HomeMy WebLinkAbout11077 - Community Cablevision Franchise RenewalRESOLUTION NO.. 11077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
• OF NEWPORT BEACH DECLARING ITS INTENTION TO
HOLD A PUBLIC HEARING REGARDING THE RENEWAL OF
THE COMMUNITY CABLEVISION :FRANCHISE
WHEREAS, Section 5.44 of the Newport Beach Municipal
Code requires that prior to the adoption of Ordinances pertaining
to cable television rules and regulations, a Resolution of
Intention to Hold a Public Hearing, to consider any changes to
said rules and regulations, shall be held; and
WHEREAS, the present franchise agreement with Community
Cablevision will expire on January 27, 1982; and
WHEREAS, it is the intention of the City Council to
consider granting to Community Cabl.evision Company, a non-
exclusive 10 year renewal of the franchise, subject to the terms
and provisions of;.Section 5.44 of the Newport Beach Municipal
Code as it now exists or as hereinafter shall be amended, for the
continued operation of a community antenna television system to
provide community antenna television service to the following,
generally described areas within the City of Newport Beach: The
area within the City bounded on the west by Jamboree Road, on the
south by East Coast Highway to its intersection with MacArthur
Boulevard and by Fifth Avenue to the easterly City limits and on
the east by the easterly City limits; and
WHEREAS, the term of renewal shall be subject to the
payment, by applicant, of an acceptance fee, which fee shall be
determined by the City Council; and
• WHEREAS, Section
5.44 of
the
Newport
Beach Municipal
Code presently provides for
payment
to
City, as
an annual
franchise fee, the amount of at least three percent (3 %) of the
gross receipts derived from subscribers; and
WHEREAS, the Applicant has presented to City a proposal
to increase the annual franchise fee payment to five percent (5 %)
of the gross receipts derived from subcribers; and
• WHEREAS, it is the intention of City to increase the
franchise fee payment to five percent (5 %) of the gross receipts
derived from subscribers, pursuant to this proposal from
Applicant.
WHEREAS, it is the intention of the City Council to
incorporate into the franchise documents, the amended definitions
(attached hereto as Exhibit "A" and incorporated herein by
reference) of the "Community Antenna Television Systems" and
"Gross Annual Receipts ", so as to include revenue from all
services, including "Pay T.V.", and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach as follows:
1. A public hearing shall be held on the 9th day of
November, 1981, at 7:30 p.m. in the City Council Chambers located
at City Hall, City of Newport Beach, 3300 West Newport Boulevard,
Newport Beach, California, at which time any person representing
the applicant for said franchise or having any objection to the
granting of said extension may appear before the City Council and
be heard thereon.
2. At said public hearing, the City Council shall
proceed to hear any interested persons wishing to be heard, shall
pass upon all protests or objections to the granting of said
renewal of franchise, and its decision thereon shall be final and
conclusive. Thereafter, City Council may, by ordinance, grant
said franchise.
3. The franchise application shall be available for
• inspection, by any interested person, at the office of the City
Clerk, located in the City Hall, 3300 West Newport Boulevard,
Newport Beach, California.
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4. The City Clerk is directed to publish this
Resolution at least once within fifteen (15) days of its passage
• and at least ten (10) days prior to the date set for public
hearing in the official newspaper of the City.
ADOPTED this 26th day of October, 1981.
ATTESST :
City Clerk
10/26/81
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"Community Antenna Television Systems" or "CATV System"
shall mean a system employing antennae, microwave,
wires, waveguides, coaxial cables, or other conductors,
equipment or facilities designed, constructed or used
for any or all of the following purposes:
(1) collecting or amplifying local and distant
broadcast television, satellite, microwave or
• radio signals and distributing and
transmitting them;
(2) transmitting original cablecast programming
not received through television broadcast
signals;
(3) transmitting television signals, film and
video tape programs not received through
broadcast television signals, whether or not
encoded or processed to permit reception by
only selected receivers;
(4) transmitting or receiving two -way signals or
transmissions;
(5) providing data transfer capability in any
shape or form including that of a security
system or a common carrier should CATV systems
ever be so defined by Federal rule or
regulation.
(6) transmitting or receiving all other signals
whether digital, voice or audio visual.
"Gross Annual Receipts" shall mean any and all
compensation and other consideration in any form
whatsoever and any contributing grant or subsidy
received directly or indirectly by Grantee from;
(1) subscribers or users in payment for any CATV
system services including television
broadcast, satellite, microwave, or FM radio
signals, reception or service received within
the City or transmitted in any shape or form
from the City for which local subscribers or
users make payment, whether said signals,
reception or service is included within the
terms "basic subscriber services" or "non
basic services" as terms may be defined in the
Municipal Code, as well as any installation or
line extension charges therfor;"
(2) any other compensation for utilization of or
connected to the property of Grantee used
within the City including the sale, rental or
provision of any equipment, parts or addons to
be used in connection with the CATV system.
(3) notwithstanding the above, gross annual
receipts shall not include any taxes on
• services furnished by the Grantee and imposed
directly on any subscribers or users by any
City, State or other governmental unit and
collected by the Grantee for such governmental
unit.
EXHIBIT 'A'