HomeMy WebLinkAboutItem 06 Comcast Franchise Extension AGENDA ITEM SUMMARY Meeting Date: 12/3/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Neil Obringer / DPW
Kristina Kraaz / CAO
Staff Phone No: 541-736-1032
541-744-4061
Estimated Time: Consent Calendar
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 or reject the following ordinance: AN ORDINANCE TO EXTEND THE
TERM OF ORDINANCE 6385 GRANTING TO COMCAST OF OREGON II,
INC. A FRANCHISE FOR OPERATION OF A CABLE
TELECOMMUNICATIONS SYSTEM AND ADOPTING A SEVERABILITY
CLAUSE (SECOND READING)
ISSUE
STATEMENT:
Shall the City Council extend Comcast’s existing cable franchise until June 30,
2020, 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 Committee (MPC) is the
entity designated by the three jurisdictions to administer the franchise.
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 existing franchise expired on August 1, 2018. On July, 2 2018 the Council
adopted a first extension of the original franchise through January 1, 2019. The
parties involved have not been able to reach agreement on the franchise renewal
due to two outstanding issues: (1) Proposed changes in federal law to how cable
franchises are to be administered and (2) A “competitive equity” addendum
proposed by Comcast, which staff does not believe is in the City’s best interest.
Staff requests that Council adopt an ordinance to extend the existing franchise
agreement until June 30, 2020, to prevent a lapse in the franchise agreement 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.
Page 1 of 2
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (SPECIAL)
AN ORDINANCE TO EXTEND THE TERM OF ORDINANCE 6385 GRANTING TO COMCAST OF
OREGON II, INC. A FRANCHISE FOR OPERATION OF A CABLE TELECOMMUNICATIONS
SYSTEM AND ADOPTING A SEVERABILITY CLAUSE
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 Committee (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 City of Springfield enacted Ordinance 6385 on July 2, 2018, extending said franchise
for an additional period through January 1, 2019;
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 January 1, 2019;
WHEREAS, the Metropolitan Policy Committee met on October 4, 2018 and recommended that the
current franchise be extended for an additional eighteen months to allow more time for the parties to
negotiate a renewed franchise; 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 franchise from January 1, 2019 through June 30, 2020,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The franchise granted to Comcast in Ordinance 6208 and extended by Ordinance
6385 shall be extended up to and through June 30, 2020.
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 and Ordinance 6385 shall continue in full force and effect.
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
Page 2 of 2
APPROVED by the Mayor of the City of Springfield this ______ day of ____________, ____.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
ACCEPTED this ______ day of ____________, ____ by Comcast of Oregon II, Inc.
__________________________
By
__________________________
Its
Attachment 1, Page 2 of 2