HomeMy WebLinkAboutItem 03 Comcast Franchise Extension AGENDA ITEM SUMMARY Meeting Date: 7/2/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Neil Obringer Staff Phone No: 541-736-1032
Estimated Time: 5 min
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and
Facilities ITEM TITLE: COMCAST FRANCHISE EXTENSION
ACTION
REQUESTED:
Adopt/not adopt the following ordinance: AN ORDINANCE TO EXTEND THE
TERM OF ORDINANCE 6208 GRANTING TO COMCAST OF OREGON II, INC. A FRANCHISE FOR OPERATION A CABLE TELECOMMUNICATIONS SYSTEM, ADOPTING A SEVERABILITY CLAUSE, DECLARING
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
ISSUE STATEMENT: Shall the City Council extend Comcast’s existing cable franchise until January 1, 2019, to allow the parties to complete their renewal negotiations?
ATTACHMENTS: Attachment 1: Ordinance
DISCUSSION/
FINANCIAL IMPACT:
The City of Springfield, City of Eugene, and Lane County together have granted a
franchise to Comcast of Oregon II, Inc. for the operation of a cable telecommunications system. The Metropolitan Policy Commission (MPC) is the
entity designated by the three jurisdictions to administer the franchise.
The existing franchise expires on August 1, 2018. The federal Cable Act requires
cable providers to have franchises and provides for a renewal process. The MPC
together with the Cities of Springfield and Eugene and Lane County are in the process of negotiating a ten-year franchise renewal with Comcast. The parties
anticipate that the negotiations for a renewed franchise agreement will be completed later this fall.
Staff requests that Council adopt an ordinance to extend the existing franchise agreement until January 1, 2019, to prevent a lapse in the franchise agreement after August 1 and to allow the parties to conclude the renewal negotiations. No changes
to the terms and conditions of the existing franchise are proposed for this short-term extension. The Council will be asked to formally adopt an ordinance renewing Comcast’s franchise for a ten-year term once the renewal negotiations are
completed.
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CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (EMERGENCY)
AN ORDINANCE TO EXTEND THE TERM OF ORDINANCE 6208 GRANTING TO COMCAST OF
OREGON II, INC. A FRANCHISE FOR OPERATION A CABLE TELECOMMUNICATIONS
SYSTEM, ADOPTING A SEVERABILITY CLAUSE, DECLARING EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Cities of Springfield and Eugene together with Lane County granted a franchise to
Comcast of Oregon II, Inc. (“Comcast”) for the operation of a cable communication system and have
designated the Metropolitan Policy Commission (MPC) as the representative of the local franchising
authorities in administration of the franchise;
WHEREAS, the City of Springfield enacted Ordinance 5567 on May 20, 1991, granting said franchise;
WHEREAS, the City of Springfield enacted Ordinance 6208 on November 20, 2007, amending and
renewing said franchise through August 1, 2018;
WHEREAS, the federal Cable Act requires a franchise for the operation of cable telecommunications
systems and provides for a formal or informal renewal process under the Cable Act;
WHEREAS, the Cities of Springfield and Eugene, Lane County, and Comcast are currently negotiating
under the Cable Act’s informal process to renew Comcast’s cable franchise and the parties anticipate
those negotiations will not be completed prior to August 1, 2018; and
WHEREAS, the Cities of Springfield and Eugene, and Lane County have determined that it serves the
public welfare to extend the term of the current franchise from August 1, 2018 to January 1, 2019,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The franchise granted to Comcast in Ordinance 6208 shall be extended up to and
through January 1, 2019.
Section 2. The City and Comcast agree that execution of this extension does not waive any
rights that either party may have under Section 626 of the Cable Act or other provision of federal,
state, or local law.
Section 3. Savings Clause. Other than the duration of the franchise set forth herein,
Ordinance 6208 shall continue in full force and effect.
Section 4. Effective date of Ordinance. It is hereby found and determined that the matters
relating to the extension of this Franchise are matters affecting public welfare and that an emergency
therefore exists, and this Ordinance shall therefore take effect immediately upon its passage by the
Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this ___ day of ___________, ____,
by a vote of _____ for and ____ against.
Attachment 1, Page 1 of 2
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APPROVED by the Mayor of the City of Springfield this ______ day of ____________, ____.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 1, Page 2 of 2