HomeMy WebLinkAboutMINUTES - 11302004 - C150 ���•rT r t••r ���•
TO: BOARD OF SUPERVISORS
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FROM: John Sweeten, County Administrator Fr5•`.:_� ,f'-• tk � t�,�
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COSTA
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DATE: November 18, 2004 ,MT)
SUBJECT: Extension of Comcast Cable TV Licenses
SPECIFIC REQUEST(S)S OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
EXTEND Cable Television Licenses for LenComm, Inc. dba Bay Cablevision; Century Cable of
Northern California; Tele-Vue Systems, Inc. dba Viacom Cable; Televents, Inc.dba TCI
Cablevision of Contra Costa County; Chronicle Publishing Company dba Concord TV Cable; and
UACC Midwest, Inc. dba TCI Cablevision of Walnut Creek; Contra Costa Cable Company;
Crockett Cable Systems, Inc.; Televents, Inc.; and Televents of East County, Inc. on a month to
month extension basis until termindated by providing thirty days written notice.
FINANCIAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
On June 22, 2004, the Board extended the licenses of LenComm, Inc. dba Bay Cablevision;
Century Cable of Northern California; Tele-Vue Systems, Inc. dba Viacom Cable; Televents,
Inc.dba TCI Cablevision of Contra Costa County; Chronicle Publishing Company dba Concord TV
Cable; and UACC Midwest, Inc. dba TCI Cablevision of Walnut Creek to December 3, 2004.
On December 2, 2003, the Board of Supervisors approved extensions for cable television
licenses for Contra Costa Cable Company; Crockett Cable Systems, Inc.; Televents, Inc.; and
Televents of East County, Inc..
The systems are currently finalizing an agreement for the transfer of control of the systems to
Comcast and are also negotiating with staff to renew their cable television licenses. It is
necessary to extend the term of the cable television licenses to allow time to complete these
negotiations. Extending only on a thirty days basis allows the County to move quickly to terminate
the licenses if the situation appears to warrant it.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
►PPROVE OTHER
SIGNATURE(S).
ACTION OF BO 7DN APPROVED AS RECOMMENDED ' R
VOTE OF SUPERVISORS
�'-�'`�.�' I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED Gi
JOHN SWEETEN,CLERK OF
THE BOARD OF SUPERVISORS
A D COUNTY ADMINISTRATOR
cc:CAO
Comcast
Office of County Counsel B ,.. UTY
Office of Communications and Media
The County has extended the deadline twice for Comcast to respond to the RFRP in the formal
process, which was initiated on August 17, 2004 by the Board of Supervisors, to continue to
negotiate with Comcast to reach an agreement. Their RFRP is due February 5, 2005 unless a
renewal agreement is reached.
If the Board denies these extensions, Comcast licenses will terminate as of July 12, 2004. Staff
recommends that the Board approve these extensions. If approved, staff will continue to work with
the consortium of cities and Comcast to resolve outstanding transfer and renewal issues.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order an, November 30, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOE S: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Extending Cable Television Licenses Resolution No.2004/630
for LenComm, Inc; Century Cable of Northern
California, Tele-Vue Systems, Inc.; Televents, Inc.)
Chronicle Publishing Company; and UACC Midwest, Inc.)
WHEREAS on July 12, 1994,the Board granted non-exclusive licenses to LenComm, Inc.
dba Bay Cablevision; Century Cable of Northern California; Tele-Vue Systems, Inc. dba Viacom Cable;
Televents, Inc.dba TCI Cablevision of Contra Costa County; Chronicle Publishing Company dba Concord
TV Cable; and UACC Midwest, Inc. dba TCI Cablevision of Walnut Creek(hereafter collectively referred
to as the "Licensees")to operate and maintain cable television licenses in areas of unincorporated Contra
Costa County in accordance with Division 58 of the County Ordinance Code (Ordinance No.93-55); and
WHEREAS the above described licenses will expire on July 12,2004; and
WHEREAS the Licensees transferred the control of their systems on February 9, 1999 to AT&T
Corp.; and
WHEREAS the Licensees have since transferred control of these systems to Comcast and,
although the Licensees have not yet obtained County approval of said transfer, are working with the County
to resolve outstanding issues such as technical quality concerns; and
WHEREAS the County has completed a cable television needs assessment in cooperation with
ten cities and is currently in negotiations with Comcast for the renewal of said franchises; and
WHEREAS the County and the Licensees desire to resolve these issues and successfully complete
renewal negotiations;
NOW THEREFORE, BE IT RESOLVED that the above-described licenses are extended on an
automatic month to month extension basis until terminated by providing thirty days written notice.
BE IT FURTHER RESOLVED that the granting of this extension shall not: (1) be deemed a
waiver of any of the requirements applicable to the above-described licenses,including without limitation the
Licensees' obligation to pay license fees thereunder; (2)in any way affect the rights and remedies available
to the County in the event that the license fee matters described above are not resolved; and (3) affect the
County's right and ability to consider all relevant matters, including without limitation the license fee matters
described above, in deciding whether to grant the Licensees' applications for renewal.
cc: Director, Office of Communications and Media I hereby certify that this is a true and correct
Office of County Counsel copy of an action taken and entered on the
Comcast minutes of the Board of Supervisors on the
date shown.
ATTESTED:
JOHN SWEETEN, Clerk of the Board
of Supervisors and County Administrator
By Deputy
RESOLUTION NO. 2004/630
C.41 �
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on, (W the following vote:
Mnlrombar 30 20
AYES: aVffvj"9() glioda, M-1kema, a-eff]bE�'g, DOS"rder and 2mer
NOES: Now
ABSENT:
ABSTAIN:
SUBJECT: Extending Cable Television Resolution No.200474
License to Contra Costa Cable Company)
And Crockett Cable Systems,Inc.
WHEREAS on April 24, 1984,the Board granted a non-exclusive license to Viacom Cablevision
(Contra Costa Cable Company and Crockett Cable Systems,Inc.)to construct,operate and maintain cable
television systems in the Crockett— Rodeo, El Sobrante and San Pablo areas in conformance with the
provisions of County Ordinance No.82-28;and
WHEREAS through its acquisition of Viacom Cablevision,TCI Communications,Inc.(TCIC)
has acquired control of the above—described license;and
WHEREAS the above described license expired in May, 1999; and
WHEREAS the Licensees (Contra Costa Cable Company and Crockett Cable Systems, Inc.)
desire to renew their license;and
WHEREAS Contra Costa Cable Company and Crockett Cable Systems, Inc. transferred the
control of their systems on February 9, 1999 to AT&T Corp.;and
WHEREAS the County has completed a cable television needs assessment in cooperation with
ten cities and is currently in negotiations with AT&T,;and
WHEREAS the County is working with AT&T to resolve technical quality concerns and transfer
of control negotiations;and
WHEREAS the County and the Licensees desire to resolve these issues and successfully complete
renewal negotiations;
NOW THEREFORE,BE IT RESOLVED that the above-described licenses are extended on an
automatic month to month extension basis until terminated by providing thirty days written notice.
BE IT FURTHER RESOLVED that the granting of this extension shall not: (1)be deemed a
waiver of any of the requirements applicable to the above-described licenses,including without limitation the
Licensees' obligation to pay license fees thereunder;(2)in any way affect the rights and remedies available
to the County in the event that the license fee matters described above are not resolved; and(3)affect the
County's right and ability to consider all relevant matters,including without limitation the license fee matters
described above,in deciding whether to grant the Licensees'applications for renewal.
cc: Cable TV Administer I hereby certify that this Is a.true and correct
Office of County Counsel copy of an action taken and entered on the
AT&T Broadband minutes of the Board of Supervisors on the
date shown. L
ATTESTED:
JOHN S EETEN,Clerk of the Board
of Su sors and Cou dministrator
By X=and
RESOLUTION NO. 2004/674
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on, Nw -30 M by the following vote:
AYES: P.rV1S0r'S Gioia , (terg, and (Rover
NOES:
NChP-
ABSENT: Nom
ABSTAIN:
s
SUBJECT: Extending Cable Television) Resolution No.2004/675
Licenses to Televents,Inc.and)
Televents of East County,Inc.)
WHEREAS on November 1, 1982 and November 29, 1982,the Board granted non-exclusive
licenses to Televents,Inc.to construct,operate and maintain cable television systems in the unincorporated
Southern (Danville-Alamo area) and Northern (Lamorinda area) portions of Contra Costa County in
accordance with Division 58 of the County Ordinance Code(Ordinance No.82-28);and
WHEREAS on December 30, 1982,the Board granted a non-exclusive license to Televents of
East County,Inc.to construct,operate and maintain a cable television system in the unincorporated Eastern
portion of Contra Costa County(Brentwood area)in accordance with Division 58 of the County Ordinance
Code(Ordinance No. 82-28);and
WHEREAS the above described licenses expire on November 1,1997,November 29, 1997 and
December 30, 1997,respectively;and
WHEREAS the licensees desire to renew their licenses;and
WHEREAS Televents,Inc.and Televents of East County,Inc.have transferred the control of
their systems to AT&T Corp.on February 9, 1999;and
WHEREAS the County has completed the cable television needs assessment in cooperation with
ten cities and is currently negotiating with AT&T;and
WHEREAS the County is still working with AT&T to complete acceptable transfer of control
negotiations;and
WHEREAS the County and the Licensees desire to successfully complete renewal negotiations;
NOW THEREFORE,BE IT RESOLVED that the above-described licenses are extended on an
automatic month to month extension basis until terminated by providing thirty days written notice.
BE IT FURTHER RESOLVED that the granting of this extension shall not: (1)be deemed a
waiver of any of the requirements applicable to the above-described licenses,including without limitation the
Licensees'obligation to pay license fees thereunder;(2)in any way affect the rights and remedies available
to the County in the event that the license fee matters described above are not resolved;and(3)affect the
County's right and ability to consider all relevant matters,including without limitation the license fee matters
described above,in deciding whether to grant the Licensees' applications for renewal.
cc: Cable TV Administrator I hereby certify that this Is a true and correct
Office of County Counsel copy of an action taken apd entered on the
AT&T Broadband minutes of the Board of Supervisors on the
date shown.
ATTESTED:
JOHN SWEETEN,Clerk of the Board
of sunowrs and C un dministrator
gy eputy
RESOLUTION NO. 2004/C75