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HomeMy WebLinkAbout75-01 RESOLUTION• RESOLUTION NO. 75-01 A RESOLUTION TO APPROVE AN AMENDMENT TO THE FRANCHISE AGREEMENT WITH WARNER CABLE COMMUNICATIONS, INC. (NOW COX) TO DELETE THE REQUIREMENT TO CARRY "ONE LITTLE ROCK, ARKANSAS, NETWORK AFFILIATE BROADCAST STATION" WHEREAS, a viewer opinion survey conducted by Cox Communications, Inc. showing a substantial plurality of viewers wished to change cable channel 4 from a Little Rock station to UPN; and WHEREAS, the Telecommunications Board voted to recommend amending the Franchise Agreement to allow Cox Communications to carry UPN on cable channel 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas authorizes the Mayor to sign an Amendment to the current Franchise Agreement to repeal the following language in Section XV, paragraph C (page 34): "one Little Rock, Arkansas, network affiliate broadcast station;". PASSED and APPROVED this the $� day of June, 2001. Attest: By:pa Woodruff, City Clerk Approved: By 11/. DAN COODY, Mayor/ A Fr • . A A AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS, AND COX COMMUNICATIONS, INC To better serve the Fayetteville customers of Cox Communications, Inc., the City of Fayetteville and Cox Communications, Inc. agree to delete the following language from Section XV, paragraph C (page 34): "one Little Rock, Arkansas, network affiliate broadcast station;" from the current Franchise Agreement. IN WITNESS WHEREOF, this agreement has been executed this C day of June, 2001. Attest: By: Gt/ ds Bather Woodruff, City Cl rk Attest: By: Title: CITY OF F tYETTEVILLE, A ANSAS By: DAN COODY, Mayor COX COMMUNICATIONS,�IINC. By: K�/ Alt(' Title: v P. OPER kf10JJs RESOLUTION NO. • A RESOLUTION TO APPROVE AN AMENDMENT TO THE FRANCHISE AGREEMENT WITH WARNER CABLE COMMUNICATIONS, INC. (NOW COX) TO DELETE THE REQUIREMENT TO CARRY "ONE LITTLE ROCK, ARKANSAS, NETWORK AFFILIATE BROADCAST STATION" WHEREAS, a viewer opinion survey conducted by Cox Communications, Inc. showing a substantial plurality of viewers wished to change cable channel 4 from a Little Rock station to UPN, and WHEREAS, the Telecommunications Board voted to recommend amending the Franchise Agreement to allow Cox Communications to carry UPN on cable channel 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas authorizes the Mayor to sign an Amendment to the current Franchise Agreement to repeal the following language in Section XV, paragraph C (page 34): "one Little Rock, Arkansas, network affiliate broadcast station;". PASSED and APPROVED this the day of June, 2001. Approved: By: DAN COODY, Mayor Attest: By: Heather Woodruff, City Clerk RESOLUTION NO. • A RESOLUTION TO APPROVE AN AMENDMENT TO THE FRANCHISE AGREEMENT WITH WARNER CABLE COMMUNICATIONS, INC. (NOW COX) TO DELETE THE REQUIREMENT TO CARRY "ONE LITTLE ROCK, ARKANSAS, NETWORK AFFILIATE BROADCAST STATION" WHEREAS, a viewer opinion survey conducted by Cox Communications, Inc. showing a substantial plurality of viewers wished to change cable channel 4 from a Little Rock station to UPN, and WHEREAS, the Telecommunications Board voted to recommend amending the Franchise Agreement to allow Cox Communications to carry UPN on cable channel 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas authorizes the Mayor to sign an Amendment to the current Franchise Agreement to repeal the following language in Section XV, paragraph C (page 34): "one Little Rock, Arkansas, network affiliate broadcast station;". PASSED and APPROVED this the day of June, 2001. Approved: By: DAN COODY, Mayor Attest: By: Heather Woodruff, City Clerk • • AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS, AND COX COMMUNICATIONS, INC. To better serve the Fayetteville customers of Cox Communications, Inc., the City of Fayetteville and Cox Communications, Inc. agree to delete the following language from Section XV, paragraph C (page 34): "one Little Rock, Arkansas, network affiliate broadcast station;" from the current Franchise Agreement. IN WITNESS WHEREOF, this agreement has been executed this day of June, 2001. Attest: By: Heather Woodruff, City Clerk Attest: By: Title: CITY OF FAYETTEVILLE, ARKANSAS By: DAN COODY, Mayor COX COMMUNICATIONS, INC. By: Title: • • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Coody and Council Members FROM: Marvin Hilton, Cable Administrator SUBJECT: Amendment to the Cable Franchise DATE: May 18, 2001 The Telecommunications Board, at their May 17 meeting, voted 4 - 1 to recommend that the City Council pass an amendment to the present Franchise Agreement to release Cox Communications of their obligation to carry a Little Rock, Arkansas, network affiliate broadcast station. This amendment will be, in effect, only temporary until a new franchise agreement is finalized and adopted by the City. Cox Communications conducted a survey which showed that a majority of Fayetteville Citizens prefer to have another station rather than the often "blacked out" channel four KARK from Little Rock. In accordance with federal regulations, Channel four on the Fayetteville system is now blacked out except when KARK Little Rock has non -duplicated programming such as the local news from Little Rock. See the Attached: Survey Report Page 34, paragraph C of the present franchise agreement 5 • • SURVEY REPORT The following is a brief report of the survey conducted by Cox communications concerning the blackout of channel 4: I . There was a 15% response 2. Total of 2,568 responses 3. 40.7% voted for UPN 4. 17.7% voted for AETN2 5. 33.1% voted for something else 6. 8.5% voted to keep the Little Rock station 7. Dennis is recommending that the Telecom Board recommend to the City Council that the requirement for the Little Rock station to be carried, be dropped and Cox allowed to choose a replacement. R • C. Grantee does not Communications Policy Act cramming services to be system; however, Grantee following broad categories major network affiliates; • waive its rights under the Cable of 1984 to determine specific pro - offered to subscribers on the upgraded shall offer as basic services the of programming: one Little Rock, one of each of the Arkansas, network affiliate broadcast station; public broadcast station; independent broadcast station; satellite - children's programming channel; satellite - music/cultural programming channel; satellite - sports programming channel; satellite - national public affairs channel; satellite - news programming channel; and, satellite - home shopping channel; provided, Grantee shall have the right to change the broad categories of programming offered as basic services upon any legal, regulatory or economic occurrence that substantially affects Grantee's ability to continue to provide such programming as basic services. D. Prior to commencing construction work related to the upgrade of the cable television system, Grantee shall submit to the City for its approval a detailed design and construction plan which identifies phases of construction and customer conversions. During the City's approval process, time requirements related to the cable system upgrade shall be stayed. -34- t18ERa�/7.t&GE 799 F c c 'r - • • STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF June 5, 2001 FROM: Marvin Hilton Cable Administration Administration Name Division Department ACTION REQUESTED: Passage of an amendment to the City's present franchise agreement to release Cox Communications from their obligation to carry a Little Rock, Arkansas, network affiliate broadcast station. COST TO THE CITY: $ 0 $ 0 Cost of this request Category/Project Budget Category/Project Name 0 Account Number Funds used to date Program Name 0 Project Number Remaining Balance Fund BUDGET REVIEW • Budgeted Item _ Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW GRANTING AGENCY: Accounting Manager Date Internal Auditor Date City Attorney p Date ADA Coordinator Date S— zy- o i Purchasing Officer Date STAFF RECOMMENDATION: Division Head • yip iector� 114 rvices Director D Date 'dmimstrativer Mayor Date 05-24-01P02:31 RCVD s F FAYETTEVI LLE THE CITY OF FAYETTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Marvin Hilton, Cable Administrator From: Heather Woodruff, City Clerk Date: June 18, 2001 Attached is a copy of the resolution approving the amendment to the Franchise agreement with Cox Communications. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit M C NAME OF FILE: Resolution No. 75-01 CROSS REFERENCE: 06/05/01 Resolution No. 75-01 06/05/01 Amendment to Franchise Agreement with Cox Communications, Inc. 05/18/01 Departmental Correspondence to Mayor Coody and Council Members from Marvin Hilton, Cable Administrator, regarding Amendment to the Cable Franchise Survey Report Page 34, paragraph C of the present franchise agreement 06/05/01 Staff Review Form 06/18/01 Departmental Correspondence to Marvin Hilton, Cable Administrator, from Heather Woodruff, City Clerk NOTES: