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HomeMy WebLinkAboutRESOLUTIONS - 08032004 - 2004 RES 414 TIDE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 3, 20014 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER . •�. AND GLOVER NOES: NONE , Ab R3 i ABSENT: NONE , ABSTAIN: NONE RESOLUTION NO. 2004/414 A RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ADOPTING CERTAIN CABLE-RELATED NEEDS AND INTERESTS OF THE COMMUNITY AS IDENTIFIED IN THAT CERTAIN STAFF REPORT DATED JUNE 17, 2004 AND RELATED REQUIREMENTS SET FORTH THEREIN; AUTHORIZING THE ISSUANCE OF A REQUEST FOR A RENEWAL PROPOSAL FOR CABLE FRANCHISE,AND CLOSING THE INITIAL STAGE OF FORMAL FRANCHISE RENEWAL PROCEEDINGS WHEREAS, the County of Contra Costa has issued licenses for the operation of cable systems and the provisions of cable services to: 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 1, 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 Vill, Inc. (the above cable operators are sometimes referred to collectively as "Comcast"); and WHEREAS, the County commenced a proceeding to review the past performance of the above cable operators, and to ascertain the future, cable-related needs and interests of the community; and WHEREAS, Miller&Van Eaton, L.L.P., consultants to the County has prepared and the Board of Supervisors has received a "Joint Report on Cable-Related Needs and Interests and Operator Past Performance,"dated June 17, 2004, ("Joint Report") identifying the cable- related needs and interests of the community, and recommending requirements to be included in a request for renewal proposals for a cable franchise, consistent with federal law; and WHEREAS, on August 3, 2004, the Board of Supervisors held a public hearing on the Joint Report in order to consider the Joint Report and obtain public comments related thereto; and WHEREAS, the Joint Report describes the past performance of Comcast, and finds several instances where there has been a failure to comply with the terms of the cable license and/or local laws; and NOW, THEREFORE, THE BOARD OF SUPERVISORS RESOLVES THAT: I. The cable-related needs and interests of the unincorporated areas of Contra Costa County are accurately identified by the Joint Report. 2. The Joint Report is hereby adopted by the Board of Supervisors as its ascertainment of the cable-related needs and interests of the community. The Board further adopts the requirements as set forth in the Joint Report. . The cable operator's omissions to perform identified in the Joint Report are omissions under the license. 4. The assessment of the past performance of Comcast contained in the Joint Report is accepted by the Board of Supervisors. The Director of the Office of Communications and Media is authorized to issue such notices as may be required to comply with federal law and the cable licenses. 5. The hearing on the ascertainment of cable-related needs and interests and the review of the past performance of the operator contemplated by 47 U.S.C. §545(a) is hereby closed. 0. Issuance of the Joint bequest for Renewal Proposal for Cable Franchise dated August 3, 2004 is hereby authorized. 7. The deadline for submission of responses to the Request for Renewal Proposal for cable franchise shall be October 5, 2004. CC: Internal operations Committee Staff Office of Communications and Media Office of County Counsel PHILIP ARNDT,COMCAST GOVERNMENTAL AFFAIRS AND FRANCHISING MANAGER 2500 BATES AVENUE,SUITE A CONCORD,CA "521 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown ATTESTED: August 3,2004 John Sweeten,Clerk of the Board of Supervisors And County Admin! rat r BY�,,.c►.re`'� K Deputy RESOLUT N NO. 20041414