HomeMy WebLinkAbout6548_CCv0001.pdf RESOLUTION NO. 6548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REDLANDS GRANTING A NON-EXCLUSIVE
FRANCHISE TO PROVIDE CABLE SERVICE TO
VERIZON CALIFORNIA INC.
WHEREAS, the City of Redlands is a "Franchising Authority" as defined by Title VI of
the Communications Act and is authorized to grant one or more nonexclusive cable franchises
pursuant to Government Code section 53066;
WHEREAS, Verizon California Inc. ("Franchisee") is in the process of planning and
installing a Fiber to the Premise Telecommunications Network ("FTTP Network") that will
occupy the public rights-of-way within the City for the transmission of non-cable services
pursuant to its status as a telecommunications carrier as set forth in Title 11 of the
Communications Act and under authority granted by the State of California; and
WHEREAS, the FTTP Network, once installed, will enable the provision of cable service
to the residents of Redlands; and
WHEREAS, negotiations between the City and the Franchisee have resulted in a
franchise agreement, which agreement comports with the requirements of applicable law; and
WHEREAS, notice of public hearing before the City Council of the City of Redlands
("this City Council") to consider the proposed cable franchise agreement was properly published
in the Redlands Daily Facts on September 19 and September 26, 2006, in accordance with
Government Code sections 6066 and 53066.3(a); and
WHEREAS, this City Council has reviewed the legal, technical and financial
qualifications of the Franchisee to operate and provide cable service within the City and the
City's staff has prepared a Report dated October 3, 2006 ("Staff Report") setting forth those
qualifications, the future cable-related needs and interest of the City and its residents, and
examining each of the requirements and criteria set forth by federal, state and local law with
respect to granting an additional cable television franchise, as well as any applicable provisions
in existing franchises; and
WHEREAS, after receiving the comments of interested persons and entities at a public
hearing affording due process to all such persons on entitlements, and deliberation of the entire
record regarding this matter before it, including other pertinent information, and specifically
considering each of the requirements and criteria enumerated in Government Code section
53066.3(a), 47 U.S.C. section 541(x), and all other applicable provisions of law, as well as any
applicable provisions in existing franchises, this City Council determines that it is in the public
interest to approve the proposed cable television franchise agreement and authorize and direct
the execution of the proposed Franchise Agreement;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION l: This City Council concludes the cable-related needs and interests of the
City and the Franchisee's legal, technical and financial qualifications to operate and provide
cable service within the City are accurately identified by the Staff Report and the supporting
evidence presented at the public hearing on October 3, 2006. The Staff Report and other
supporting evidence presented are hereby adopted by this City Council in its entirety as its
ascertainment of the cable-related needs and interests of the City, and the Franchisee's
qualifications to operate and provide cable service within the City. The Staff Report and
evidence also supports this City Council's consideration of each of the requirements and criteria
enumerated in Government Code section 53066.3(a), 47 U.S.C. section 541 (a), all other
applicable provisions of law, as well as any applicable provision in existing franchises. Tile
Staff Report is submitted herewith and hereby incorporated by reference.
SECTION 2: This City Council determines that it is in the public interest to grant a
nonexclusive franchise to operate and provide cable service to Franchisee. As evidence of its
consideration of each of the factors enumerated in Government Code section 53066.3(a), 47
U.S.C. § 541(a)(3), all other applicable provisions of law, as well as any applicable provisions in
existing franchises, this City Council hereby adopts the Findings of Fact in support of this
determination. A copy of the Findings of Fact is attached hereto and hereby incorporated by
reference.
SECTION 3: This City Council authorizes the grant of a nonexclusive franchise to the
Franchisee to operate and provide cable service within the City. This authorization is made in
accordance with the applicable provisions of Government Code section 53066.3 and Title VI of
the Communications Act. A copy of the Franchise Agreement in the form set forth and
presented to public hearing on October 3, 2006 is directed to be retained in the office of the City
Clerk for the purpose of public inspection.
SECTION 4: The Franchise Agreement in the form set forth and presented to this City
Council at this public hearing is approved, and the City Manager is authorized and directed to
execute that agreement on behalf of the City.
SECTION 5: The effective date of the Franchise Agreement shall be the date set forth in
the Franchise Agreement.
SECTION 6: The City Clerk shall certify to the adoption of this Resolution.
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ADOPTED, SIGNED and APPROVED this 3rd day of October, 2006.
Jo arrison, Mayor
Attest:
City C rk
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular meeting thereof held on the 3rd day
of October, 2006, by the following vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar; Mayor Harrison
NOES: Councilmember Gil
ABSENT: None
ABSTAIN: None
City Cle
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