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ADOPTED:/¢³®¡¤± ΐΐǾ ΑΏ21
SIGNED:/¢³®¡¤± ΐΒ,2021
PASSED:6:2
REJECTED:
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ORDINANCE NO. 20660
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. (ÐComcastÑ) 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 term of the franchise has since been extended several times, most recently by
Ordinance No. 20629, adopted on April 27, 2020, which extended the franchise through December
31, 2021. The Cities of Eugene and Springfield, Lane County, and Comcast agreed that the
extensions were needed for several reasons, including but not limited to, delays in negotiations
due to difficulties resolving a franchise fee review, which has since been resolved; and the Federal
Communications Commission (FCC) adopting in 2019 a final order and rules regarding cable
regulation (FCC Cable Order) that is unfavorable to local government franchising authorities and
affects franchise negotiations.
F. Numerous local franchising authorities, including the City of Eugene, filed a
lawsuit challenging the FCC Cable Order. Although the Sixth Circuit Court of Appeals recently
ruled primarily in favor of the FCC and the cable industry, and upheld the majority of the order,
additional litigation or petitions are likely to be filed in the case and will not be decided before the
current franchise expires on December 31, 2021.
G. The Cities of Eugene and Springfield, Lane County, and Comcast continue good
faith negotiations under the Cable ActÓs informal process to renew ComcastÓs cable franchise.
However, the parties anticipate that because of the likely additional litigation challenging the FCC
Cable Order as well as the number of remaining unresolved franchise issues, those negotiations
Ordinance - Page 1 of 2