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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: July 8, 2003

Subject/Title: Approve a Resolution Amending Procedures for Informal Negotiation of Cable Television Franchise Renewal from July 1 to August 1, 2003.

Submitted By: Dennis Beougher, City Attorney

RECOMMENDATION
Approve a Resolution amending the “Renewal Negotiation Process Terms” to extend the tolling of the time requirements for “formal” renewal proceedings under Section 626 of the Cable Act from July 1 to August 1, 2003. Also approve an extension of the deadline for response to the City’s Request for Proposal dated September 4, 2002, from July 21 to August 20, 2003. This recommendation is subject to the receipt from Comcast of approval of the final draft of the franchise renewal agreement by July 8.

PREVIOUS ACTION
On November 26, 2003, City Council adopted “Renewal Negotiation Process Terms” for undertaking informal negotiation of the renewal of the cable television franchise formerly held by AT&T Broadband and now held by Comcast of California IV, Inc. (“Comcast”). Those terms included the tolling of the time requirements for “formal” renewal proceedings under Section 626 of the Cable Act to March 1, 2003. They also included the extension of the deadline for Comcast to respond to the City’s Request for Proposal dated September 4, 2002, to March 20, if informal negotiations had not resulted in an agreement by March 1, 2003. On February 25, 2003, the City Council extended the tolling of the time requirements from March 1, 2003 to April 1, 2003 and the deadline for response to the City’s Request for Proposal from March 20, 2003 to April 22, 2003. On March 25, 2003, the City Council again extended those deadlines from April 1, 2003 to June 1, 2003 and from April 22, 2003 to June 20, 2003. On May 13, 2003, the City Council extended those deadlines from June 1 to July 1, 2003 and from June 20 to July 21, 2003.

BACKGROUND
The Telecommunications Subcommittee has conducted informal negotiations with representatives of Comcast pursuant to the “Renewal Negotiation Process Terms.” The Subcommittee has completed what it regards as a final draft of the agreement. The Subcommittee has given Comcast a deadline of July 8, 2003, to approve the final draft negotiated by the Subcommittee. Otherwise, the Subcommittee does not recommend an extension of the deadlines. Therefore, only if the necessary approval from Comcast has been received by tonight’s meeting, then Staff recommends that the deadline for completion of an informal franchise renewal agreement be extended from July 1, 2003 to August 1, 2003. Likewise, Staff recommends that the companion date for Comcast’s response to the City’s Request for Proposal dated September 4, 2002, be extended from July 21 to August 20, 2003.

FISCAL IMPACT
None.

Attachments:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL AMENDING PROCEDURES FOR INFORMAL NEGOTIATION OF CABLE TELEVISION FRANCHISE RENEWAL FROM JULY 1 TO AUGUST 1, 2003.

WHEREAS, the City of Brentwood has tolled the time deadlines for the formal renewal process regarding the cable television franchise now held by Comcast of California IV, Inc. (“Comcast”); and

WHEREAS, during informal negotiations with Comcast, the Telecommunications Subcommittee continues to make significant progress toward a possible renewal agreement;

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby extends the date for tolling the timeframes of the formal renewal process and completion of a renewal agreement with Comcast from July 1, 2003 to August 1, 2003.

BE IT FURTHER RESOLVED that the deadline for response by Comcast to the City’s Request for Proposal dated September 4, 2002, is hereby extended from July 23, 2003 to August 20, 2003.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of July 2003, by the following vote:

 

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