HomeMy WebLinkAboutOrd. 20606COUNCIL ORDINANCE NO. 20606
COUNCIL BILL 5199
An Ordinance Extending the Term of Ordinance No.
19775 and Ordinance No. 20397 Granting to Comcast of
Oregon II, Inc. a Franchise for Operation of a Cable
Telecommunications System
ADOPTED: November 13, 2018
SIGNED: November 19, 2018
PASSED:
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: December 20, 2018
Eugene
ORDINANCE NO. 20606
AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 19775
AND ORDINANCE NO. 20397 GRANTING TO COMCAST OF OREGON
II, INC. A FRANCHISE FOR OPERATION OF A CABLE
TELECOMMUNICATIONS SYSTEM.
The City Council of the City of Eugene Finds that:
A. The federal Cable Act requires a franchise for the operation of cable
telecommunications systems and provides for a formal or informal renewal process under the
Cable Act.
B. The Cities of Eugene and Springfield, together with Lane County, granted a
franchise to Comcast of Oregon II, Inc. ("Comcast") for the operation of a cable communication
system, and have designated the Metropolitan Policy Commission (MPC), acting as the cable
commission, as the representative of the local franchising authorities in administration of the
franchise.
C. The City of Eugene enacted Ordinance No. 19775 on May 13, 1991, granting the
franchise.
D. The City of Eugene enacted Ordinance No. 20397 on October 22, 2007, amending
and renewing the franchise through August 1, 2018.
E. The parties had been negotiating in good faith to renew the franchise by the August
1, 2018 expiration date, but were unable to complete negotiations by that deadline. Therefore, on
July 23, 2018, the City of Eugene enacted Ordinance No. 20604, extending the term of the
franchise up to and through January 1, 2019.
F. The Cities of Eugene and Springfield, Lane County, and Comcast continue good
faith negotiations under the Cable Act's informal process to renew Comcast's cable franchise,
however, the parties anticipate those negotiations will not be completed in atimeframe that would
allow the City of Eugene to adopt a franchise renewal by January 1, 2019.
G. The Cities of Springfield and Eugene, and Lane County have determined that it
serves the public welfare to extend the term of the current franchise from January 1, 2019 up to
and through June 30, 2020.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The franchise granted to Comcast in Ordinance No. 19775 and Ordinance No.
20397 shall be extended up to and through June 30, 2020.
Ordinance - Page 1 of 2
Section 2. The City of Eugene and Comcast agree that execution of this extension does
not waive any rights that either party may have under the Cable Communications Policy Act of
1984, as amended, 47 U.S.C. §§ 521 et seq., or other provision of federal, state, or local law.
Section 3. Other than the duration of the franchise set forth herein, Ordinance 19775 and
Ordinance No. 20397 shall continue in full force and effect.
Passed by the City Council this
Dffi day of November, 2018
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I:City Recorder
Ordinance - Page 2 of 2
Approved by the Mayor this
1'7_ of November, 2018
Mayor
WRITTEN ACCEPTANCE OF ORDINANCE NO. 20606
CITY OF EUGENE, OREGON
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF EUGENE, OREGON:
On November 13, 2018, the City Council of the City of Eugene, Oregon enacted
Ordinance No. 20606 entitled:
AN ORDINANCE EXTENDING THE TERM OF ORDINANCE. NO. 19775
AND ORDINANCE NO. 20397 GRANTING TO COMCAST OF OREGON
II, INC. A FRANCHISE FOR OPERATION OF A CABLE
TELECOMMUNICATIONS SYSTEM.
The Ordinance was duly approved and signed on November 19, 2018, by the Mayor of
the City of Eugene, and attested by the City Recorder. The effective date of the Ordinance is
December 20, 2018.
The Ordinance extends the franchise term up to and including June 30, 2020. All other
terms and conditions of the franchise remain the same and in full force and effect.
NOW, THEREFORE, Comcast of Oregon II, Inc. accepts Ordinance No. 20606 and all
of the terms and conditions of the Ordinance, subject to applicable federal, state and local law.
IN WITNESS WHEREOF, Comcast of Oregon II, Inc. has caused this acceptance to be
duly executed this 'cab r.- day ofAu..42018.
Comcast of Oregon Il, Inc.
Receipt of the original of the duly executed acceptance by Comcast of Oregon II, Inc. of
all the terms and conditions of Ordinance No. 20606 of the City of Eugene, Oregon, is hereby
acknowledged this aty t" day of Dft, , 2018.
City Recorder