The URL can be used to link to this page

Home My WebLink About148-00 RESOLUTION• RESOLUTION NO. 148-00 MICROFILMED A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY OPERATE THE CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Fayetteville, Arkansas ("City") passed and adopted an Ordinance (hereinafter referred to as the "Franchise") granting a non-exclusive franchise; and WHEREAS, the Franchise is currently held by TCA Cable Partners ("TCA"); and WHEREAS, pursuant to Section 47 U.S.C. § 546(a) TCA provided notification to the City of TCA's intent to seek renewal of the Franchise under 4 U.S.C. § 546(a -g); and WHEREAS, pursuant to Section 47 U.S.C. § 546 (a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and TCA have agreed, pursuant to 47 U.S.C. § 546(h), to conduct franchise renewal negotiations informally in an attempt to reach a mutually acceptable franchise agreement; and WHEREAS, the City and TCA are interested in continuing informal discussions and negotiations regarding franchise renewal; and WHEREAS, both the City and TCA desire to expressly reserve all of their respective rights under state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section. 1. The City hereby authorizes TCA to operate the cable television system in the City of Fayetteville, in full compliance with all of the terms and conditions of the Franchise, for a period commencing on November 1, 2000 and continuing through either the date of which TCA's Franchise is either renewed or until December 31, 2000 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the following conditions: 1) The resolution being passed and adopted by the City Council of the City of Fayetteville, and 2) TCA's acceptance of this resolution and the Franchise for the term specified in paragraph (1) above, provided TCA accepts and agrees to each and every term of this resolution and the Franchise within Page 2 Resolution No. 148-00 fourteen (14) days from the date of this resolution is passed and adopted. PASSED AND APPROVED this 24th day of October , 2000. APPROVED: By: Fred anna, Mayor NAME OF FILE: 9 is CROSS REFERENCE: Date Contents of File Initials /4240 7 . /7g DD 4,r ik/4-oo_.-)9_2727" ze .I i /, i . ‘G��G/ 1Li / L hn, ..Bir.7" ,,,- . 4/ d,9 //i!//moo //Y ,,.Nh • 70.34-00 2.9� 7, • / ,/�/ • • RECEIVED OCT 1 9 2000 CITY A fTORNEY'S OFFICE October 16, 2000 VIA FACSIMILE AND U.S. MAIL Jerry E. Rose, Esq. City Attorney City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Re: Cox Cable Television Franchise Cox Communications, Inc. 1400 Lake Heam Drive, NE Atlanta, Georgia 30319 14041843-5000 co COMMUNICATIONS Dear Jerry: As you know, Gary Lutzker, on Cox's behalf, and Brian Grogan, on the City's behalf, have been diligently negotiating the renewal of Cox's cable television franchise since we all convened in Fayetteville earlier this year. I understand from Gary that they have made significant progress on the renewal but that a number of issues remain outstanding. Included among the open issues are the terms and conditions under which institutional network services would be provided to the City. We are currently preparing cost estimates based on the information we recently have received from the City regarding the level of services desired and the locations to which the services would be provided, and we hope to forward this information to you and Brian within the next several weeks. I also believe that Brian is in the process of preparing a revised draft of the franchise agreement to reflect the progress he and Gary have made, which he expects to distribute sometime this week. We are pleased with the amount of progress that has been made to date, but we also are concerned that the parties will not have resolved all of the open issues, in particular those surrounding the institutional network services, prior to the expiration of our current franchise on November 1, 2000. Accordingly, we are respectfully requesting that the City grant a short-term extension of the franchise through March 31, 2001 in order to permit Cox and the City to complete their negotiations. Although we hope to complete the negotiations in advance of that date and will work diligently to accomplish that goal, we believe that extending it through March would avoid the need to request yet another extension from the City Council in the event the negotiations take longer than expected. Jerry E. Rose, Esq. October 16, 2000 Page 2 • • On a related note, the City has asked Cox to consider upgrading its cable television system to 862 MHz, rather than to 750 MHz as previously planned by Cox. As we indicated earlier, Cox was willing to accede to the City's request, in return for the City's commitment to grant a 15 -year franchise. You responded that you were not in a position to make that commitment, as it is a decision that must be made by the City Council. Even though we were disappointed in that response, we certainly appreciated and understood it. As a result, we proceeded with our upgrade to the extent possible, but we have now reached a point in our construction activities that we must either suspend the upgrade pending final determination by the Council or move forward with either the 862 MHz or 750 MHz platform. We feel strongly that it is in both the City's and Cox's best interests to proceed with the upgrade without delay, so we have rejected the former option. We have elected instead to press ahead with the City's requested 862 MHz upgrade. Cox understands that we have no guarantee that the City will reciprocate with a 15 -year franchise term, but we are optimistic that the goodwill we have shown by this decision, and the benefit that will be reaped by the City as a result, will be duly noted by the Council. We also hope that you will encourage the Council, if you feel it appropriate, to grant our request for the 15 - year term. As a result of our upgrade decision, Cox hopes to begin turning on the first of the newly upgraded fiber nodes by the end of this year. We are excited about that prospect and trust that the City will be as well. We look forward to receiving Brian's forthcoming draft of the franchise and to continued progress on the negotiations. In the meantime, we would appreciate hearing from you or Brian in response to our request for the extension. Please feel free to contact me directly at 404.269.6780, or Gary Lutzker at 202.776.2107. cc: Mr. Russell Rogers (via facsimile) Mr. Dennis Yocum (via facsimile) Gary Lutzker, Esq. (via facsimile) Brian Grogan, Esq. (via facsimile) Very truly yours, Deborah L Reichl Director of Government Affairs FAYETTEVIILLE JERRY E. ROSE, CITY ATTORNEY LaGAYLE D. McCARTY, ASSISTANT CITY ATTORNEY • THE CITY OF FAYETTEVILLE, ARKANSAS CITY ATTORNEY DIVISION 113 WEST MOUNTAIN, 72701 PHONE: 501-575-8313 FAX: 501-575-8315 October 25, 2000 Deborah L. Reichle Director of Governmental Affairs Cox Communications, Inc. 1400 Lake Hearn Drive, NE Atlanta, GA 30319 Re: Cox Cable Television Franchise Dear Deborah: Pursuant to your request a short-term extension of the Cox Council at a special meeting held October 24, 2000. I enclos Acceptance for your corporate signature. As you can see the ext If we need more time we can certainly return to the City Co difficulty. Thanks for your continued cooperation and good faith barg.imng. Please return the signed Acceptance at your earliest convenience so that the City Clerk '11 have a complete agreement. anchise was granted by the City a copy of that resolution and an nsion is until December 31, 2000. it and get more. I envision no Very truly yours, Jeiiy E. Rose City Attorney /cbp Enc. cc: Brian Grogan Dennis Yocum 1 • • _.17 .e b �n o-B� �' 1�•Q cue' - _ Atem.Y-t4- _ G .303.1._9_ - - - : _ 414 6 e- G4 ""`� — _ _. st ,O�Zp -O /r��a u� O _� t f 2.f, .L c Oct..._ . ;P... B -c 31 rr � 22-00 0 , 2 w{-.ere-cP /fl -t - to -e t" '---Ge"ia-€4 3, d,rLv ,Gltia.- 2-4. c e ?.gip L� c /rag—. Tv acs_ , _c,h �,• O 9;,;� "-'`t-- _ X2.0_..... -ea - —1`, cco v r1> • • ACCEPTANCE TCA Cable Partners, hereby acknowledges that the City of Fayetteville, Arkansas' Resolution No. 148-00 ("Resolution"), attached hereto and referenced in the Resolution ("Franchise") and hereby accepts each and every term, provision and recital of the Resolution and agrees to be bound by the terms and provisions of the Franchise in accordance with the Resolution. Dated: October 30, 2000 TCA CABLE PARTNERS, a Delaware general partnership By: TCA Holdings, L.P., a general partner By: TCA Interests, LLC, its gene al partner By. •//iii / l._ N. ames A. Hatcher Ti Vice President , • is Ti ,-/,_ J 6 SUBSCRIBED AND SWORN to before me this 30th day of October, 2000. My Commission Expires: Notary Public, Gwinnett County, Georgia Illy idamtsslon Empires Morph 11, '1004 O4eiTh 4V: Notary Public c!'. RESOLUTION NO. 148-00 A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY OPERATE THE CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Fayetteville, Arkansas ("City") passed and adopted an Ordinance (hereinafter referred to as the "Franchise") granting a non-exclusive franchise; and WHEREAS, the Franchise is currently held by TCA Cable Partners ("TCA"); and WHEREAS, pursuant to Section 47 U.S.C. § 546(a) TCA provided notification to the City of TCA's intent to seek renewal of the Franchise under 4 U.S.C. § 546(a -g); and WHEREAS, pursuant to Section 47 U.S.C. § 546 (a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and TCA have agreed, pursuant to 47 U.S.C. § 546(h), to conduct franchise renewal negotiations informally in an attempt to reach a mutually acceptable franchise agreement; and WHEREAS, the City and TCA are interested in continuing informal discussions and negotiations regarding franchise renewal; and• . .• WHEREAS, both the City and TCA desire to expressly reserve all of their respective rights under state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sectior 1. The City hereby authorizes TCA to operate the cable television system in the City of Fayetteville, in full compliance with all of the terms and conditions of the Franchise, for a penod commencing on November 1, 2000 and continuing through either the date of which TCA's Franchise is either renewed or until December 31, 2000 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the following conditions: 1) The resolution being passed and adopted by the City Council of the City of Fayetteville, and 2) TCA's acceptance of this resolution and the Franchise for the term specified in paragraph (1) above, provided TCA accepts and agrees to each and every term of this resolution and the Franchise within RESOLUTION NO. 148-00 • A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY OPERATE THE CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Fayetteville, Arkansas ("City") passed and adopted an Ordinance (hereinafter referred to as the "Franchise") granting a non-exclusive franchise; and • WHEREAS, the Franchise is currently held by TCA Cable Partners ("TCA"); and WHEREAS, pursuant to Section 47 U.S.C. § 546(a) TCA provided notification to the City } ; of TCA's intent to seek renewal of the Franchise under 4 U.S.C. § 546(a -g); and WHEREAS, pursuant to Section 47 U.S.C. § 546 (a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and TCA have agreed, pursuant to 47 U.S.C. § 546(h), to conduct franchise renewal negotiations informally in an attempt to reach a mutually acceptable franchise agreement; and va 4 6 o WHEREAS, the City and TCA are interested in continuing informal discussions and negotiations regarding franchise "renewal; and WHEREAS, both the City and TCA desire to expressly reserve all of their respective rights under state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City hereby authorizes TCA to operate the cable television system in the City of Fayetteville, in full compliance with all of the terms and conditions of the Franchise, for a period commencing on November 1, 2000 and continuing through either the date of which TCA's Franchise is either renewed or until December 31, 2000 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the following conditions: 1) The resolution being passed and adopted by the City Council of the City of Fayetteville, and 2) TCA's acceptance of this resolution and the Franchise for the tern specified in paragraph (1) above, provided TCA accepts and agrees to each and every term of this resolution and the Franchise within