HomeMy WebLinkAboutRES 4097CITY OF RENTON, WASHINGTON
4097 RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, CONCERNING THE
COMMENCEMENT OF FORMAL RENEWAL PROCEEDINGS WITH COMCAST
UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS
AMENDED.
WHEREAS, the City granted, by Ordinance No. 4412, a Franchise to TCI Seattle, Inc. (the
"Franchise"), to provide cable television service within the territorial limits of the City on August
9,1993; and
WHEREAS, the Franchise was acquired through succession by Comcast of Washington
IV, Inc. & Comcast of California/Colorado/Washington I, Inc. ("Comcast"); and
WHEREAS, the City granted, by Ordinance No. 5453, an extension of the Franchise term
through midnight, September 13, 2013; and
WHEREAS, by letter dated October 25, 2010, from Comcast to the City, Comcast invoked
the formal renewal procedures set forth in Section 626 of the Cable Communications Policy Act
of 1984, as amended (the "Cable Act"), 47 U.S.C. § 546; and
WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if a
written renewal request is submitted by a cable operator during the six-month period which
begins with the 36th month before franchise expiration and ends with the 30th month prior to
franchise expiration, a franchising authority shall, within six months of the request, commence
formal renewal proceedings to identify the future cable-related community needs and
interests, and to review the performance of the cable operator under its franchise during the
then current franchise term; and
RESOLUTION NO. 4097
WHEREAS, the City is desirous of commencing the formal renewal proceedings specified
in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of pursuing
the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47
U.S.C. § 546(h); and
WHEREAS, the City intends to take any and all steps required or desired to comply with
the franchise renewal and related requirements of the Cable Act, Washington law and the
Franchise; and
WHEREAS, the City must provide the public with notice of, and an opportunity to
participate in, formal renewal proceedings under Section 626(a) of the Cable Act; and
WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal
process may involve the collection and analysis of information from Comcast (and its affiliates
and subsidiaries), City agencies and departments, the public and other interested parties, and
may require one or more public hearings;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The City hereby commences formal franchise renewal ascertainment and
past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1)
concerning Comcast and the Franchise. These proceedings, and all applicable procedures,
timelines and deadlines set forth in Section 626(a)-(g) of the Cable Act, 47 U.S.C. § 546(a)-(g),
may be tolled if Comcast and the City enter into a lawful and binding tolling agreement
("Standstill Agreement").
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SECTION III. The City or its designee(s) may conduct such hearings, surveys and
meetings they deem appropriate to assess community cable-related needs and interests,
evaluate Comcast's past performance and enable the public an opportunity to participate in
formal Franchise renewal proceedings conducted under Section 626(a)(1) of the Cable Act, 47
U.S.C § 546(a)(1). City staff and/or their designee(s) shall provide the public with notice of, and
an opportunity to participate in, any public hearings or public meetings conducted under
Section 626(a)(1), unless Section 626(a)(1) proceedings are tolled pursuant to a binding
Standstill Agreement, in which case such notice and an opportunity to participate will only be
required if the Standstill Agreement ceases to be effective or if the Cable Act's formal renewal
process is reactivated in accordance with the Standstill Agreement.
SECTION IV. City staff and/or their designee(s) are authorized to manage and conduct
the formal franchise renewal proceedings specified in 626(a)(1) of the Cable Act, 47 U.S.C.
§ 546(a)(1), and to take all steps and actions necessary or desired to assess the community's
cable-related needs and interests, to review Comcast's past performance under the Franchise
and applicable laws and regulations, and to comply with applicable laws, regulations, orders
and decisions.
SECTION V. City staff and/or their designee(s), may explore with Comcast the
possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47
U.S.C. § 546(h). If City staff and Comcast decide to utilize the informal renewal process, City
staff shall inform the City of the decision, and the City may approve informal renewal
discussions and enter into a Standstill Agreement with Comcast, if appropriate or desired.
Should the City and Comcast follow the informal franchise renewal process under Section
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626(h), 47 U.S.C. § 546(h), City staff and/or their designee(s) are authorized to enter into
Franchise renewal and/or extension negotiations with Comcast, to prepare informal renewal
proposals and to respond to informal renewal proposals from Comcast, to communicate with
Comcast on the City's behalf, to perform past performance and needs assessment reviews, and
to take all other steps and actions necessary or desired to engage in the informal renewal
process and/or to comply with applicable laws, regulations, orders and decisions. The City will
provide adequate public notice of and an opportunity to comment on any informal Franchise
renewal proposal(s) submitted by Comcast before taking any final action on such proposal(s).
SECTION VI. City staff and/or their designee(s) may establish procedures and dates for
the conduct of any hearings, meetings and/or surveys related to any Section 626(a) proceedings
or the informal renewal process, and may establish procedures and dates for the submission of
testimony and other information in connection with such proceedings and/or the informal
renewal process.
SECTION VII. City staff and/or their designee(s) are authorized to request and require
Comcast and its affiliates and subsidiaries to submit such information as may be deemed
appropriate in connection with any Section 626(a) proceedings or the informal renewal process
under Section 626(h) (including any needs assessment(s) or past performance review(s)
associated therewith), to the maximum extent permitted by the Franchise and applicable laws,
ordinances, regulations, resolutions, settlement agreements, and memoranda of
understanding, to gather such other information from other persons, agencies or sources as
may be deemed appropriate, and to take such further steps as may be needed or desired to
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ensure the City and the public's cable-related needs and interests are satisfied and fully
protected consistent with applicable law.
SECTION VIII. Nothing in this Resolution shall be construed to waive or limit the City's
authority, rights, remedies and defenses under applicable agreements, laws, regulations, orders
and decisions.
SECTION IX. City staff shall keep the City fully appraised of the status and progress of
the formal and informal renewal processes, as appropriate.
SECTION X. This Resolution shall become effective immediately upon adoption.
PASSED BY THE CITY COUNCIL this 6th day of June , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 6th day of June _, 2011.
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Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
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