HomeMy WebLinkAbout1994-01-18; City Council; Resolution 94-30..
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RESOLUTION NO. 9 4 - 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CABLEVISION, INC., FRANCHISEE WITH THE CITY OF CARLSBAD
CALIFORNIA APPROVING TWO FIVE-YEAR EXTENSIONS TO DANIELS
WHEREAS, Daniels Cablevision, Inc. has requested two additional five-year exte
to its franchise, and;
WHEREAS, Daniels Cablevision, Inc., in consideration of the City of Carlsbad granti
requested franchise extensions, offered to increase the current 3% annual franchise fee tc
annual franchise fee immediately, and;
WHEREAS, Daniels Cablevision, Inc. also proposed to allow for a “technical ope
the end of the first five-year extension whereby new and proven technologies will be re\
to determine if the cable system has kept pace with current technology in accordanc
conditions that can be established as part of the extension process, and;
WHEREAS, the City Council in granting a second five-year extension, can esi
conditions to assure that the cable system keeps pace with the current technology at tha
and;
WHEREAS, the City Council of Carlsbad held a public hearing on the 18th I
JANUARY , 199‘4, providing members of the public an opportunity to expres:
views on the future cable-related community needs and interest, and the past performance
cable operator, and;
WHEREAS, City staff has reported its findings on future community needs of Car
and recent performance records.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb
follows:
1. The above recitations are true and correct.
2. The City Council hereby approves the requested two five-year extensions
Daniels Cablevision franchise, subject to the following conditions:
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a) Openers to the franchise shall occur at the following times for the stated purpos
i. 1994: The municipal code will be revised to incorporate provisions oi
1992 Cable Act and related F.C.C. regulations. Daniels Cablevision,
must comply with these changes to City ordinances.
ii. 1996-98: City will review a proposal submitted by Daniels Cablevision,
for a cable upgrade (video compression). Daniels Cablevision, Inc. !
comply with any conditions placed on City's approval of the upgrad4
iii. 2001: City will review franchisee's pace with new and prt
technologies. Daniels Cablevision, Inc. shall comply with any
conditions required by City as a result of the review.
b. Daniels Cablevision, Inc. maintains, or improves, its compliance with
franchise's P.E.G. requirements by its current mixing of programming.
c. Franchisee will continue the public service of live broadcasting of City Co
meetings at no cost to the City for the duration of the franchise.
d. Franchisee will continue five-minute free air time ("Take Five") for the duratil
the franchise.
e. Upon adoption of Ordinance No. NS-268 raising the franchise fee from 3% tc
Daniels Cablevision, Inc. will commence paying the new franchise fee begir
on the ordinance adoption date.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad
regular meeting held on the 18th day of JANUARY , 1994, by the following vote, t
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council Member Kulchin
1 ATTEST:
&ez&. k.L" ALETHA L. RAUTENKFUNZ, CMC
City Clerk