Resolution No. 14-04 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 14-C)-'-/
A RESOLUTION EXTENDING THE TERM OF THE CABLE TELEVISION SERVICES
AGREEMENT WITH COMCAST OF OREGON II, INC. TO ENABLE THE METROPOLITAN AREA
COMMUNICATIONS COMMISSION TO COMPLETE THE FORMAL RENEWAL PROCESS
WHEREAS,the Metropolitan Area Communications Commission, hereinafter"MACC,"is an
intergovernmental cooperation commission formed by Intergovernmental Agreement("IGA")under
ORS Chapter 190,with Washington County and the cities of Banks, Beaverton, Cornelius, Durham,
Forest Grove, Gaston, Hillsboro, King City, Lake Oswego,North Plains, Rivergrove, Tigard, Tualatin
and West Linn as members ("Member Jurisdictions"); and
WHEREAS,the IGA contemplates that MACC and its Member Jurisdictions may grant one or more
nonexclusive cable franchise agreements to construct,operate, and maintain a cable service system
within the combined boundaries of the Member Jurisdictions; and
WHEREAS,on February 1, 1999, MACC and its Member Jurisdictions at that time, granted
nonexclusive cable franchise agreements ("Comcast Franchises")which are now held by Comcast of
Oregon II, Inc. ("Comcast"); and
WHEREAS,the Comcast Franchises will expire on January 31, 2014; and
WHEREAS,on March 9, 2011, Comcast requested that the Comcast Franchises be renewed; and
WHEREAS,the IGA authorizes MACC to process Comcast's renewal request on behalf of the Member
Jurisdictions,including informal negotiations as set forth in 47 U.S.C. 546(h) and the formal renewal
process set forth in 47 U.S.C. 546(a)-(g); and
WHEREAS,in its letter of April 5,2011, MACC properly responded to Comcast's request for renewal
of the Comcast Franchises and thereafter commenced the franchise renewal process set forth in federal
law at 47 U.S.C. 546; and
WHEREAS,on January 24, 2013, MACC directed staff to begin informal franchise renewal
negotiations with Comcast, as set forth in 47 U.S.C. 546 (h),which informal negotiations began in
February 2013; and
WHEREAS,on June 5, 2013, the Commission authorized the MACC Executive Committee to invoke
the formal renewal process set forth in 47 U.S.C. 546 (a)-(g), if informal renewal negotiations were not
successful; and
WHEREAS,on November 22, 2013, the Executive Committee found that further informal renewal
negotiations have no reasonable prospect of success and adopted Resolution 2013-06 directing MACC
staff to begin the formal renewal process set forth in 47 U.S.C. 546 (a)-(g); and
RESOLUTION NO. 14- ( "4
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WHEREAS,on December 11, 2013,the MACC Commission adopted Resolution 2013-08,ratifying
Resolution 2013-06 and recommending that Member Jurisdictions extend the Comcast Franchises to
allow MACC to complete the formal renewal process; and
WHEREAS,Comcast has agreed to execute extension agreements with each Member Jurisdiction; and
WHEREAS,the City of Tigard finds that it is in the best interest of the City and its residents to process
Comcast's request for renewal of the Comcast Franchise via the formal renewal process set forth in 47
U.S.C. 546 (a)-(g), and to extend the term of the Comcast Franchise to allow MACC to complete the
formal renewal process.
Now,therefore,
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1. Comcast's request for renewal of the Comcast Franchise will be processed through the
formal renewal process set forth in 47 U.S.C. 546 (a)-(g).
Section 2. The Mayor is hereby authorized to execute the extension agreement with Comcast
substantially in the form attached hereto as Exhibit A to allow MACC to complete the formal renewal
process set forth in 47 U.S.C. 546 (a)-(g).
Section 3. This resolution is effective immediately upon passage.
PASSED: This 144 ` day 2014.
Mayoo
City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 14-
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FRANCHISE EXTENSION AGREEMENT
WHEREAS, Comcast of Oregon I1, Inc. ("Comcast"), formerly TCI of the Tualatin
Valley, Inc., currently holds a cable franchise with Tigard, Oregon ("City"), with an effective
date of February 1, 1999, which will expire on January 31,2014("Franchise"); and
WHEREAS, the City entered into an Intergovernmental Agreement, in accordance with
ORS Chapter 190, with the Metropolitan Area Communications Commission ("MACC") for
transfer of administration responsibilities associated with the Franchise, including renewal
negotiations; and
WHEREAS, MACC, on behalf of the City, has been working to process Comcast's
request for renewal of the Franchise in accordance with 47 U.S.C. 546; and
WHEREAS, the parties have agreed to extend the term of the Franchise to allow
additional time for the renewal process to conclude.
NOW,THEREFORE,the City and Comcast agree as follows:
1. The Franchise shall be extended to expire on December 31, 2014, unless a renewed
franchise agreement takes effect prior to that date, in which case the Franchise shall
expire on the effective date of the renewed franchise.
2. All provisions of the Franchise, other than the duration of the Franchise as set forth in
Section 2.3, shall remain in full force and effect through the expiration date set forth
herein.
3. Neither party waives any right which it enjoys under law as a result of agreeing to this
Franchise extension.
ACCEPTED this 14th day of January, 2014.
Tigard, Oregon
By:
Print Nam
Title: r
ACCEPTED this day of January, 2014.
Comcast of Oregon II, Inc.
By:
Print Name:
Title:
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