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Home My WebLink About91-43 - Amending a Non-Exclusive Franchise with Comcast Cablevision to Construct, Maintain and Operate a Community Antenna Television System within the CityORDINANCE NO. 91 -43 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A NON - EXCLUSIVE FRANCHISE WITH COMCAST CABLEVISION TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY 0 RECITALS THIS ORDINANCE is made with respect to the following: WHEREAS, City desires to amend the franchise originally granted by the City to Warner Brothers, TV Services, Incorporated by Ordinance No. 1197 dated December 7, 1966 subsequently transferred to Newport Beach Cablevision Incorporated and amended December 14, 1970 by Ordinance No. 1365 and ultimately transferred to COMCAST Cablevision by City Council Resolution No. 86 -25 dated April 14, 1986; and WHEREAS, the existing franchise granted to COMCAST Cablevision provides that the City may unilaterally amend its • ordinances governing the granting of such franchises; and WHEREAS, City desires to amend the franchise granted to COMCAST Cablevision to reference certain amendments to the ordinances of the City enabling the granting of such franchises; and WHEREAS, City desires to extend the term of the franchise originally granted by Ordinance No. 1197; NOW THEREFORE, the City Council of the City of Newport Beach does ordain as follows: SECTION I. Section 1 of Ordinance No. 1197 is hereby amended to read as follows: "SECTION 1. Definitions. Wherever in this ordinance the following words or • phrases are used, they shall have the respective meanings assigned to them in the following definitions; and words or phrases not defined in this section which are defined in any franchise document shall have the same meaning in this ordinance assigned to them in such franchise document, unless the context in which they are used shall clearly indicate a different meaning: (a) 'Grantee' shall mean COMCAST Cablevision, its employees, agents, successors and assigns. (b) 'Franchise Documents' shall mean and shall include all of the following: (1) Article XIII of the Charter of the City of • Newport Beach. (2) Chapter 5.44 of Title 5 of the Newport Beach Municipal Code as the same now exists or as it may hereafter be amended. (3) The written acceptance of CATV Franchise filed with the City by the Grantee. (c) 'Street' shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or right of way whether or not improved, now or hereafter existing as such throughout the City." "SECTION 2. Grant of Franchise. (a) There is hereby granted to COMCAST Cablevision , • by the City a nonexclusive franchise to construct, erect, operate and maintain, in, upon, along, across, above, over and under the public streets, alleys, public ways and public places, now or in the future dedicated for public use in the City, poles, wires, cables, underground conduits, manholes and other television conductors, appurtenances and fixtures necessary or convenient for the maintenance and operation in the City of a community antenna television system to transmit television and FM radio signals, within all of the territory within the boundaries of the City of Newport Beach as such boundaries exist on the effective date of this ordinance or as may exist during the term of this franchise. (b) The Primary Franchise Area as defined by Chapter 5.44 of Title 5 of the Newport Beach Municipal Code is described on the map attached as Exhibit A and hereby made a part hereof. SECTION 3. Section 4 of Ordinance No. 1197 is amended to read as follows: OA "SECTION 4. Term of Franchise. (a) This franchise commenced January 27, 1967 and • shall terminate on January 27, 2002. SECTION 4. Section 8 of Ordinance No. 1197 is amended to read as follows: "SECTION 8. Prohibited Activities of Grantee. Grantee shall be prohibited from directly or indirectly doing any of the following: (a) Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets, radios or other receiving apparatus, or any part or component thereof. (b) Providing any repair service to its subscribers, for a fee or otherwise, which extends beyond the connection of its service and the determination by Grantee of the quality of its signal to its subscribers. (c) Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to any specific named persons, firms or corporations engaged in any business which Grantee is prohibited from engaging in by the provisions hereof." SECTION 5. Section 12 of Ordinance No. 1197 is amended to read as follows: "SECTION 12. Annual Franchise Fee. • The Grantee shall pay annually to the City during the life of this franchise for the privilege of operating a CATV system under this franchise a sum equivalent to five percent (5 %) of the Gross Annual Receipts from its operations within the City. Such fees shall be paid on a quarterly basis." 3 SECTION 6. Additional Conditions Grantee shall, as a condition of this franchise, provide the following: (a) On or before January 27, 1994, a dedicated educational access channel, a dedicated fire department channel and • a video camera, scrambling equipment, and cable connection to the Fire Department to enable cablecasts from the Fire Department Headquarters located at City Hall to all fire stations operated by the City. The specifications for this equipment shall be prescribed by the City Manager and the costs thereof shall be shared by all CATV grantees in proportion to their number of subscribers within the City. (b) On or before January 27, 1997, modifications to its CATV System to enable the transmission of fifty -four (54) or more television channels to its subscribers. SECTION 7. This ordinance shall be published once in the • official newspaper of the City, and the same shall become effective 30 days from and after the date of its adoption; provided, however, that the amendments to the franchise hereby approved shall not become effective unless and until the Grantee files written acceptance thereof in the manner specified in Section 7 of this ordinance and delivers to the City all bonds and insurance policies required to be furnished in accordance with the requirements of Chapter 5.44 of Title 5 of the Newport Beach Municipal Code. SECTION 8. Acceptance of Franchise. This franchise shall not become effective for any purpose unless and until written acceptance thereof shall have been filed • with the City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall be and operate as an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day 4 next following the date of the adoption by the Council of this ordinance; and, in default of the filing of such written acceptance as herein required, Grantee shall be deemed to have rejected and repudiated the same; and thereafter, the acceptance of any such • Grantee shall not be received by the City Clerk, and such Grantee shall have no rights, remedies, or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and then upon such terms and conditions as the Council may impose. SECTION 9. Ordinance No. 1365 is hereby repealed and all other ordinances amending Ordinance No. 1197 are hereby repealed. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of October , 1991, and was adopted on the 12th day of • November , 1991, by the following vote, to wit: ATTEST: CTrY CLERK AYES, COUNCIL MEMBERS_ HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCIL MEMBERS_ NONE ABSENT COUNCIL MEMBER: NONE MAYOR 5