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CITY COUNCIL ITEM NO. 22

Meeting Date: October 14, 2003

Subject/Title: Application of CybAirCorp. For Cable Television Franchise

Submitted By: Dennis Beougher, City Attorney
____________________________________________________________________________
RECOMMENDATION
No action is necessary on this application at this time. In its cover letter, CybAirCorp. (“Applicant”) appears to be making this application “in the event the city does not renew the franchise” of the incumbent operator. The City Council has not made the decision to either grant or deny renewal to the incumbent operator. In particular, the decision to grant or deny a renewal cannot be based in any way on the terms of an application from another cable operator. Therefore, it is recommended that this application be filed without further review until that decision is made.

PREVIOUS ACTION
No previous action has ever been taken by the City Council with respect to a franchise application from the Applicant.

BACKGROUND
In June, 2002, there were several discussions with officials from the Applicant regarding the company’s interest in obtaining a cable television franchise from the City. Subsequently, on July 24, 2002, the Applicant submitted a proposed franchise application. In a letter dated August 9, 2002, the City Manager acknowledged receipt of the application. But he pointed out numerous ways in which the proposed application did not meet the requirements of Municipal Code 5.24.030, nor did it provide information upon which the City could base the findings required under California’s “second franchise” statute. After additional meetings and discussions in September, 2002, the Applicant apparently decided not to pursue obtaining a franchise.

FISCAL IMPACT
None.

Attachments:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TAKING NO ACTION ON THE CYBAIRCORP APPLICATION

WHEREAS, CybAirCorp (“Applicant”) has submitted an application for cable television franchise and appears to be based upon the City action to deny or not renew the incumbent operator of cable television franchise; and

WHEREAS, the Administrative Hearing Board, consisting of the members of the City Council, has not made the decision to either grant or deny renewal to the incumbent cable television franchise operator; and

WHEREAS, in particular, the City Council’s decision to grant or deny a renewal cannot be based in any way on the terms of an application from another cable operator.

NOW, THEREFORE BE IT RESOLVED that the City Council finds and determines that the CybAirCorp application be returned without action and without further review until the completion of the Administrative Hearing, pursuant to 47 U.S.C. §546, decision is final.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of October, 2003 by the following vote:

 

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