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CITY COUNCIL AGENDA ITEM NO. 32

Meeting Date: April 23, 2002

Subject/Title: Authorize Informal Negotiations of Renewal of the Cable Television Franchise with AT&T Broadband 

Submitted by: Dennis Beougher, City Attorney

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a resolution authorizing the City Attorney to enter into the attached letter agreement and to pursue an informal process for the renewal of the AT&T Broadband franchise.

PREVIOUS ACTION
By Resolution No. 83-33, adopted June 28, 1983, the City Council entered into a License Agreement with Televents of East County, which became TCI Cablevision of Contra Costa County and now is currently doing business as AT&T Broadband, under a franchise to provide cable television system and service to residents of Brentwood. 

The current franchise agreement with AT&T Broadband has expired. 

BACKGROUND
The City hired David Kinley to recommend changes to the city’s cable television ordinance and to assist City in its negotiations with the current franchise agreement with AT&T Broadband. Mr. Kinley has recommended that the City pursue an informal process to renew the franchise without waiving any of either parties’ rights to the formal process, as provided in Section 626 of the Cable Communications Policy Act of 1984, as amended.





Attachments:

· Resolution
· Agreement Letter



April 24, 2002



Mr. Michael P. Hurst
Senior Counsel
AT&T Broadband
P.O. Box 5147
San Ramon, CA 94583

Re: Renewal of Cable Television Franchise

Dear Mr. Hurst:

This is a letter agreement between the City of Brentwood and AT&T Broadband, the franchisee under the terms of the cable television franchise granted pursuant to Resolutions 2408 and 2421. 

Both parties desire to pursue an informal process for renewal of the franchise while not waiving any of their rights to the formal process as provided in Section 626 of the Cable Communications Policy Act of 1984, as amended (47 U.S.C. 546) (the “Cable Act”). Therefore, the parties agree as follows:

1. The provisions of Section 626 are tolled for a period not to exceed six (6) months from the date hereof, which tolling may be extended by mutual agreement of the parties if the informal renewal negotiations are proceeding to their mutual satisfaction.

2. Each party acknowledges that, as of the date hereof, neither party has violated and each party has fulfilled all of the requirements of the Cable Act concerning franchise renewals so that each party has retained all its rights thereunder.

Agreed and Acknowledged:



_______________________ ___________________________ 
Dennis Beougher Michael P. Hurst
City Attorney Senior Counsel
City of Brentwood AT&T Broadband