2005, we hope to have the new Cable Communications Franchises Ordinance and
the new Franchise Agreements before the Council by mid -2004.
Environmental Review: This Agenda Item does not require environmental review.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown
Act (72 hours in advance of the public meeting at which the City Council considers
the item).
Funding Availability: Not applicable.
Submitted by:
�f
-J'A,
Da etKiff j Marilee Jackson )
Assistant City Manager Public Information Offider
Attachments: Ordinance Amending Section 4 of Ordinance Nos. 1196 & 1197
Franchise Extension Agreement between City of Newport Beach & Adelphia
Franchise Extension Agreement between City of Newport Beach & Cox
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? -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 8
0 ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
EXTENDING NON - EXCLUSIVE FRANCHISES WITH ADELPHIA CABLE
COMMUNICATIONS AND WITH COX COMMUNICATIONS TO CONSTRUCT,
MAINTAIN, AND OPERATE COMMUNITY ANTENNA TELEVISION SYSTEMS
WITHIN THE CITY
THIS ORDINANCE is made with respect to the following:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments, 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, 2004; and
WHEREAS, by approving Ordinance No. 1196 and its later amendments, 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 6, 1966. The Franchise Agreement will expire on January 27, 2004;
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:
(a) This Franchise commenced January 27, 1967 and shall terminate on January
27, 2005.
SECTION 2. Section 4 of Ordinance No. 1197 is hereby amended to read:
(a) This Franchise commenced January 27, 1967 and shall terminate on January
27, 2005.
? -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 9
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 9w Day of December 2003, and was adopted on the 13t'
day of January, 2004, by the following vote, to wit:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ATTEST:
CITY CLERK
MAYOR
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1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 10
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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 Cehtury-TCI California LP, dba Adelphia Cable Communications
( "Adelphia ") this_ day of , 2004, with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments, 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, 2004; 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, 2005. 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 resole 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
27, 2005.
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1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 11
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: ADELPHIA CABLE COMMUNICATIONS:
Mayor
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1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 12
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 ( "Cox ") this _ day of
2004 with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 1196 and its later amendments, 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 6, 1966. The Franchise Agreement will expire on January 27, 2004;
and
WHEREAS, City and Cox 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, 2005. 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 resole 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
27, 2005.
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1 -Year Extension of Cable Franchise Agreements
December 9, 2003
Page 13
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:
Mayor
F:\users\cat\shared\da\Ag\AdelphiaFranchiseExt.doc
COXCOM, INCORPORATED d/b /a/
COX COMMUNICATIONS
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ORDINANCE NO. 2003 -19
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
EXTENDING NON - EXCLUSIVE FRANCHISES WITH ADELPHIA CABLE
COMMUNICATIONS AND WITH COX COMMUNICATIONS TO CONSTRUCT,
MAINTAIN, AND OPERATE COMMUNITY ANTENNA TELEVISION SYSTEMS WITHIN
THE CITY
THIS ORDINANCE is made with respect to the following:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments, 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, 2004; and
WHEREAS, by approving Ordinance No. 1196 and its later amendments, 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 6, 1966. The Franchise Agreement will expire on January 27, 2004;
and
WHEREAS, City and Adelphia and the City and CoxCom desire to extend each
respective Franchise Agreement for six (6) months 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:
(a) This Franchise commenced January 27, 1967 and shall terminate on July 27,
2004.
SECTION 2. Section 4 of Ordinance No. 1197 is hereby amended to read:
(a) This Franchise commenced January 27, 1967 and shall terminate on July 27,
2004.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 9th Day of December 2003, and was adopted on the 13tH
day of January, 2004, by the following vote, to wit:
AYES, COUNCIL MEMBERS: Heffernan, Rosansky, Bromberg, Webb, Nichols,
Mayor Ridgeway
NOES, COUNCIL MEMBERS:
None
ABSENT, COUNCIL MEMBERS: Adams
ATTEST:
CITY CLERK
Cj
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARPLESS, 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
ordinance, being Ordinance No. 2003 -19 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
13th day of January 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of January 2004.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2003 -19 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: January 17, 2004.
2004.
In witness whereof, I have hereunto subscribed my name this day of
City Clerk
City of Newport Beach, California