Department of Attorney's Office
Reference: ALLO Franchise Agreement
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Marv Falconburg, Deputy City Manager
Yasmina Shaush, Assistant City Attorney
Jeanette Gallagher, Executive Administrator/Legal Assistant
Date Prepared: September 19, 2022
PURPOSE
To approve a franchise agreement, and other ancillary agreements, between the City of Brighton ("City") and ALLO Cable Communications, LLC ("ALLO").
STRATEGIC FOCUS AREA
Strong Local Employment Opportunities
BACKGROUND
The City Manager's Office, the City Attorney's Office, City staff across various department, outside counsel for the City, and ALLO, over the course of several months, have negotiated a franchise Agreement, and other related agreements, including a master license agreement and supplemental site license agreement (collectively, the "Franchise Agreement") for the installation of telecommunications systems across the City. The Franchise Agreement will be brought before the City Council for consideration at a regular meeting.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Approval or denial of a cable franchise requires an ordinance of the City and an associated public hearing. Review criteria by which 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; or
2. The Cable Operator will not provide adequate public, educational, and governmental access channel capacity, facilities, or financial support; or
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 ...
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