HomeMy WebLinkAbout104-04RESOLUTION NO. 104-2004
TOLLING THE RUNNING OF THE TIME IN WHICH
COMCAST CORPORATION MUST RESPOND TO THE
REQUEST FOR RENEWAL PROPOSAL ISSUED BY THE
TOWN OF DANVILLE
WHEREAS, Comcast Corporation 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 Corporation"); and
WHEREAS, Comcast Corporation holds a cable television franchise granted by the Town
of Danville; and
WHEREAS, consistent with federal law, the Town, as part of the Contra Costa Cable
Consortium, commenced a proceeding to review the past performance of the Franchisees,
and to ascertain the future cable-related needs and interests of the community; and
WHEREAS, the Town and Comcast Corporafion have been engaged in informal
negotiations related to the renewal of the Franchise pursuant to 47 U.S.C. § 546(h), but have
been unable to agree on the terms of renewal franchises; and
WHEREAS, on August 3, 2004, the Town Council adopted a Joint Report on Cable-Related
Needs and Interests and Operator Past Performance, closed the ascertainment proceeding,
and authorized the issuance of a Request for Renewal Proposal ("RFRP"), pursuant to 47
U.S.C. § 546(b); and
WHEREAS the RFRP was formally released on August 6, 2004; and
WHEREAS, the RFRP established a deadline of October 5, 2004, for the Franchisee to
submit a formal proposal (the "Response Date"); and
WHEREAS, the Franchisee has informed the Town that they wish to continue informal
negotiations with the Town, and, in order to allow time for those negotiafions to proceed,
wish to suspend the running of time related to the Response Date; and
WHEREAS, the Council finds it in the best interest of the Town to suspend the formal cable
television renewal process for a period of sixty (60) days, in order to allow time for the
Franchisee to present the Town with a new informal proposal and resume informal
negotiations with Town representatives; now therefore, be it
RESOLVED, by the Town of Danville, as follows:
Section 1. The running of the time between issuance of the RFRP and the Response Date
is hereby suspended for a period of sixty (60) days, beginning on the date of this resolution.
Section 2. At the end of the sixty-day tolling period, the running of the time shall
immediately recommence and the Response Date shall be recalculated, taking into account
the number of days already elapsed between the date of issuance of the RFRP and the date
of this resolution, and the Franchisees shall submit a formal proposal in response to the
RFRP on the new Response Date.
Section 3. The Town Administrator shall have the authority to further toll the time for
submitting a formal proposal, subject to such conditions as he deems appropriate.
This Resolution shall be effective immediately upon its passage and adoption.
ADOPTED by the Danville Town Council at a regular meeting on September 7, 2004, by
the following vote:
AYES: Arnerich,
NOES: None
ABSTAIN: None
ABSENT: None
Doyle, Andersen,
Shimansky, Stepper
APPROVED AS TO FORM:
CITY ATTORNEY ~z-z~
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 104-2004