HomeMy WebLinkAboutMINUTES - 08172004 - C87 !•.yy�d
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TO: BOARD OF SUPERVISORS
.,....� ;;.: COSTA
" - COUNTY
FROM: John Sweeten, County Administrator
DATE: August 9, 2004
SUBJECT: Toll the Response Time for Comcast's RFRP
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT the resolution tolling Comcast's time to respond to the County's Request for Renewal
Proposal by sixty (60) days.
FISCAL IMPACT:
None.
BACKGROUND:
On August 3, 2004 the Board of Supervisors adopted Resolution No. 2004/414 approving and
adopting the" Joint Report on Cable-Related needs and Interests and Operator Past
Performance" dated June 17, 2004, and authorizing the issuance of the "Joint Request for
Renewal Proposal for Cable Franchises„ ("RFRP") dated August 3, 2004; and establishing a
submission deadline of October 5, 2004.
On the day of the Board meeting, Comcast informed the County that they wished to continue
informal negotiations and, in order to allow time for those negotiations to proceed, they request
that the time related to the Response Date be suspended.
After a conference call with Consortium members, the jurisdictions agreed that each would toll the
response time for sixty (60) days to allow the Consortium negotiating team and Comcast to
continue informal negotiations.
If the Board does not toll the response time, staff will not be a party to the informal negotiations
and the RFRP will remain due on October 5, 2004. Since Comcast has verbally provided a
proposal to consider, staff recommends tolling the response time for sixty (60) days to continue
informal negotiations.
CONTINUED ON ATTACHMENT: —YES SIGNATURE:
�RECOMMENDATION OF COUNTY ADMINISTRATOR_,,_RECOMMENDATION OF BOARD COMMITTEE
:s-APPROVE OTHER
SIGNATURE(
ACTION OF BOAA ON APPROVED AS RECOMMENDED' OTHER
f Jf
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT i } TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKER!AND ENTERED
ABSENT: - ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED' I e r
JOHN SV#EETEN,CLERK OF
THE BOARD OF SUPERVISORS
cc:CAO AND COUNTY ADMINISTRATOR
Director.Office of Communications and Media
Comcast
BY iry a s � J€` ,DEPUTY
RESOLUTION NO. 2004/455
RESOLUTION OF THE COUNTY OF CONTRA COSTA,
CALIFORNIA,TOLLING THE RUNNING OF THE TIME
IN WHICH CERTAIN CABLE OPERATORS
CONTROLLED BY COMCAST CORPORATION MUST
RESPOND TO THE REQUEST FOR RENEWAL
PROPOSALS ISSUED BY THE COUNTY OF CONTRA
COSTA
The Board of Supervisors of the County of Contra Costa resolves as follows: :
WHEREAS, Comcast Corporation controls certain subsidiary corporations that conduct
business operations in the County of Contra Costa(the "County"), including: TCI Cablevision of
California, Inc., now operating as Comcast of California IX, Inc.; Televents of East County, now
operating as Comcast of California IV, Inc.; Televents, Inc., now operating as Comcast of
California I, Inc.; Tele-Vue Systems, Inc., now operating as Comcast of California/Colorado/
Texas/Washington, Inc.; AT&T Broadband HC of Delaware, LLC, now operating as Comcast
of California/Colorado, Inc.; UACC Midwest, Inc., now operating as Comcast of California/
Massachusetts/Michigan/Utah, Inc.; TCI of East San Fernando Valley, LP,now operating as
Comcast of East San Fernando Valley, LP; Contra Costa Cable Company, now operating as
Comcast of Contra Costa, Inc.; and Crockett Cable Systems, Inc., now operating as Comcast of
California VIII, Inc. (collectively referred to as the "Franchisees"); and
WHEREAS, each of the Franchisees holds a cable television franchise granted by the
County (the"Franchises"); and
WHEREAS, consistent with federal law, the County commenced a proceeding to review
the past performance of the Franchisees, and to ascertain the future cable-related needs and
interests of the community; and
WHEREAS, the County and the Franchisees have been engaged in informal negotiations
related to the renewal of the Franchises pursuant to 47 U.S.C. § 546(h), but have been unable to
agree on the terms of renewal franchises; and
WHEREAS, on August 3, 2004,the Board of Supervisors adopted a Joint Report on
Cable-Related Needs and Interests and Operator Past Performance, closed the ascertainment
proceeding, and authorized the issuance of a Request for Renewal Proposals ("RFRP"), pursuant
to 47 U.S.C. § 546(b); and
WHEREAS the RFRP was formally released on August 5, 2004; and
WHEREAS, the RFRP established a deadline of October 5, 2004, for the Franchisees to
submit a formal proposal (the "Response Date"); and
WHEREAS,the Franchisees have informed the County that they wish to continue to
informal negotiations with the County, and, in order to allow time for those negotiations to
proceed, wish to suspend the running of time related to the Response Date; and
WHEREAS,the Board finds it in the hest interest of the County to suspend the formal
cable television renewal process for a period of sixty (60)days, in order to allow time for the
Franchisees to present the County with a new informal proposal and resume informal
negotiations with County representatives,
NOW,THEREFORE, BE IT RESOLVED AND ORDERED by the County of Contra Costa,
as follows:
Section 1. The running of the time between issuance of the RFRP and the Response Date is
hereby suspended for a period of sixty(60)clays, beginning on the date of this resolution.
Section 2. At the end of the sixty-day tolling period,the running of the time shall
immediately recommence and the Response Date shall be recalculated,taking into account the
number of days already elapsed between the date of issuance of the RFRP and the date of this
resolution, and the Franchisees shall submit a formal proposal in response to the RFRP on the
new Response Date.
Section 3. The County Administrator shall have the authority to farther toll the time for
submitting a formal proposal, subject to such conditions as he deems appropriate.
This Resolution shall be effective immediately upon passage.
Adopted this Resolution on August 17,2004 by the following vote:
AYES: -TPMI-qM Ui KF %, MEMM, I3EaAtMIM AND GIAVM .
NOES: bm
ABSENT: SUpk�ty cM GIOIA
ABSTAIN:
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes & P U
«�f
.....�,� w% �+C-;"viSCICS on the
date shown.
ATTESTED
JOHN SWEETEN, Clerk of the Board
of S{upe'yvisors o'hd County Administrator
E3y�%'/�.�'`��.-� .%:tax. {-.__
Deputy
RESMMON NO. 2O04/455
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