Loading...
RES-2007-215RESOLUTION NO. 2007- 215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO AMEND THE CABLE TELEVISION FRANCHISE AND ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE AMENDMENT WHEREAS, the City of Anaheim "Anaheim granted a cable television franchise (the "Franchise by Ordinance No. 4087, which Franchise has been transferred and extended at various times and is now held by CAC Exchange I, LLC "Franchisee and WHEREAS, Anaheim has entered into an agreement with Pacific Bell Telephone Company "AT &T to enable AT &T to construct a network to provide video and other services to Anaheim residents without imposing upon AT &T any fees, restrictions and/or assessments beyond the direct costs involved in facilitating and maintaining the initial construction effort and ongoing facility maintenance; and WHEREAS, in order to foster competition in a competitively neutral and non- discriminatory manner, Franchisee has requested that the Franchise be amended and extended in the manner set forth herein below; and WHEREAS, the City Council of the City of Anaheim has considered and weighed, among other things, those factors set forth in Section 1.03.055 of Chapter 1.03 of Title 1 of the Anaheim Municipal Code, and has determined that the proposed extension and amendments to the Franchise are in strict compliance with the Charter of the City and all applicable laws, and does hereby make the following findings with regard to said 1. That Franchisee is currently providing cable service to Anaheim residents and that said existing service is adequate to serve the City of Anaheim; 2. The proposed franchise extension and amendments will improve the services provided by Franchisee, will foster competition between Franchisee and AT &T in a competitively neutral and non discriminatory manner and will, therefore, not adversely affect provision of cable television services to Anaheim residents, or result in a deterioration of customer base and/or ability of Franchisee to adequately provide safe, reliable, economic service to its customers in the City of Anaheim; 3. That the term and proposed service territory of the requested Franchise amendment have been considered and weighed by the City Council in its determination; 4. That Franchisee has the ability to provide economic, reliable service to its customers in its service territory; 5. That Franchisee has the ability under the requested Franchise amendment to provide service without unduly interfering with existing facilities using the public streets or rights -of -way or using the public streets or rights -of -way, since it is already providing such service in Anaheim; 6. That the proposed ordinance approving the Franchise amendment will not, to the best of Anaheim's information and belief, affect the financial obligations Franchisee, will not affect the ability of Franchisee to obtain future financing; 7. That the proposed Franchise amendment will have both short and long term benefits by improving the service currently provided by Franchisee and by fostering competition between Grantee and AT &T in a competitively neutral and non- discriminatory manner; and 8. That the proposed Franchise amendment will benefit the health, welfare and safety of Anaheim and its residents by improving the service currently provided by Franchisee and by giving Anaheim residents a choice of cable television providers. WHEREAS, the City Council has determined that the granting of the Franchise extension and amendments is categorically exempt from the California Environmental Quality Act "CEQA as a Class 1 Project (14 Cal.Code Reg., 15301 (Existing Facilities), including subsection (c). NOW THEREFORE BE IT RESOLVED that the City Council of the City of Anaheim does hereby declare its intention to adopt an Ordinance approving an extension and amendments to the Franchise as requested by Franchisee by amending Ordinance 4087 as follows: 1. Amending Section 8 of Ordinance 4087 to extend the term of the Franchise for ten years from the effective date of the Ordinance; 2. Amending Sections 12(a)(4), (5), (6) and (7) and Section 32 to require Franchisee to (i) provide a minimum of two channels for public, educational and governmental access purposes, (ii) provide Anaheim with the public access equipment, and (iii) when time and resources permit, provide production support for community events and Public Service Announcements to promote such events; 3. Amending Sections 12(e) and (f) to provide that Franchisee shall voluntarily maintain a drop and basic cable service, at no monthly charge, to public buildings currently receiving said service and, further, that Franchisee shall voluntarily maintain existing origination locations, with Franchisee reserving the right to change such policies in the future; and 4. Amending Section 19 to provide that no franchise fee shall be assessed during the term of the Franchise Agreement. BE IT FURTHER RESOLVED that a copy of the proposed uncodified ordinance is available for public review in the Office of the City Clerk located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim. BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid extension and amendment of the Franchise or having any objection to the thereto may appear before the City Council and be heard thereon at a public hearing to be held at S 3cp.M. one r 1 g 2007, in the Chambers of the City Council located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish this resolution once, within fifteen days of the passage hereof, in the Anaheim Bulletin. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of NovPmI r 2007 by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: TONE ABSTAIN: NONE CLERK OF TH OF ANAHEIM CITY AHEIM By CAO- #66938- v1- Resolution_of_1ntent_to_ Amend _Cable_Franchise_- _2007.wpd MAYOR OF THE AHEIM LEGAL NOTICE 1Y given that the Anaheim City Council rearing in the Council Chambers of Ana- -00 South Anaheim Boulevard, Anaheim, on -December 18, 2007, beginning at 5.30 p.m. to consider the consider Resolution: RESOLUTION NO. 2007.213 AFFIDAVIT OF PUBLICATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO AMEND THE CABLE TELEVISION FRANCHISE AND ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER STATE OF CALIFORNIA, L SUCH FRANCHISE AMENDMENT WHEREAS, the City of Anaheim "Anaheim granted a SS.\ cable television franchise (the "Franchise by Ordinance 1 No. 4087, which Franchise has been transferred and ex- County of Orange tended at various times and is now held by CAC Exchange r I, LLC "Franchisee and ii WHEREAS, Anaheim has entered into an agreement I am a citizen of the United States and a resident with Pacific Bell Telephone Company ('AT &T to enable AT &T to construct a network to provide video and other services to Anaheim residents without imposing upon AT &T of the County aforesaid; I the any fees, restrictions and /or assessments beyond the direct y am over e age o costs involved VI facilitating and maintaining the initial con- struction effort and ongoing facility maintenance; and eighteen years, and not a party to or interested in WHEREAS, in order to foster competition in a competi- tively neutral and non discriminatory manner, Franchisee the above entitled matter. I am the rind al clerk has requested that the Franchise be amended and extend h h ed in the manner set forth herein below; and of The Orange County Register, a newspaper WHEREAS, the City Council of the City of Anaheim has considered and weighed, among other things, those factors set forth in Section 1.03.055 of Chapter 1.03 of Title 1 of the of general circulation, published in the city of posed extension determined that the Franchise r are in strict compliance with the Charter of the City and all applica- Santa Ana, County of Orange, and which Proof of Pble laws, and does hereby make the following findings with regard to said newspaper newspaper has been adjudged to be a 1. That Franchisee is currently providing cable service J g to Anaheim residents and that said existing service is ade- quate to serve the City of Anaheim; of general c by the Superior Court of 2. The proposed franchise extension and amendments will improve the services provided by Franchisee, will foster the County of Orange, State of California, under competition between Franchisee and AT &T in a competitive- ly neutral and non discriminatory manner and will, therefore, not adversely affect provision of cable television services to the date of 1/18/52, Case No. A- 21046, that the Anaheim residents, or result in a deterioration of customer base and /or ability of Franchisee to adequately provide safe, reliable, economic service to its customers in the City not of which the annexed is a true printed of Anaheim; 3.That the term and proposed service territory of the re- copy, has been published in each regular and quested Franchise amendment have been considered and weighed by the City Council in its determination; entire issue of said newspaper and not in any 4.That Franchisee has the ability to provide economic, reliable service to its customers in its service territory; supplement thereof on the following dates, to 5.That Franchisee has the ability under the requested Franchise amendment to provide service without unduly in- terfering with existing facilities using the public streets or wit: rights -of -way or using the public streets or rights -of -way, since it is already providing such service in Anaheim; November 30, 2007 6.That the proposed ordinance approving the Fran- chise amendment will not, to the best of Anaheim's informa- tion and belief, affect the financial obligations Franchisee, will not affect the ability of Franchisee to obtain future financing' "I certify (or declare) under the penalty of 7,That the proposed Franchise amendment will have both short and long term benefits by improving the service perjury under the laws of the State of California currertiy provided by Franchisee and by fostering competi- tion oetween Grantee and AT &T in a competitively neutral andnon- discriminatory manner; and that the foregoing is true and correct 8. That the proposed Franchise amendment will benefit the health, welfare and safety of Anaheim and its residents Executed at Santa Ana, Orange County, ,by improving the service currently provided by Franchisee and by giving Anaheim residents a choice of cable televi- California, on sion providers. WHEREAS, the City Council has determined that the granting of the Franchise extension and amendments is cat Date: November 30, 2007 egorically exempt from the California Environmental Duality Act "C OA" as a Class 1 Project (14 Cal.Code Reg., 15301 (Existing Facilities), including subsection (c). A NOW THEREFORE BE IT RESOLVED that the City t C ouncil of the City of Anaheim does hereby declare its in- tention to adopt an Ordinance approving an extension and amendments to the Franchise as requested by Franchisee Signature by amending Ordinance 4087 as follows: 1. Amending Section 8 of Ordinance 4087 to extend the term of the Franchise for ten years from the effective date of The Orange County Register the Ordinance; 2.Amending Sections 12(a)(4), (5), (6) and (7) and Sec 625 N. Grand Ave. tion 32 to require Franchisee to (i) provide a minimum of Santa Ana, CA 92701 two channels for public, educational governmental ac- cess purposes, oses, 0) provirovi provide Anaheim im with the he ac public access equipment, and (iii) when time and resources permit, pro (714) 796 -7000 ext. 2209 vide production support for community events and Public Service Announcements to promote such events; 3.Amending Sections 12(e) and (f) to provide that Fran- chisee shall voluntarily maintain a drop and basic cable service, at no monthly charge, to public buildings currently PROOF OF PUBLICATION receiving said service and, further, that Franchisee shall vol- untariy maintain existing origination locations, with Franchi- see reserving the right to change such policies in the future; and 4. Amending Section 19 to provide that no franchise fee shall be assessed during the term of the Franchise Agree ment. BE IT FURTHER RESOLVED that a copy of the pro- posed uncodified ordinance is available for public review in the Office of the City Clerk located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim. BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid extension and amendment of the Franchise •or having any objection to the thereto may .e. W., appear before the City Council and be heard thereon at a ...........mom_.,...,.,... pu hearinato be held at 5:30 P.M. on December 18, NUJ —28 -2007 17:43 ORANGE COUNTY REGISTER 714 796 6059 P.01 j LEGAL NOTICE NOTICE IS HEREBY given that the Anaheim City Council will hold a pubic hearing in the Council Chambers of Ana- heim City Hall, 200 South Anaheim Boulevard, Anaheim, on Tuesday December 18, 2007 beginning at 5.90 p.m. to consider the fallowing Resolution: RESOLUTION NO. 2007-215 A OF THE CITY COUNCIL THE CITY OF l/� J ANAHEIM AHEIM DECLARING ITS INTENTION TO TO AMEND THE CABLE TELEVISION FRANCHISE AND ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE AMENDMENT WHEREAS, the City of Anaheim ('Anaheim granted a cable television franchise (the "Franchise) by Ordinance No. 4087, which Franchise has been transferred and ex- 1 various limes and is now held by CAC Exchange I Ll_C LC ("Franchisee"); and NMF�i h Anaheim has entered into an agreement Be with Pacific Bell Telephone Company (AT&T) to enable AT &T to construct a network to provide video and other services to Anaheim residents without imposing upon AT &T any fees, restrictions and/or assessments beyond the direct costs Involved in facilitating and ainiei the initial con- struction effort ongoing ongoing faeility m maintenaa nce; and (5 WHEREAS, in order to foster competition in a competi- CCCC///1���' tively neutral and non discriminatory manner, Franchisee et' has requested that the Franchise be amended and extend- l ed in the manner set forth herein below: and WHEREAS, the City Council of the City of Anaheim has considered and weighed, among other things, those factors set forth in Section 1.03.055 of Chapter 1.03 of Title 1 of the Anaheim Municipal Code, and has determined that the pro- posed extension and amendments to the Franchise are in strict compliance with the Charter of the City and all applica- ble laws. and does hereby make the following findings with regard to said 1. That Franchisee is currently providing cable service to Anaheim residents and that said existing service is ade- quate to serve the City of Anaheim; 2.The proposed franchise extension and amendments will improve the services provided by Franchisee, will foster competition between Franchisee and AT &T in a competitive- ly neutral and ruin discriminatory manner and will, therefore, not adversely affect provision of cable television services to Anaheim residents, or result in a deterioration of customer base and/or ability of Franchisee to adequately provide safe, reliable, economic service to its customers in the City of Anaheim; 3. That the term and proposed service territory of the re. quested Franchise amendment have been considered and weighed by the City Council in its determination: 4.That Franchisee has the ability to provide economic, reliable service to its customers in its service territory; 5.That Franchisee has the ability ,under the requested Franchise amendment to provide service without unduly in- terfering w'h existing facilities using the public streets or rights -ot.way or using the public streets or rights -of -way, since it is already providing such service in Anaheim; 6.That the proposed ordinance approving the Fran- chise amendment will not, to the best of Anaheim's informs• tion and belief, affect the financial obligations Franchisee, will not affect the ability of Franchisee to obtain future financing; 7. That the proposed Franchise amendment will have both short and long term benefits by improving the service currently provided b oy Franchisee and by fostering competi- tion between Grantee and AT &T In a competitively neutral and non-discriminatory manner, and 8. That the proposed Franchise amendment will benefit the health, welfare and safety of Anaheim and its residents by improving the service currently provided by Franchisee and by giving Anaheim residents a choice of cable televi- sion providers. WHEREAS. the City Council has determined that the granting of the Franchise extension and amendments is cat• egorically exempt from the California Environmental Quality Act "CEQA'} as a Class 1 Project (14 Cal.Code Reg., 5 15301 (Existing Facilities), including subsection (c). NOW THEREFORE BE IT RESOLVED that the City Council of the City of Anaheim does hereby declare its in- tention to adopt an Ordinance approving an extension and amendments to the Franchise as requested by Franchisee NOV-28-2007 17:43 ORAN!;E COUNTY REGISTER 714 796 5059 P.02 by amending Ordinance 4087 as follows: 1. Amending Section 8 of Ordinance 4087 to extend the term of the Franchise for ten years from the effective date Of the Ordinance; 2. Amending Sections 12(a)(4), (5), (8) and (7) and Sec. tion 32 to require Franchisee to provide a minimum of two channels for public, educational and governmental ac- cess purposes. (iq provide Anaheim with the public access equipment. and (di) when time and resources permit. pro- vide support for community events and Public Servce Announcements to promote such events; 3. Amending Sections 12(e) and to provide that Fran- chisee shall voluntarily maintain a drop and basic cable service, at no monthly charge. to public buildings currently receiving said service and, further, that Franchisee shall vol- untarily maintain existing origination locations, with Franchi- see reserving the right to change such policies in the future; and 4.Amending Section 19 to provide that no franchise fee shall be assessed during the term of the Franchise Agree- ment. BE IT FURTHER RESOLVED that a copy of the pro. posed uncodifed ordinance is available for public review in the Office of the City Clerk located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim. BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid extension and amendment of the Franchise or having any objection to the thereto may appear before the City Council and be heard thereon at a public hearing to be had at 5:30 P.M. on December 18. 2007 in the Chambers of the City Council located in the City }tall at 200 South Anaheim Boulevard in the City of Anaheim. BE IT FURTHER RESOLVED that the City Clerk is here- by directed to publish this resolution once, within fifteen days of the passage hereof, in the Anaheim Bulletin. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of November, 2007 by the following roll call vote: AYES: MAYOR PRINGLE. COUNCIL MEMBERS HERNANDEZ, GALLOWAY, KRING, SIDHU NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM Information regarding this franchise agreement will be avail- able for public inspection at the Office of the City Clerk. Room 217, Anaheim City Halt Office hours are 8.00 a.m. to 5.00 p.m. Monday through Friday. For additional informa- tion, contact the City Clerk at 714 765-5166. Publish: Orange County Register Nov. 30, 2007 R -2647 TOTAL P.02