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HomeMy WebLinkAboutMINUTES - 04281998 - C67 ''I'll.,.......-......................................................................................................................................................................................................... ... ... .............................................................................................................................................................. .......................................... THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 28, 1998,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Extending Cable Television Licenses for Resolution No. 98/ 216 TCI Systems—Unincorporated Danville- Alamo Area and Unincorporated Lamorinda Area(Televents, Inc.); and Unincorporated Brentwood Area (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 Danville-Alamo area and the unincorporated Lamorinda area 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 Brentwood area of Contra Costa County in accordance with Division 58 of the County Ordinance Code (Ordinance No. 82-28); and WHEREAS the above-described licenses originally were scheduled to expire on November 1, 1997, November 29, 1997, and December 30, 1997,respectively; and WHEREAS on November 4, 1997, the Board extended the licenses to and including April 30, 1998; and WHEREAS the Licensees desire to renew their licenses; and WHEREAS the Licensees recently have resolved a license fee matter involving the FCC's "Baltimore" decision (City of Dallas, Texas, et al. v. FCC), and the County has received an additional license fee payment of$179,892 from the Licensees; and WHEREAS the Licensees recently have resolved a license fee matter involving the County's audit of advertising revenues,home shopping revenues,etc. for the period July 1„1991 through June 30, 1994, and the County has received an additional license fee payment of$25,000 from the Licensees; and WHEREAS the County and the Licensees are working toward resolution of a remaining license fee issue involving advertising revenues for the period after June 30, 1994 and require some additional information and negotiation before an appropriate recommendation can be made to the Board; and WHEREAS the County and the Licensees desire to extend the above-described licenses to facilitate negotiation and resolution of this matter, as well as to allow adequate time for completion of the renewal process; and NOW THEREFORE,BE IT RESOLVED that the above-described licenses are extended to and including July 31, 1998. RESOLUTION NO. 98/ 216 ................................................................................................................................................................................ ........................................ PAGE 2 Extending Cable Television License's for TCI Systems in Unincorporated Danville-Alamo Area, Unincorporated Lamorinda Area, and Unincorporated Brentwood Area BE IT FURTHER RESOLVED that this extension is granted upon the same terms and conditions and subject to the same limitations presently applicable to the licenses, including all provisions of Ordinance No. 82-28. BE IT FURTHER RESOLVED that the granting of this extension shallnot: (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 matter described above is not resolved; and (3) affect the County's right and ability to consider all relevant matters, including without limitation the license fee matter described above, in deciding whether to grant the Licensees' applications for renewal. I 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: ARril 28,,- 192a PHIL SATCHEL Clerk of the Board 0 $UPS 'sons linty Administrator By -.Deputy Contact Person: Patricia Burke, 335-1048 cc: Cable TV Administrator County Counsel Televents, Inc. Televents of East County, Inc. RESOLUTION NO. 98/ 216 .................11...........