HomeMy WebLinkAboutRes 04-59 Extension Cable Television Franchise AgreementResolution No. 04-59
CITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
STAFF REPORT
REQUEST: REQUEST FOR APPROVAL OF THE EXTENSION OF THE CITY
OF PALM DESERT CABLE TELEVISION FRANCHISE
AGREEMENT WITH TIME WARNER CABLE FROM JULY 1, 2004
THROUGH JUNE 30, 2005
SUBMITTED BY: Robert Kohn, Director of Special Programs
DATE: June 24, 2004
CONTENTS: Resolution No. o4-59extending the cable television franchise with
Time Warner Cable through June 30, 2005
Recommendation:
Waive the reading and adopt Resolution No. 04-59 extending the Cable Television
Franchise Agreement with Time Warner Cable through June 30, 2005.
Executive Summary:
The City of Palm Desert and it's representative (Bill Rudell of Richards, Watson, &
Gershon) have been attempting to work with Time Warner for the past three years in an
attempt to negotiate a new cable television franchise agreement. This effort has been
aided by the Technology Committee and informal/formal discussions between City staff
and Time Warner representatives. These efforts have resulted in some progress
towards a new agreement. However, there are a couple of major obstacles to
overcome before staff can make a recommendation to Council.
Discussion:
The current agreement is due to expire June 30, 2004. With some progress being
recognized from the aforementioned negotiations, staff and the Technology Committee
(motion to renew at their June 8, 2004 meeting) are recommending that the City Council
extend the existing agreement by one year and staff continue to negotiating a new a
final agreement. The two most notable items remaining are the term of the franchise
agreement and reimbursement to Time Warner by the City of Palm Desert for relocation
and under -grounding expenses "under what Time Warner calls a forced move". As
STAFF REPORT
June 24, 2004
Time Warner Cable
Page 2
Council is aware, the City's rights to regulate the cable company and demand certain
items or "benefits" outside of the franchise fees have been diminished over the past few
years by the FCC. However, staff will continue to be open for discussions with Time
Wamer in regards to the cable television franchise renewal.
Submitted by:
ki'Cei)(4g.J
ROBERT P. OHN
Department Head:
/
SHEILA GILLItAN
Director of Special Programs ACM/Community Se ma's Division
Approval:
CARLOS ORT A
City Manager
RESOLUTION NO. 04-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA,
EXTENDING THE EXPIRATION DATE OF ITS CABLE TELEVISION FRANCHISE
AGREEMENT WITH TIME WARNER CABLE FROM June 30`h, 2004 THROUGH June 30,
2005.
WHEREAS, the City of Palm Desert adopted Resolution No. 00-66-84, extending the
expiration of the Cable Television Franchise granted to Time Warner Cable ("Time Warner") to
September 30, 2000; and
WHEREAS, the City of Palm Desert adopted Resolution No. 00-118, extending the
expiration of the cable franchise granted to Time Warner to March 31, 2001; and
WHEREAS, the City of Palm Desert adopted Resolution No. 01-44, extending the
expiration of the cable franchise granted to Time Warner to June 30, 2002; and
WHEREAS, the City of Palm Desert adopted Resolution No. 01-84, extending the
expiration of the cable franchise granted to Time Warner to June 30, 2003; and
WHEREAS, the City of Palm Desert adopted Resolution No. 03-85, extending the
expiration of the cable franchise granted to Time Warner to December 31, 2003; and
WHEREAS, the City of Palm Desert adopted Resolution No. 03-121, extending the
expiration of the cable franchise granted to Time Warner to June 30, 2004; and
WHEREAS, the City of Palm Desert and Time Warner will need additional time to
conclude negotiations relating to renewal of the Cable Television Franchise Agreement;
NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Palm
Desert, California, hereby extends the expiration date of its Cable Television Franchise
Agreement with Time Warner from the current date of June 30, 2004, to no later than the 30th
day of June 2005, for the purpose of concluding negotiations for a renewal of that franchise to
the mutual satisfaction of the parties;
IT IS FURTHER RESOLVED that neither the City of Palm Desert nor Time Warner
waive or alter any rights of renewal of the cable franchise that either party may have in law,
including, but not limited to, 47 U.S.C. Section 546, nor shall either party be bound by any draft
franchise renewal negotiation documents as a result of the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City
Council, held this 24th day of June 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
RACHELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA