City of Brighton - File #: ID-333-17

• File #: ID-333-17
• Version: 1
• Name: Comcast Franchise Agreement
• Type: Ordinance
• Status: Agenda Ready
• File created: 9/20/2017
• In control: City Council
• On agenda: 11/21/2017
• Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING A FRANCHISE AGREEMENT WITH COMCAST CABLE COMMUNICATIONS, LLC, GRANTING TO COMCAST CABLE COMMUNICATIONS, LLC A NON-EXCLUSIVE RIGHT TO SELL, FURNISH AND DISTRIBUTE CABLE SERVICES WITHIN THE CITY OF BRIGHTON; A NON-EXCLUSIVE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE CITY ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE CABLE SERVICES ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT; SPECIFYING THAT THE FRANCHISE SHALL BE EFFECTIVE UPON THE EFFECTIVE DATE OF THIS ORDINANCE AND FOR A TERM OF TEN (10) YEARS THEREAFTER; SETTING A FRANCHISE FEE OF 5% OF THE GROSS REVENUES OF COMCAST CABLE COMMUNICATIONS, LLC; PROVIDING FOR A SURCHARGE THEREFORE; PROVIDING FOR THE COLLECTION OF ‘PEG’ FEES TO SUPPORT THE CITY’S PEG OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT FOR AND ON BEHALF OF THE CITY AN...

Date	Ver.	Action By	Action	Result
11/21/2017	1	City Council

Body
Department of Information Technology
Reference: Comcast Franchise Agreement

To: Mayor Richard N. McLean and Members of City Council
Through: Philip Rodriguez, City Manager
Prepared By: Jeromy King
Date Prepared: September 20, 2017
PURPOSE
Renewal of the Comcast Franchise Agreement
BACKGROUND
On December 20, 2016 by Resolution 2016-138, the City extended its 2001 cable franchise agreement with Comcast in order to allow for sufficient time to complete a negotiation process for a new franchise. The City Attorney's Office, Staff, outside counsel, and Comcast have completed a recommended renewal Franchise Agreement with Comcast for City Council's consideration.
Approval or denial of a cable franchise renewal requires an ordinance of the City and an associated public hearing. It is important to note that federal law presumes that an incumbent cable operator has a right to a renewal of its franchise if it proposes and has the legal, financial, and technical capability to comply with a franchise that meets the future cable-related needs of the community, taking into account the cost of meeting those needs.
Review criteria by which a renewal of a cable franchise may be denied are set forth in federal law and include:
1. The Cable Operator does not have the financial, technical or legal qualifications to comply with the terms of a franchise that meets the future cable-related needs of the community, taking into account the costs of meeting those needs;
2. The Cable Operator will not provide adequate public, educational and governmental access channel capacity, facilities or financial support;
3. The Cable Operator's proposed terms do not comply with applicable federal, state and local laws and regulations, including but not limited to local customer service standards or relevant existing contractual obligations of the City; or
4. The Cable Operator has a record of violations of its obligations under its existing franchise with the City.

The City and Comcast hav...