HomeMy WebLinkAbout09 URGENCY ORD AT&T 06-17-02AGENDA REPORT
NO. 09
06-17-02
MEETING DATE: JUNE 17, 2002
400-10
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
Adoption of Urgency Ordinance No. 1254 Extending a Cable Television
Franchise with Media One of Los Angeles, Inc., dba AT&T Broadband, for
Thirty Days
SUMMARY
The City has completed a thorough review of AT&T compliance with Franchise requirements and
concluded that certain deficiencies require corrective action. The City has issued corrective
notices to AT&T and is awaiting a response. The Franchise will expire on July 6, 2002. Staff is
recommending that the City Council approve a thirty day franchise extension to August 5, 2002 in
order to review and consider any response by AT&T.
RECOMMENDATION
Staff recommends that the City Council adopt urgency ordinance No. 1254 extending a Cable
Television Franchise with Media One of Los Angeles, Inc., dba AT&T Broadband, for thirty days.
FISCAL IMPACT
Extension of the franchise agreement will insure the continued collection of Franchise Fees by
AT&T Broadband.
BACKGROUND
In the Fall of 2001, the City retained the services of Telecommunication Management Corp. (TMC)
to thoroughly review all aspects of Media One's (AT&T Broadband) compliance with City franchise
requirements and with other applicable laws. This analysis included the following:
· Customer Survey
· Franchise Compliance Audit
· Franchise Fee Audit
· Proof of Performance Review
· Physical Plant Inspection
TMC has recently completed their analysis and has submitted various reports of their findings to
the City.
During the Franchise Compliance Audit, TMC reviewed AT&T's Customer Procedures pursuant to
Government Code section 53055.2 and determined that AT&T Broadband is in violation of the
California Cable Television and Video Provider Customer Service and Information Act
(Government Code {}53054, et seq.), specifically Government Code [}53055.2, for failure to
distribute to all subscribers a yearly report on its performance in meeting its customer service
standards. This requirement of State law is incorporated into the Franchise (See, Sec. 2 of
Ordinance 1002, and Tustin City Code §§ 7418(h) and 7525(c) (2)). Specifically, while AT&T
Broadband provides annual notice of its Policies and Practices, it does not include a report "with
regard to meeting its customer service standards." Government Code section 53055.2 provides:
"After the customer service standards established pursuant to Section 53055
have been in effect for one year, each cable television operator and video
provider shall report annually on the performance of that cable television operator
or video provider with regard to meeting its customer service standards. This
report shall be included in the annual notice required by Section 53055.1 ."
The franchise fee audit revealed that AT&T Broadband may owe the City the sum of $14,976.00
through March 1, 2002, because fees for recovered bad debt, and cable modem fees for the
second half of 2000 were not included. The City directed AT&T Broadband to remit a check to
the City for the 2000 unpaid franchise fee plus interest.
The physical plant inspection reveals that AT&T Broadband is in violation of the various statutory
and regulatory provisions of the California Electrical Code, Health and Safety Code § 18938(b),
Tustin City Code §§ 7418(h) & 8400, and California Public Utilities General Order Nos. 95 & 128.
More specifically, random inspections revealed improperly grounded subscriber drops (some were
not grounded at all), loose wiring, improper clearances from conflicting electrical, and energy
sources. The inspection report identifies the specific locations surveyed and the violations
identified. All of these violations involve issues of safety and fire-prevention. The City's
consultant estimates that the number of similar violations in the rest of the CATV System may
exceed 10,000.
Due to the immeasurable health and safety risks presented by the physical plant violations, AT&T
Broadband was directed to immediately commence making all necessary corrections to comply
with the above-referenced safety and fire prevention regulations at all of the locations identified in
the enclosed inspection report. AT&T Broadband was further directed to deliver to the City a
written report describing its corrective action plan for the identified locations and estimated time for
completion of the work. Staff also notified AT&T Broadband that a follow up inspection of the
corrections will be conducted by the City's consultant to confirm compliance, at AT&T
Broadband's expense.
Staff also issued formal notices to AT&T Broadband to correct all of the other deficiencies
identified above. Staff is now awaiting responses to these notices. Therefore, staff recommends
that the City Council adoption of an urgency ordinance to extend the franchise for thirty days so
that the City can evaluate AT&T Broadband's response to these notices and determine whether
the outstanding issues involved in customer service and installations can be satisfactorily resolved
and the franchise renewed, or whether denial of the franchise is appropriate. The current
franchise expires July 6, 2002. This extension will move the expiration date to August 5, 2002.
Joe M~(yers ("J anM~'~ager
Administrative Services
Public Works Department
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ORDINANCE NO. 1254
AN URGENCY ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, EXTENDING A CABLE TELEVISION FRANCHISE
WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T
BROADBAND FOR THIRTY DAYS UNTIL AUGUST 5, 2002.
WHEREAS, Media One of Los Angeles, Inc., d.b.a. AT&T Broadband ("Media One")
holds a non-exclusive cable television franchise in the City of Tustin (the "City") as successor-
in-interest to Continental Cablevision, Inc., pursuant to Ordinance No. 1002; and
WHEREAS, Media One's franchise expires July 6, 2002 pursuant to Section 4 of
Ordinance No. 1002; and
WHEREAS, the City has completed a thorough review of Media One's compliance with
Franchise, Municipal Code, State and Federal requirements and concluded that certain
deficiencies require corrective action; and
WHEREAS, the City has issued corrective notices to Media One and is awaiting a
response; and
WHEREAS, Tustin City Code § 7415(c)(6) provides that the City Council shall grant
cable television franchises by ordinance; and
WHEREAS, this urgency ordinance is necessary for the immediate protection of the
public health, welfare, and general safety in that the extension of Media One's franchise is
necessary to: regulate Media One's access to the public rights of way which may conflict with
the public use thereof; insure correction of defective electrical connections to residential,
commercial and industrial buildings; continue to provide local access channels for government
and emergency information; regulate subscriber service; and insure accurate and complete
franchise payments.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. FRANCHISE EXTENSION. The cable television franchise granted to
Media One of Los Angeles, Inc., d.b.a. AT&T Broadband pursuant to Ordinance No. 1002 is
hereby extended for thirty (30) days to expire on August 5, 2002.
SECTION 2. URGENCY. This urgency ordinance is necessary for the immediate
protection of the public health, welfare, and general safety in that the extension of Media One's
franchise is necessary to: regulate Media One's access to the public rights of way which may
conflict with the public use thereof; insure correction of defective electrical connections to
residential, commercial and industrial buildings; continue to provide local access channels for
government and emergency information; regulate subscriber service; and insure accurate and
complete franchise payments.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
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Ordinance No. 1254
Page 2 of 2
subsection, subdivision, sentence, clause, phrase, or portions thereof be declared invalid or
unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 17"' day of June, 2002.
JEFFERY M. THOMAS
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1254
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance No. 1254 was passed and
adopted at a regular meeting of the City Council held on the 17th day of June, 2002 by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER
City Clerk
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