HomeMy WebLinkAbout4240 Ordinance - Franchise Agr - Falcon Video Comm. AKA Charter Communication to 02.01.2016ORDINANCE NO. (-(a L/
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 February 1, 2016.
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, 2015 pursuant to
Ordinance No. 4196; 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
February 1, 2016, to give the parties additional time to complete the renewal process; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Extension of the Term of the Franchise Agreement through February
2016. The Cable Franchise, as amended, is hereby extended, subject to the terms and conditions
set forth below, until February 1, 2016 or until a new franchise agreement is agreed to by the
parties and enacted by the City.
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 the City Council of th City of Pasco, Washington, and approved as
provided by law this 2-1 day of ►0 , 2015.
Matt Watkins, Mayor
A st: Approved as to Form:
�•—q0��c
De bie ar, , ity Clerk 13. Kerr, City Attorney
EXHIBIT "A"
Acceptance of Ordinance No. y2 146
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. � passed by the City Council
on 5 1 k1l' Z , 2015, regarding the extension of the Franchise Agreement between
Grantee and the City.
FALCON VIDEO COMMUNICATIONS, L.P.
("Grantee")
By:IZAk
Name: Mark Brown
Title: V.P., Government Affairs
Date: Zal f 15