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Home My WebLink AboutMINUTES - 12022003 - C158 0.1 , i1 TO: BOARD OF SUPERVISORS tiA 4 CONTRA FROM: John Sweeten, County Administrator CCISTA DATE: November 19, 2003 COUNTY SUBJECT: Extension of AT&T Cable Licenses SPECIFIC REQUEST(S)OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): EXTEND Cable Television Licenses for Contra Costa Cable Company; Crockett Cable Systems, Inc.; Televents, Inc.; and Televents of East County, Inc. from December 2, 2003 to December 03,2004. FINANCIAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On August 13, 2002, 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.. Since that date, staff has been negotiating with AT&T on the renewal of their licenses and the transfer of ownership of their system to Comcast. Negotiations have been slow moving due to the transfer and change of some of their management team. On December 31, 2002, AT&T was notified that they were in breach of the County cable television ordinances because AT&T transferred the control of their systems to Comcast prior to receipt of approval by the Board of Supervisors. They were also notified of concerns about possible non-compliance with County cable television ordinance telephone answering time and outage customer service standards. Telephone swering time and outage reports were requested. CONTINUED ON ATTACHMENT: _X_YES SIGNATURE: — RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE _& A PROVE _OTHER SIGNATURE(S):� ACTION OF BO APPROVED AS RECOMMENDED OTHER f VOTE OF SUPERVISORS }, I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT ' r 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 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS cc:CAO AND COUNTY ADMINISTRATOR Comcast f 13 ate . i l' On February 6, 2003, a second letter was sent to AT&T enumerating the fallowing non-compliance issues: (1) Failure to submit sample bill to County for review and comment and failure to modify misleading billing language (County Ordinance Code Section 14-030(b); see preceding paragraph). (2) Failure to submit outage reports for November and December 2002 (County Ordinance Code Sections 5814.010 and 58-14.018; see my December 31, 2002 letter). (3) Failure to obtain County's consent to transfer to Comcast (County Ordinance Code Section 58-4.028). Staff received the outage reports and reviewed them for compliance. AT&T has responded to Item 1 above but has still not completed an acceptable agreement for the transfer of the system to Comcast. In addition, Comcast has submitted a renewal proposal that is not satisfactory and is significantly less than AT&T's last proposal. Following the February 18, 2003 extension, Comcast notified County staff that it would not agree that licenses issued under Ordinance No. 82-28 would be continued under Ordinance No. 93-55. Staff has resumed renewal negotiations with Comcast. If Comcast does not make significant movement towards meeting customer needs and interests in the next few months, the consortium of cities is considering moving to the formal process. If the Board grants this extensions, staff will continue to monitor complianceand take further action as necessary and as authorized in the County Cable Television Ordinances. If the Board denies a further extension, AT&T's licenses will terminate as of December 2, 2003. Staff recommends that the Board approve the extensions. Staff will continue to work with the consortium of cities and Comcast to resolve outstanding transfer and renewal'issues. 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on, December 2 2003 by the following vote: AYES: Supervisors Gioia, Uilkema, Greenberg, Glover and DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Extending Cable Television Resolution No. 2003/7 3 0 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.82-2 8; 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 to and including December 3, 2004. 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 taker► and entered on the minutes of the rd of Supervisors on the AT&T Broadband date shown. f ATTESTED: " JOHN $WEETEN, Clerk of the Board Of SUP40visors an -Cop Administrator oputy i. RESOLUTION NO. 2003/ 730 ................... THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on, December 2 2003 by the following vote: AYES: Supervisors Gioia, Uilkema, Greenberg, Glover and DeSaul .ier NOES: None ASSENT. Nene ABSTAIN: None SUBJECT: Extending Cable Television) Resolution No. 2003/7 31 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 to and including December 3, 2004. 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 1 hereby certify that this is a true and correct Office of County Counsel copy of an actio aken and entered on the AT&T Broadband minutes of the rd of Supervisors on the date shown. ATTESTED: JOHN SWEETEN Clerk of the Board of Suprvtsors and County Administrator By, c deputy RESOLUTION NO. 2003/731