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HomeMy WebLinkAboutCC RESO 14,129RESOLUTION NO. 14,129 6.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REGARDING CATV FRANCHISING AND RENEWAL WHEREAS, Cox Cable of San Diego is the holder of a current franchise for the provision of Community•Antenna Television (CATV) services within National City; and WHEREAS, the current franchise with Cox Cable expires in February, 1984; and WHEREAS, Cox Cable has submitted a letter which is attached hereto and incorporated by reference as Exhibit "A" requesting renewal of its franchise; and WHEREAS, it would be in the best interests of the City,prior to commencing any negotiations,to adopt a general statement regarding the franchising of that they are non-exclusive in nature; WHEREAS, it would also be in CATV systems to the effect and the best interests of the City prior to commencing any such negotiations to approve a format for use by applicants for original or renewal CATV franchises to insure that adequate information is provided to establish a basis for negotiations and to insure that a thorough review and evaluation is conducted by City staff; and WHEREAS, it would also be in the best interests of the City to establish a franchise application fee, to cover the City's cost in studying, investigating and processing a renewal or original franchise application; and NOW THEREFORE BE IT RESOLVED THAT: 1. It is the general policy of the City of National City that CATV franchises are to be non-exclusive in nature and that the granting or renewal of any such franchise will not prevent the City from granting an identical or similar franchise to any other person or firm at any time; 2. The document entitled "City of National City npJ.ication Format for a CATV Franchise on a :.on -exclusive Basis" which is dated August 1983 and attached hereto as Exhibit "B" is hereby authorized for use; 3. An Application Fee associated with CATV franchise application's of $1,000 is hereby approved. 4. Upon receipt of an application prepared and submitted in accordance with Exhibit "B" staff is authorized to commence negotiations for franchise renewal with Cox Cable of San Diego. 5. Staff is authorized to evaluate, review and make recommendations on any future application for a non-exclusive CATV franchise; provided said applications are prepared and submitted in accordance with Exhibit "B". PASSED AND ADOPTED this 23rd day of August, 1983. ATTEST: CITY CLERK EXHIBIT "A" Cox Cable San Diego 5159 Federal Boulevard San Diego, California 92105-5486 Telephone 714/263-9251 COX xC_ _CoNIC C �1Diego City of National City 1243 National City Blva. National City, CA 92050 August 4, 1983 A Subsidiary of Cox Communications, Inc. Dear Honorable Mayor, City Council and City Manager: On February 25, 1984 the franchise between Cox Cable San Diego and the City of National City will expire. Therefore, Cox Cable San Diego is requesting that our franchise be renewed on or before February 25, 1984. Si Robert cRann Vice President & General Manager RM/DRC/dmk 0982B RECEIVED aua ; .83 CI NAi1O.N t.. EXHIBIT "B" c (-' C CITY OF NATIONAL CITY APPLICATION FORMAT FOR A CATV FRANCHISE ON A NONEXCLUSIVE BASIS AUGUST 1983 C I. STATEMENT OF GENERAL CATV FRANCHISING POLICY It is the general policy of the City that CATV franchises are to be non-exclusive in nature and hence that the granting or renewal of any such franchise shall not be construed as to prevent the City from granting an identical or similar franchise to any other person or firm at any time. II. PURPOSE OF DOCUMENT The purpose of this document is to provide the format to be utilized in applying for a CATV franchise on a non-exclusive basis. Additionally, it is understood that the specific terms and conditions of any franchise granted with the exception of the matter of non - exclusivity, are matters for negotiation between the applicant and the City and that this document shall also serve as the basis for commencement of said negotiations. III. AUTHORIZATION OF DOCUMENT Use of this document was authorized by the City Council of National City on August 23, 1983. No application shall be considered unless it is prepared in accordance with this approved format. IV. REQUIRED INFORMATION A. Organizational Information/Documentation The following information shall be provided by any applicant for a CATV franchise, whether original or renewal in nature: 1. The name, address and telephone number of the applicant organization. 2. A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to the following: a. The names, residence and business address of all principal operations officers, directors and associates of the applicant. -1- b. The names, residence and business addresses of all officers, persons and entities having controlling, or being entitled to have control of five percent or more of the ownership of the applicant organization as well as the respective ownership share of each person or entity. c. The names and addresses of any parent or subsidiary of the applicant; any other business entity owning or controlling applicant in whole or in part or owned or controlled in whole or in part by the applicant; and a statement describing the nature of any such parent or subsidiary business entity. d. A statement identifying by place and date, any other cable television franchises awarded to the applicant or its parent or subsidiary; the status of the franchises with respect to completion thereof, and the amount of applicant's and its parent's or subsidary's resources committed to the completions thereof. e. A description of all previous experience of the applicant in providing cable television system service. f. A detailed and complete financial statement of the applicant. B. Existing System Information The following information shall be provided by any applicant for renewal of a CATV franchise: 1. A detailed map showing the boundaries of the existing franchise area including a delineation of those areas which are overground and those which are underground installations. 2. A detailed narrative and where appropriate graphic description of the existing CATV system including but not necessarily limited to: a. Date system construction commenced. b. Date system construction completed. c. Average age of the system plant. -2- d. Estimated net book worth of the CATV system. (after straight line depreciation, plus salvage value, if any) e. Initial and existing channel capacity. f. Existing system megaherz. g. Number of homes currently passed by cable. h. Number of homes actually cabled. i. System penetration (in percentage terms). J• Number, description and location of City owned buildings and facilities cabled. k. Location of Public access studio(s), if any. 1. Complete list of current services including any and all off -air stations, must -carries, satellite channels, premium and pay channels, and access and local origination channels. m. List of current rates and charges for all services. n. Description of existing complaint procedures. o. Any other information on the existing system which the applicant deems relevant. C. Proposed System Information The following information shall be provided by any applicant for a CATV franchise whether original or renewal in nature: 1. A detailed map showing areas proposed for service whether within or outside an existing franchise area. 2. A detailed narrative and where appropriate graphic presentation regarding any short, medium or long range plans for specific system offerings, upgrades and enhancements in areas including but not necessarily limited to the following (Note: Determinations as to what is considered short, medium or long range in nature will depend upon the proposed franchise term as referenced under Section D.1. of this document): a. Original construction or re -build plans for the system physical plant as applicable. D. b. Provision of and/or availability and enhancement of transmission capabilities via communication satellites, microwave or other system technologies. c. Provision of system d. Provision and local of, and/or enhancement and expansion megaherz, channel capacity and programming. and/or improvement of public access programming capabilities. e. Implementation of 2-way interactive capability and services. f. Interconnection and shared access with neighboring jurisdictions. g• h. Development and implementation of institutional networks. Projected costs for proposed system improvements by year. i. Any other information on the proposed system which the applicant deems relevant. General Information 1. Proposed franchise term. 2. Proposed franchise fee (expressed as a percentage of gross annual receipts.) 3. A copy of any contracts or permits between the applicant and any public utility for the use of the facilities of such public utility such as poles,. lines or conduits. 4. Name, title, and business address of the person supplying the information required by this document. V. APPLICATION FEE Each application prepared and submitted in accordance with this document shall be accompanied by a non-refundable application fee of $1,000 made out to the City of National City, to cover the City's costs in studying, investigating and processing this application. -4- VI. FILING INSTRUCTIONS When completed, the application information and filing fee should be transmitted to the Assistant City Manager, City of National City, 1243 National City Boulevard, National City, CA 92050. Application materials must be completed and submitted within 45 days, from the date this document is mailed or provided to the applicant. GJB/ry C -5-