Loading...
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. 2 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 pr • 3 ayo Lt "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'