HomeMy WebLinkAbout4172 Ordinance - Franchise Agr - Falcon Video Comm. AKA Charter Communication to 12.31.2014ORDINANCE NO. q/ 7
An ORDINANCE of the City of Pasco, Washington, Extending
the Cable Television Franchise Agreement with Falcon Video
Communications, L.P., locally known as Charter Communications, Inc.,.
hereinafter referred to as "Grantee" Through December 31, 2014.
WHEREAS, cable providers are required to hold a franchise agreement with the City of
Pasco ( "City") to use the City's public right -of -way to provide cable services; and
WHEREAS, the current cable franchise agreement was entered into pursuant to
Ordinance No. 3304 ( "Cable Franchise ") on June 20, 1998; and
WHEREAS, control of Grantee was subsequently transferred from Falcon
Communications, L.P., to Charter Communications Holding Company, L.L.C., pursuant to
Resolution No. 2468; and
WHEREAS, the Cable Franchise is due to expire on September 30, 2014 pursuant to
Ordinance No. 4159; and
WHEREAS, Grantee and the City have been engaged in informal renewal negotiations
in accordance with Section 626(h) of Title VI of the Communications Act of 1934, as amended
(the "Cable Act "); and
WHEREAS, the City has been conducting franchise renewal ascertainment in
accordance with Section 626(a)(1) of the Cable Act; and
WHEREAS, the parties continue to reserve all rights under the formal procedures of
Section 626 of the Cable Act, and do not waive any rights related thereto; and
WHEREAS, Grantee has filed timely notice of intent to renew its Franchise Agreement
with City pursuant to Section 626 of the Cable Act; and
WHEREAS, the City is willing to grant an extension of the current Franchise until
December 31, 2014, to give the parties additional time to initiate a transfer of control process of
this franchise; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Extension of the Tenn of the Franchise Agreement through December 31
2014. The Cable Franchise, as amended, is hereby extended, subject to the terms and conditions
set forth below, until December 31, 2014.
Section 2. Terms and Conditions of Extension of the Franchise Agreement. The
City's consent to the extension, described above, is subject to, and conditioned upon, the
following terms and conditions:
A. All terms and conditions of the existing Franchise Agreement shall remain in full
force and effect during the extension period.
B. The extension shall have no adverse effect on Grantee's compliance, nor shall the
extension be grounds for any change or modification in the remaining terms, conditions and
obligations of the Franchise Agreement.
C. The City and Grantee's agreement to extend the Franchise Agreement, as set forth
herein, shall not be construed, in any manner whatsoever, to constitute a waiver or release of any
rights that the City or the Grantee may have under the Franchise Agreement.
D. Both parties hereby reserve all rights under applicable provisions of the Cable Act,
including, without limitation, Sections 626 and 635 of the Cable Act. Nothing herein shall be
deemed or construed as a waiver, release or surrender of any right that either party may have
under the Cable Act or any applicable law.
E. Within twelve (12) days after passage of this Ordinance by the City Council,
Grantee shall file with the City Clerk its written acceptance of this Ordinance, substantially in the
form of Exhibit A, attached hereto.
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by th City Com ci] f the City of Pasco, Washington, and approved as
provided bylaw this P ? day of {�liA f 2014.
Matt Watkins, Mayor
A st:
i
De bie Clark, City Cler
Approv as Form:
Leland B. Kerr, City Attorney
EXHIBIT "A"
Acceptance of Ordinance No. 4r' 7 Z
TO: City of Pasco, Washington
Attention: Dave Zabell, City Manager
Pasco City Hall
P.O. Box 293
Pasco, WA 99301
This is to advise the City of Pasco that Falcon Video Communications, L.P. (the
"Grantee "), hereby unqualifiedly accepts Ordinance No. -L4/-7Z-passed by the City Council
on X °Ih C Is 2014, regarding the extension of the Franchise Agreement between
Grantee and the City.
FALCON VIDEO COMMUNICATIONS, L.P.
( "Grantee ")
Name: Mark Brown
Title: V.P., Government Affairs
Date: CAL' �,r l9.,