HomeMy WebLinkAbout036-83 ~RESOLUTION NO. 36-83 ~-~
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RESOLUTION OF THE CITY OF DANVIT,T,R EXPRESSING
OPPOSITION TO A COMPROMISE BESWRRN NATIONAL
T.RAGUE OF CITIES AND NATIONAL CABLE TET.RVISICN
ASSOCIATION ON FEDERAL CABLE LEGISLATION.
WHEREAS, under the existing state law, the governing body of a city,
county, or city and county may grant a cable television franchise; and
WHEREAS, the City of Danville is totally dependent on cable for reception
of all television services due to the city's geographical location, and
WHEREAS, on March 4, 1983, the National League of Cities and the
National Cable Television Association agreed to cc~promise language regarding
federal cable legislation which will substantially impact both current and
future franchise agreements; and
WHEREAS, the Board of the National I~a~e of Cities approved this
language on March 6, 1983; and
WHEREAS, the City of Danville and many other cities have deteivmined
tb~t NLC bas not adequately consulted with their members prior to this
decision; and
WHEREAS, specific provisions in said cca~promise language are in direct
conflict with the proposed municipal CATV ordinance for the City of Danville:
1) The definition of concurrent jurisdiction between local
franchising authorities and the federal government removes the
area of access, service and facility requirements, renewal or
extension of franchises, among the other areas from exclusive
local jurisdiction.
2) Cable operator will no longer be contractually bound to provide
services originally offered.
3) Renewal tests as outlined are vague and will result in essentially
autanatic renewal of franchise.
4) Requirement that all franchises be brought into cc~pliance within
one year impairs contracts fairly and voluntarily negotiated and
is a usurpation of local govelmamen%'s rights, and;
5) Such regulation will have a substantial negative impact in
cc~unities where alternatives to cable are limited or non-
existent.
WHEREAS, the Board of the National League of Cities should have consulted
with its member cities prior to approving said comprauise language.
NOW, THEREFORE, BE IT RESOLVED, that the City of Danville opposes the
comprise language as approved by the Board of the National League of Cities.
BE IT FURTHER RESOLVED, that the City of Danville urges the Board of
the League of Cities to oppose the cc~prc~ise as approved by the National
League of Cities on March 6, 1983.
BE IT FURTHER RESOLVED, that the City of Danville will forward its
specific concerns to the NLC, its congressional delegation and urge the
League of California Cities to work with its member cities to develop specific
legislative provisions to protect the ability of local jurisdictions to negotiate
and enforce local cable franchises.
PASSED, APPROVED AND ADOPTED this 18th day of April, 1983, by the following
vote:
AYES: Lane, May,Mc Neely, 0ffenhartz, Schlendorf
NOES: None
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