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ORDINANCE NO. 20660 <br />AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 19775 <br />AND ORDINANCE NO. 20397 GRANTING TO COMCAST OF OREGON <br />II, INC. A FRANCHISE FOR OPERATION OF A CABLE <br />TELECOMMUNICATIONS SYSTEM. <br /> <br /> <br /> The City Council of the City of Eugene finds that: <br /> <br />A. The federal Cable Act requires a franchise for the operation of cable <br />telecommunications systems and provides for a formal or informal renewal process under the <br />Cable Act. <br /> <br /> B. The Cities of Eugene and Springfield, together with Lane County, granted a <br />franchise to Comcast of Oregon II, Inc. (ÐComcastÑ) for the operation of a cable communication <br />system, and have designated the Metropolitan Policy Commission (MPC), acting as the cable <br />commission, as the representative of the local franchising authorities in administration of the <br />franchise. <br /> <br /> C. The City of Eugene enacted Ordinance No. 19775 on May 13, 1991, granting the <br />franchise. <br /> <br /> D. The City of Eugene enacted Ordinance No. 20397 on October 22, 2007, amending <br />and renewing the franchise through August 1, 2018. <br /> <br /> E. The term of the franchise has since been extended several times, most recently by <br />Ordinance No. 20629, adopted on April 27, 2020, which extended the franchise through December <br />31, 2021. The Cities of Eugene and Springfield, Lane County, and Comcast agreed that the <br />extensions were needed for several reasons, including but not limited to, delays in negotiations <br />due to difficulties resolving a franchise fee review, which has since been resolved; and the Federal <br />Communications Commission (FCC) adopting in 2019 a final order and rules regarding cable <br />regulation (FCC Cable Order) that is unfavorable to local government franchising authorities and <br />affects franchise negotiations. <br /> <br />F. Numerous local franchising authorities, including the City of Eugene, filed a <br />lawsuit challenging the FCC Cable Order. Although the Sixth Circuit Court of Appeals recently <br />ruled primarily in favor of the FCC and the cable industry, and upheld the majority of the order, <br />additional litigation or petitions are likely to be filed in the case and will not be decided before the <br />current franchise expires on December 31, 2021. <br /> <br />G. The Cities of Eugene and Springfield, Lane County, and Comcast continue good <br />faith negotiations under the Cable ActÓs informal process to renew ComcastÓs cable franchise. <br />However, the parties anticipate that because of the likely additional litigation challenging the FCC <br />Cable Order as well as the number of remaining unresolved franchise issues, those negotiations <br />Ordinance - Page 1 of 2 <br /> <br />