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AN ORDINANCE APPROVING THE GRANT OF A CABLE FRANCHISE TO COMCAST COLORADO IX, LLC, APPROVING A CABLE FRANCHISE AGREEMENT BETWEEN COMCAST COLORADO IX, LLC, AND THE CITY OF COMMERCE CITY, COLORADO, AND APPROVING AND ADOPTING CUSTOMER SERVICE STANDARDS FOR CABLE OPERATORS
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Summary and Background Information:
o In 1995, the City granted a nonexclusive Franchise (the "1995 Franchise") to Mountain States Video Inc. d/b/a TCI of Colorado
o Comcast is the successor in interest to TCI
o The 1995 Franchise had a 15 year term and was to expire in November 2010
o Comcast and the City agreed to extend the term of the 1995 Franchise to Dec. 31, 2013, to allow Denver and Aurora to negotiate with Comcast on the provisions of a new franchise agreement that would become a model for the Denver Metro Area.
§ On October 25, 2010, the City Council adopted an ordinance to provide for the extension
§ Denver and Aurora adopted the new franchise agreement language earlier this year
o City Staff, with the aid of outside counsel, Ken Fellman, reviewed and made some revisions to the model franchise agreement
§ Comcast agreed to nearly all of the revisions, and the parties have come to agreement on the remaining issues
§ The new franchise agreement contains new, model customer service standards agreed to by Comcast and the Colorado Communications and Utilities Alliance ("CCUA"), formerly GMTC, and prior to that, GMCC.
Franchise Highlights:
o Authorizes Comcast to make use of City Rights-of-Way to provide cable service to its customers in the City (does not authorize provision of telecommunications services, but does not ban such services)
§ subject to police powers of the City to adopt and enforce ordinances necessary for safety, health, and welfare of the public
o 10 year term
o Franchise Fee paid to City in the amount of 5% of Comcast's Gross Revenues from City cable subscribers
o Programming/PEG:
§ City has little control over programming and cannot require specific channels be made available
§ Comcast will provide the following broad categories of programming to extent reasonably available:
· Educational programming;
· Colorado news, weather & information;
· Sports;
· General entertainment (including movies);
· Children/family-oriented;
· Arts, culture and performing arts;
· Foreign language;
· Science/documentary;
· National news, weather and information; and,
· Public, Educational and Government Access, to the extent required by this Franchise Agreement
§ Comcast must provide a parental control or lockout device upon request
§ Will make available to City both SD & HD channels for PEG (Public, Educational and Governmental) programming
· 2 SD channels now
· 1 HD channel within 120 days of request
· 2nd HD channel not earlier than 5 yrs from Jan. 1, 2014, and then within 120 days of request
o Comcast must provide an operating Emergency Alert System in compliance with FCC standards
o Comcast must provide one outlet of Basic Service and Digital Starter Service to all City buildings, schools and public libraries located within one hundred fifty feet (150') of the Cable System
Staff Responsible (Department Head): James Hayes
Staff Member Presenting: James Hayes
Staff Recommendation: Approval