CITY COUNCIL AGENDA ITEM
Meeting Date: August 12, 2003
Subject/Title: Approve a Resolution Making a Preliminary Assessment Not to
Renew the Cable Television Franchise Held by Comcast of California IV, Inc.
and Setting a Date for an Administrative Proceeding.
Submitted By: Dennis Beougher, City Attorney
Approve a resolution making a preliminary assessment that the cable
television franchise held by Comcast of California IV, Inc. (“Comcast”)
should not be renewed and setting the date of Saturday, September 6, 2003,
at 9:00 a.m. for an administrative proceeding to establish whether Comcast
has met the renewal standards of section 626 of the Cable Act (47 U.S.C.
sec. 546 (c) (1)).
On November 26, 2002, 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
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 extended the deadline
from April 22, 2003 to June 20, 2003. On May 27, 2003, the City Council
extended the deadline from June 20 to July 21, 2003. On July 8, 2003, the
City Council refused to change the deadline of July 21, 2003, for Comcast’s
response to the City’s Request for Proposal.
The Telecommunications Subcommittee of the City Council has conducted
informal negotiations with representatives of Comcast pursuant to the
“Renewal Negotiation Process Terms.” On July 3, 2003, the Subcommittee gave
Comcast a deadline of July 8, 2003, to approve the final draft negotiated by
the Subcommittee, including specifically the system capacity requirement of
860 MHz, which Comcast’s headquarters office had proposed to reduce to 750
MHz. After verbal assurance to the City’s Telecommunications Consultant,
David Kinley, that Comcast would present such acceptance at the July 8
meeting of the City Council, no communication was received from Comcast at
that meeting. As a result, the City Council refused to change the deadline
of July 21 for Comcast’s formal renewal proposal. At the City Council
meeting of July 22, a Comcast representative presented a letter signed by an
“Area Vice President” agreeing to the 860 MHz requirement. The City Council
then adopted a motion to have the Telecommunications Subcommittee begin the
formal process of denying the franchise renewal. On July 24, the City
received via facsimile from Comcast the draft franchise agreement,
previously negotiated with the Telecommunications Subcommittee, as “our
formal response to the City’s request for responsive proposals.”
A RESOLUTION OF THE CITY COUNCIL MAKING A PRELIMINARY ASSESSMENT NOT TO
RENEW THE CABLE TELEVISION FRANCHISE HELD BY COMCAST OF CALIFORNIA IV, INC.
(“COMCAST”) AND SETTING A DATE FOR AN ADMINISTRATIVE PROCEEDING.
WHEREAS, on September 4, 2002, the City of Brentwood issued to Comcast a
Request for Proposal (“RFP”) with a deadline of October 28, 2002 for
submission of a formal proposal pursuant to section 626 of the federal Cable
WHEREAS, after several other extensions of the deadline in said RFP, on May
27, 2003, the City Council extended that deadline to July 21, 2003; and
WHEREAS, no proposal was submitted by Comcast by that deadline;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby issues a
preliminary assessment that the cable television franchise held by Comcast
should not be renewed.
BE IT FURTHER RESOLVED that the City Council will hold a formal
administrative proceeding on Saturday, September 6, 2003, at 9:00 a.m. ,in
the City Council Chambers to determine whether or not Comcast has met the
renewal standards of section 626 of the federal Cable Act (47 U.S.C. sec.
546 (c) (1)).
BE IT FURTHER RESOLVED that said administrative proceeding shall be
conducted in accordance with the requirements of section 626 for such
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 12th day of August 2003, by the following