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HomeMy WebLinkAbout088-04RESOLUTION NO. 88-2004 ADOPTING CERTAIN CABLE-RELATED NEEDS AND INTERESTS OF THE COMMUNITY AND AUTHORIZING THE ISSUANCE OF A REQUEST FOR A RENEWAL PROPOSAL FOR CABLE FRANCHISE, AND CLOSING THE INITIAL STAGE OF FORMAL FRANCHISE RENEWAL PROCEEDINGS WHEREAS, Comcast currently operates a cable system for the provision of cable service in the Town of Danville (the company and predecessor companies providing cable service are referred to collectively as "Comcast"); and WHEREAS, the Danville Town Council is the Franchising Authority for the Town of Danville; and WHEREAS, the Town of Danville is a member of and has been working with the Contra Costa Cable Consortium; and WHEREAS, the Contra Costa Cable Consortium commenced a proceeding to review the past performance of the cable operator and to ascertain the future cable-related needs and interests of the community; and WHEREAS, the Contra Costa Cable Consortium has prepared, and the Danville Town Council has received, a "Joint Report on Cable-Related Needs and Interests and Operator Past Performance," dated June 2004, ("Joint Report") identifying the cable-related needs and interests of the community, and recommending requirements to be included in a request for renewal proposals for a cable franchise, consistent with federal law; and WHEREAS, on August 3, 2004 the Danville Town Council held a public hearing on the Joint Report in order to consider the Joint Report and obtain public comments related thereto; now, therefore be it RESOLVED, that the Danville Town Council adopts the following findings and approves the following actions: 1. The Franchising Authority concludes that the cable related needs and interests of the Franchising Authority are accurately identified by the Joint Report. 2. The Joint Report is hereby adopted by the Franchising Authority as its ascertainment of the cable-related needs and interests of the community. The Franchising Authority further adopts the requirements as set forth in the Joint Report. 3. The assessment of the past performance of Comcast contained in the Joint Report is also accepted by the Franchising Authority as representative of the service levels in the Town of Danville. The Town Manager/Cable Coordinator is authorized to issue such notices as may be required to comply with federal law and the franchise. The Franchising Authority hereby closes the ascertainment of cable-related needs and interests and the review of the past performance of the operator contemplated by 47 U.S.C. §546(a). The Franchising Authority hereby establishes that the deadline for submission of responses to the Request For Renewal Proposal for cable franchise shall be October 5, 2004 at 5:00 p.m. PST. This resolution shall become effective immediately upon its passage and adoption. ADOPTED by the Danville Town Council at a regular meeting on August 3, 2004, by the following vote: AYES: Arnerich, NOES: None ABSTAIN: None ABSENT: None Doyle, Andersen, Shimansky, Stepper MAYO] APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 88-2004