31-02 Ordinance RECORD OF ORDINANCES
Da on Le al Blank Co. Form No. 30043
Ordinance No ...........................31_-02...................... Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CABLE T.V. FRANCHISE AGREEMENT
WITH ADELPHIA COMMUNICATIONS
WHEREAS, the City of Dublin ("City") finds that the development of cable television
and communications systems has great benefit to and impact upon the residents of
Dublin; and
WHEREAS, because of the complex and rapidly changing technology associated with
cable television and communications systems, the City further finds that the public
convenience, safety and general welfare can best be served by establishing regulatory
powers which should be vested in the City or such persons as the City shall designate;
and
WHEREAS, the City has previously properly annexed portions of Washington
Township, Franklin County, Ohio that contained then current subscribers to the cable
television service provided by the Grantee; and
WHEREAS, there have been identified community needs that need to be
accommodated within the context of the issuance of a Franchise to the Grantee; and
WHEREAS, it is the intent of this Ordinance and subsequent amendments to
provide for and specify the means to attain the best possible public interest and
public purpose in these matters; and
WHEREAS, the Franchise issued pursuant to this Ordinance shall be deemed to
include these findings as an integral part thereof; and
WHEREAS, the Grantee desires a cable television Franchise be granted by the
City.
NOW, THEREFORE, BE I'~ ORDAINED by the Council of the City of Dublin,
State of Ohio ("Council"), of the elected members concurring:
Section 1. That the Grantee be issued a Franchise, and the authority, right, and
privilege, for a seven (7) year period from and after the effective date of the
Franchise, to construct, operate, own, and maintain a cable system above, along,
within, and under the streets, and public ways and public places within the City, as
the same now or in the future may exist.
Section 2. That the City Manager, or her or his designee, is authorized, on behalf
of Council to execute, at the appropriate time, the Franchise Agreement between the
parties.
Section 3. That this enacting Ordinance shall not be construed to:
a) prejudice or limit any past, present or future rights the City may
have to review the technical, legal, financial and character qualifications of the
Grantee during the operation of the Franchise or any Franchise proceedings; or
b) waive any of the City's rights with respect to Grantee's compliance
with the terms, conditions, requirements, and obligations set forth in the Franchise,
including the City's right to compel Grantee to comply with the lawful provisions
of the Franchise.
Section 4. That the City Manager, or her or his designee, is additionally
authorized on behalf of Council, to execute, at the appropriate time, such
RECORD OF ORDINANCES
Da on Le al Blank Co. Form No. 30043
Ordinance No ............................3.1_-02...................... Passed ........................................Page..2......,
documents or ancillary agreements as maybe necessary for the complete and
proper execution of the Franchise and the understanding between the parties.
Section 5. That this Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
Passed this ~ day of , 2002
Mayor -Presiding Officer
ATTEST:
~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
~v~ erk of Council, Dublin, Ohio
Department of Service
6351 Shier-Rings Road • Dublin, Ohio 43016-1243
Phone: 614-761-6570 Fax: 614-761-6512
CITY OF DUBLIN
emo
To: All Members Dublin City Council
From: Marsha Grigsby, Interim City Manager/Director of Fnance
Initiated by: Dana L. McDaniel, Assistant City Manager/Director of Service
Date: February 28, 2002
Re: Adelphia Communications Cable TV Franchise, Ordinance 31-02
Staff recommends the approval of Ordinance Number 31-02, authorizing the City Manager to enter
into a franchise with Adelphia Cable Communications, Inc. for the purpose of providing cable TV
services to Dublin residents. As you may recall, Paxton Cable served the Southwest area of the City
of Dublin and operated under an Agreement with Washington Township. The City initiated the
Cable Franchise process with Paxton Cable. During the course of negotiation, Paxton sold out to
Adelphia. Staff's primary intent is to insure that Adelphia (the old Paxton system) and any
additional systems are covered under a Dublin Franchise Agreement. Unlike previous cable TV
companies, Adelphia intends to grow their plan over time. They will not immediately do a 100%
overbuild of the City.
Bypassing this Ordinance, the following outcomes may result, as a minimum:
1. Amore competitive market place than before that will enable consumer choice.
2. Consumer choice may lead to improved customer service, lower prices, and/or more
programming and additional services for the dollar.
The Franchise Agreement itself is intended to:
1. Mirror, to the extent possible, the existing Time Warner and WOW (previously Ameritech
New Media) franchise agreements.
2. Create a fair and level playing field between all cable TV providers.
The following highlights key aspects of the Agreement that mirrors the WOW and Time Warner
Communications agreements.
A. Seven (7) Year Agreement
B. 3% Franchise Fee (ability by Council action to increase to 5%)
C. Pay to City .5% above franchise fee for duration of franchise
D. Most Favorite Nation
E. Dublin-only channel
F. Emergency override capability
G. Video insertion
H. Dublin only system
I. Reimburse attorney fees
J. Include Telecom Act 961anguage for definitions of cable and non-cable services and
gross revenues.
February 28, 2002
D. McDaniel - Adelphia Cable T.V.
Page 2
Competition in cable TV services is only the beginning in a long line of telecommunications services
yet to be brought before the City. The City's general approach to date has been supportive of
competition in telecommunications services. This Franchise Agreement is yet another in this long
line of services.
Questions maybe addressed directly to Dana McDaniel w: 410-4751, h: 717-0861, m: 206-3311 or
to Greg Dunn, attorney, at 462-2339. If you desire a complete copy of the agreement for review,
please contact Dana and he will deliver it to you.
Thank you.
DLM/tb