HomeMy WebLinkAboutMINUTES - 09162003 - C.49 CONTRA
e, NIX,
COSTA
TO, BOARD OF SUPERVISORS e COUNTY
FROM. John Sweeten, County Administrator
DATE, August 26, 2003
SUBJECT. Second amendment to access Agreement with the Cable Systems
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICAM
€ € TILy
APPROVE the second amendment to the "Agreement for the Delivery of Access Programming
Contra Costa County"' belhveen the county and the following systems operating in Contra Costa you qty:
T € Cableviskon of California, Inc.; Televents of East County; T leve t , Inc,; Tele-Vue Systems, Inc.;
Heritage CabIevision of Deleware, Inc.; UACC Mideast, Inc.; TCI of East San Fernando VaHev. L.P.;
Contra Costa Cable Company, and Crockett Cable Systems, inn. herein co lectsvelyy the °'caN
systems,,
FIS, IMPAC`,
None
BACKGROUND:
In 1993/1994. the County and 1 cable systems in Contra Costa County entered �t� wsten
agreement entitled "Agreement fon, the Delivery of AccessProgrammingn Contra Costa County" ( the
;Agreement") which ears the provision of Clounty-w de PEG programming by the County on C8ntr
Cos
t € io CC '). That agreement rovided for the distr€bution of `['V single dedicated
channel. Channel Harders were agreed upon with each cable systems: signing the agreement,
After the transfer or most cable systems t AT&T Corp. and the upgrade of some of their systems to
dig€ta`, AT&T reauested t move CCTV to a common charnel (Channel 7". On 0ctober 1 7; 00, the
Board approved an amendment to the agreement to the move subject to the terms and conditions
specified. F
C0N T:NUED vNATTACHW,F T�° : YES S:GNATURE: f
F3�M ? �4T ? Ua x9 C T ia:OR RE OM ENDAT:ON OF BOARD CO?�9�xMEE
OTHER
� �€ u to . _ fig—�A COW 'DED' ETHER
r
VOTE OF SUPERVE OR
HEREBY CERT:FSI THAT THIS€S A
TRUE AND CORRECT COPY OF AN
a NOES! ACTMN TAKEN AND ENTERED
ASSENT: ABS-MN: ON MINUTE OF T# E BOARD OF
SUPERMWRS ON THE DATE SHOWN.
sr" r
j0�t� CLERK OF
THE
BOARD
�^��3r��SUPERVISORS'
CAO +y q 1�'e�D v1,UN t E�c+b�±II}MS H STcA S OR
Many of the cable systems have moved CCTV to Charnel 27. However, the upgrade of then systems
has not been completed as proposed in the prior agreement. The Cite of M rVnez is now going
through the upgrade process and the cable system in that area has requested that CCTV be moved
to Channel 15 on a temporary Hneup and after the -upgrade mowed to Channel 27. In accordance
with. the prior agreement the cable systems had agreed not to move the channel throughout the
rar a_n g tare of the Agreement, with the exception of mustcarry or retransmission consent.
CCTV has d ve op d a viewership and charging the channel is a disruption to viewers and requires
change -{ all promot€oral, materials, staff has negotiated the teras and conditions specled in the
attached Second Amendment with the cate sletemsrepresentatives.
�f the cable systems agree to these terms and conditions, staff recommends that the Board of
Supervisors approves the Second Amendment to the Agreement,
SECOND A MENN ` TO THE AGREEMENT
FOR d HE DELIVERY OF ACCESS PROGRAMMTNTG
.E.N CONTRA COSTS COUNTY
This anendrnert to the agreement referenced it paragraph A ("Arnerdin.ent") is entered
into ora••. Septeriiber 9, 2003 by and bet�veers the County of Contra Costa, a political
subdivision of the State of California(the "County") and the fallowing syste_ns operating
in Contra Costa Co-,mty: TC1 Cablevision of Califon-nda, Inc., Televen is of fast County;
sieve :s, �r c,9 eye I e Systerns, Inc., Heritage Cablevision, of Deaeware, Inc., UACC
Midwest, Inc.; TCI of East San Fernando Valley, L.P.; Contra Costa Cable Conpany9
and Cro ckett (Zablee Systems, I.-ne. hereinafter collectively the "cable syste ins". The
parties agree as follows:
A. Previous AR--semen;
n 1993/:,394, the County and all cable systems in Contra Costa County entered into a
written agreenient entitled "Agreement for the Delivery of Access Programri^irg in
Contra Costa County' (the "Agreement"), which governs the provision of County—wide
PEG progra ming by tae Lou--aty or; Contra Costa Television ("CCTV"). As of the date
of this Amnendment, the cable co nnpanies are round by and subject to the Agreement,
The parties ainerded the Agreement on October 17, 2000 to provide for the distribution
of CCTV on a single dedicated channel, Channel 279 throughout Contra Costa Coimty.
The parties nova desire to arther arnend the Agrees exit to provide for the relocation of
CST terraporani y to Channel 15 it the Martinez area;until Dec ibe, 31, 2003 when the
rebuild is complete. At that tine, CCTV will be moved to Channel 27 as par'- of the cable
cotniWanies standardized lineup. %See attached proposed :inv charge.
B. Tennis and Conditions
The Martinez area cable system is authorized to ternporarily relocate CCTV to Channel.
5 s biect to the foil owing teas and conditions:
1. T`_e County and subscribers will be notified thirty (30) days prior to the
channel change occ ing.
2. The cable con-paiany will prom, e, at no cost to the County, C AV's
channel change by advertisements in local newspapers, ch&- el lineup
cards, TMJ Guide, Charmel billboard ads and marketing pieces sent to
custorners thirty days prior to the charmel change and thirty days after the
change. A cosy of each marketrrag piece, ad or promotion niece will be
sent to the Cable`FV Adrrrnistrato,r.
3. Within sixty (60) days of the approval of this amendment to the Amended
Agreeriert, the cable company will complete the r bei Iiink to 10 Douglas
Drive to CCTV s facility and within one hundred and twenty (120) days
fiom the Board of Supervisors' Chamber at 651 Pine Street to CCTV's
facility at 10 Douglas Drive. I.P. addition, wptd_'ri sixth' :60 days, MDTV
and Contra Caste College's signals will be directly _voted to CCTV's
facility at 10 Douglas Drive.
A she sable companies shall. not relocate CCTV to anoeher channel
throughout the remaining tenrnn. oftheir f-racise with the exception of
must canjorete @sa; shon, consent. Lq the event the Lryblycompany
w�
required to move the channel, dare ' aunty wa,',' be notified in writing thirty
days prior to the ,hatmel change.
C. DOES NOT SU? R5 DE AGR SEMEN '
Except as provided herein, al' other tPanms of the Agreennent as amended on October
17,2000 be s ns 'n fiffl force and effect.