HomeMy WebLinkAbout21771 - RESOLUTIONS - 11/15/2006 RESOLUTION NO. 21771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS EXTENDING THE CABLE TELEVISION
FRANCHISE GRANTED TO WARNER CABLE
COMMUNICATIONS UNDER AGREEMENT NO. A2535
THROUGH JANUARY 2, 2008.
WHEREAS, the provision of cable services are a critical service for many Palm Springs
residents and the public at large; and
WHEREAS, provision of cable services necessitates an agreement for use of public
right-or-way between the City of Palm Springs ("Grantor") and all cable providers; and
WHEREAS, Grantor entered in a cable franchise agreement ("Franchise Agreement")
with Warner Cable Communications ("Grantee") on or about January 20, 1988; and
WHEREAS, the term of the Franchise Agreement was for a 17 year period expiring on
January 20, 2005; and
WHEREAS, Grantee has filed timely notice of intent to renew its Franchise Agreement
with Grantor; and
WHEREAS, on or about December 15, 2004, the City Council adopted Resolution No.
21159 extending the term of the Franchise Agreement through December 31, 2005 to
a0low the parties to complete the renewal process and to negotiate the terms and
conditions of a new franchise; and
WHEREAS, on or about December 7, 2005 the City Council adopted Resolution 21472
extending the term of the Franchise Agreement through December 31, 2006 to allow the
parties to continue the franchise renewal process and to negotiate the terms and
conditions of a new franchise; and
WHEREAS, a new state law dealing with cable communications, AB 2987, was passed
on August 31, 2006 and becomes effective on January 1, 2007; and
WHEREAS, certain aspects of the new law require action by certain state agencies and
will impact the City's franchise renewal process; and
WHEREAS: The City is willing to extend the franchise in order to continue to consider
the renewal request made by Time-Warner, pursuant to 47 USC 546, to the earlier of (a)
January 2, 2008, (b) the date when Time-Warner is issued a renewed local franchise, or
(c) the effective date of any state franchise issued to Time-Warner pursuant to AB 2987;
and
WHEREAS, the City is willing to extend the franchise to the date as indicated above so
long as Time-Warner abides by the terms and conditions of all franchise commitments
Resolution No. 21771
Page 2
during any such extension, and neither Time-Warner nor the City is otherwise '
prejudiced by the extension.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, as follows:
Section 1. Extension of the Term of the Franchise Agreement
The Grantor hereby agrees and consents to extend the current Franchise Agreement,
granted to Grantee pursuant to Agreement 2535, to the earlier of (a) January 2, 2008, (b)
the date when Time-Warner is issued a renewed local franchise, or (c) the effective date
of any state franchise issued to Time-Warner pursuant to AB 2987.
Section 2. Terms and Conditions of Extension of the Agreement.
The Grantor's consent to the extension described above is subject to, and conditioned
upon, the following terms and conditions, all of which are hereby incorporated in the
Franchise Agreement:
A. All terms and conditions of the existing Franchise Agreement shall remain in full
force and effect during the extension period.
B. The extension shall have no adverse effect on Grantee's compliance, nor shall
the extension be grounds for any change or modification in the remaining terms,
conditions and obligations of the Franchise Agreement. Further, the extension of
the franchise agreement will not affect, diminish, impair or supercede the binding
nature of the existing ordinances, resolutions and agreements applicable to
operation of the cable system.
C. The Grantor's consent to extend the Franchise Agreement, as set forth herein,
shall not be construed, in any manner whatsoever, to constitute a waiver or
release of any rights that the Grantor may have under the Franchise Agreement,
whether those rights arose before or after the change in control to Grantee and
the fact that such deficiencies may have existed prior to the change in control
shall not be a defense against correction of the deficiencies or non-compliance.
D. Both parties hereby reserve all rights under applicable provisions of the Cable
Communications Policy Act of 1984 (The "Cable Act"), including, without
limitation, Sections 626 and 635. Nothing herein shall be deemed or construed
as a waiver, release or surrender of any right that either party may have under
the Cable Act or any applicable law.
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Resolution No. 21771
Page 3
ADOPTED THIS 15th day of November, 2006.
David H. Ready, it ager
ATTEST:
J0es Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21771 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 15th day of November,
2006, by the following vote:
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California
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