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Home My WebLink About05 - Adelphia & Cox Cable Non-Exclusive FranchisesCITY OF NEW PORT BEACH November 27, 2007 CITY ATTORNEY'S OFFICE [A:genda Item 3 TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBIN" L CLAUSON, ASSISTANT CITY ATTORNEY RE ORDINANCE EXTENDING NON - EXCLUSIVE FRANCHISES WITH ADELPHIA & COX CABLE 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 11th 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 Couricil 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 adopti at the City Council's next regularly scheduled meeting. " Robin L. Clauson, Assistant City Attorney RC:da Attachments F:\users\cat\shared\da\Ccmemo \Coy AdelphiaExiFranAgt.doatloe 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- televisioril 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.. 1 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 JCity 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 2r 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.COUNCILM EMBERS Mayor ATTEST: LaVonne Harkless, City Clerk F:\users\cat\shared\da\ Ordinance\Cox&AdelphiaExtFranAgt.doc 2 FRANCHISE EXTENSION AGREEMENT BETWEEN.1 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,.wiith regards to the following facts: RECITALS WHEREAS, by approving Ordinance No 1997 and.--its-later amendments within Ordinances No 1365 and 91-43, the City of Newport Beath 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: F:\ users \caHshamd\da\ igWdelphiaExtFmnAgtdoc - CENTURY. -TCI. CALIFORNIA L.P. ON ADELPHIA CABLE COMMUNICATIONS EXHIBIT "A" 2 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 Orange County ( "Cox") this 111' 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 CoxCorn, 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 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 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" 1 t I 0 a P 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: F: Nuserstafthared \dMglCoxFranExfAgLdoc COXCOM, INCORPORATED d/b /a/ COX COMMUNICATIONS ORANGE COUNTY Exhibit "B" 2