HomeMy WebLinkAboutRes 05-42 Extending the Cable Television Franchise with Time Warner CableCITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
STAFF REPORT
REQUEST: Request for approval of the extension of City of Palm Desert Cable Television
Franchise with Time Wamer from July 1, 2005 through June 30, 2006.
SUBMITTED BY: Robert Kohn, Contracts Administrator
DATE: June 9, 2005
CONTENTS: Resolution No. 05-42 extending the cable television franchise with
Time Warner through June 30, 2006
Recommendation: Waive the reading and adopt Resolution No. 05-42 extending
The Cable Television Franchise with Time Wamer Cable through June 30, 2006.
Executive Summary: The City of Palm Desert and its Special Counsel Bill Rudell of Richards,
Watson, & Gershon have been attempting to work with Time Warner to negotiate a new cable
television franchise agreement. There has been some progress towards a new agreement, but
the one significant remaining item is the term of the agreement.
Discussion: The current agreement is due to expire June 30, 2005. With some progress being
made in negotiations, staff is recommending that the City Council extend the existing agreement
for one year. Staff and Special Counsel will continue to negotiate a new agreement. As Council
is aware, the City's ability to regulate the cable company and to demand certain items or
"benefits" outside of the franchise fees has diminished over the past few years by in part due to
competition from satellite television providers. However, staff will continue to engage in
discussions with Time Warner regarding the cable television franchise renewal.
Submitted by:
ROBERT P. KOHN,
Director of Special Programs
Approval:
City Manager
ment
- 'SHEILA GILLIGAN
ACM/COMMUNITY S
ES DIVISION
RESOLUTION NO. 05-42
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 30th, 2005
THROUGH June 30, 2006.
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. 04-59, extending the expiration of
the cable franchise granted to Time Warner to June 30, 2004; and
WHEREAS, the City of Palm Desert adopted Resolution No. , extending the expiration of
the cable franchise granted to Time Warner to June 30, 2005; 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, BE 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 ofJune 30th, 2005, to no later than the 30th ofJune 2006, 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 23rd day ofJune, 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
RACHELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA