HomeMy WebLinkAboutCC RES 99-491 RESOLUTION NO. 99-49
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA ESTABLISHING A PROCESS FOR
3 CONSIDERATION OF CATV FRANCHISE RENEWAL.
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5 WHEREAS, the Communications Act of 1934 as last amended by the
Telecommunications Act of 1996 provides for the renewal of existing CATV franchises and
6 authorizes the City to require a renewal proposal and to set deadlines therefor; and
7 WHEREAS, Cox Communications ("Cox") has requested that the City initiate renewal
8 of its CATV franchise; and
9 WHEREAS, the City Council wishes to establish a uniform process for consideration
of CATV franchise renewal according to law.
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11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
finds, determines and orders as follows:
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SECTION 1:
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(A) The City Clerk is hereby directed to publish notice of a public hearing at a
14 regular meeting of the City Council in the next 60 days on the question of the renewal of
Cox's CATV franchise. The Director of Public Works shall select the date of the meeting for
15 the hearing and shall provide it to the City Clerk within 2 weeks of June 21, 1999. The
16 Director of Public Works shall notify Cox in writing of the meeting date selected.
17 (B) Upon receipt of a request by a Cable Operator for a CATV franchise renewal
within the six (6) month period commencing with the 36th month before the franchise expires
18 or upon determination of the Public Works Director, or the Director's designee, that renewal
procedures under this Resolution are warranted, the Public Works Director, or the Director's
19 designee, shall request the City Clerk to publish notice of a public hearing before the City
20 Council to consider renewal of the CATVfranchise.
21 (C) The City Clerk's notice shall state that the purpose of the headng will be to:
22 (1) Identify the future cable-related community needs and interests, and
23 (2) Review the performance of the cable operator under the franchise during
the current franchise term.
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The Director of Public Works shall notify the cable operator of the public
25 hearing time and date.
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I SECTION 2:
2 Within fifteen (15) days of .completion of the public hearing process'required by
Section 1 above, the Public Works Director shall notify the cable operator of the completion
3 of the hearing held under Section 1 above, and shall direct the cable operator to submit a
4 franchise renewal proposal, which shall contain the material required by Chapter 4 of the
Tustin City Code, the cable operators proposal for operating the cable system, providing the
5 required facilities and equipment, upgrading the system, and other issues raised at the public
hearing held under Section 1 above. The notice shall further provide that the cable
6 operator's proposal is due ninety (90) days from the date of the notice required by this
Section.
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8 SECTION 3:
9 Within ninety (90) days of receiving the cable operator's proposal pursuant to Section
2 above, the Public Works Director, or the Director's designee, shall report and recommend
10 to the City Council whether to approve or deny the renewal of the franchise. The City
Council shall approve a renewal by ordinance. If the City Council finds it in the best interest
11 for the City to deny the renewal, the City Council shall adopt a resolution containing a
12 preliminary assessment stating that the City should not renew the franchise.
13 SECTION 4:
14 if the City Council adopts a resolution assessing that the City should not renew the
franchise, the Public Works Director shall request the City Clerk to publish notice of a public
15 hearing at a special meeting of the City Council to consider denial of renewal of the
franchise. Said special meeting shall take place within thirty (30) days of adoption of the
16 statement of non-renewal. At the conclusion of the public hearing, the City Council may deny
17 renewal of the franchise if it makes adverse findings in reviewing the following factors:
18 A. Whether the cable operator substantially complied with the material terms of
the existing franchise and applicable law, and the City provided the cable operator sufficient
19 notice and an opportunity to cure any failure to comply.
20 B. Whether the quality of the cable operator's service, including signal quality,
21 response to consumer complaints, and billing practices, was reasonable in light of
community needs, and the City provided the cable operator sufficient notice and an
22 opportunity to cure any defects. In reviewing this factor, the City cannot consider the mix or
quality of cable services or other services provided over the system (content).
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C. Whether the cable operator has the financial, legal, and technical ability to
24 the services, facilities, and equipment as set forth in its proposal.
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D. Whether the cable operator's proposal is reasonable to meet the future cable-
26 related community needs and interests, taking into account the cost of meeting such needs
and interests.
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1 ' PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 21 day of June, 1999.
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5 ATTEST:
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PAMELA STOKER
8 CITY CLERK
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RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 99-49
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 is
five; that the above and foregoing resolution was passed and adopted at a regular meeting of
the City Council held on the 21st day of June, 1999, by the following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: None
Pamela' Stoker, City Cl~rk'