HomeMy WebLinkAboutOrd. 20715COUNCIL ORDINANCE NO. 20715
AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 19775 AN]
ORDINANCE NO. 20397 GRANTING TO COMCAST OF OREGON II, INC. A
FRANCHISE FOR OPERATION OF A CABLE TELECOMMUNICATIONS
SYSTEM.
ADOPTED: November 25, 2024
SIGNED: November 26, 2024
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: December 27, 2024
ORDINANCE NO. 20715
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 term of the franchise has since been extended several times, most recently
by Ordinance No. 20678, adopted on November 28, 2022, which extended the franchise through
December 31, 2024. In general, the extensions were needed for various reasons that affected
and sometimes paused negotiations, such as difficulties resolving a franchise fee review, which
has since been resolved; 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; years -long multi -jurisdictional litigation, including the City of
Eugene as a petitioner, challenging the FCC Cable Order, which concluded in February 2022 with
a court ruling that was primarily favorable to cable operators. After the multi -jurisdictional litigation
concluded, the Cities of Eugene and Springfield, Lane County, and Comcast resumed good faith
negotiations under the Cable Act's informal process to renew Comcast's cable franchise.
However, the parties encountered substantial differences of position on several significant
provisions, including but not limited to a competitive equity provision and definitions of particular
terms. Those differences of position prevented the parties from being able to reach agreement on
a renewed franchise and stalled negotiations.
F. The Cities of Eugene and Springfield, Lane County, and Comcast resumed good
faith negotiations over this past year, and recently have come to tentative agreement on a mutually
acceptable competitive equity provision. However, due to the number of remaining unresolved
franchise issues and unavoidable delays in the negotiations schedule the past six months, those
negotiations will not be completed in a timeframe that would allow the City of Eugene to adopt a
franchise renewal by December 31, 2024.
Ordinance - Page 1 of 2
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 December 31, 2024, up
to and through December 31, 2025. The parties believe this extension will allow the parties time
to continue and complete negotiations for a franchise renewal.
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 December 31, 2025.
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 No. 19775
and Ordinance No. 20397 shall continue in full force and effect.
Passed by the City Council this
25t" day of November, 2024
Deputy City Recorde
Approved by the Mayor this
,24 day of November, 2024
Mayor
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