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1 RESOLUTION NO. 10,099
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A RESOLUTION OF INTENT TO ABANDON
INFORMAL FRANCHISE RENEWAL NEGOTIATIONS
AND TO SEEK A FORMAL PROCESS IF A
FRANCHISE AGREEMENT WITH COMCAST CABLE
COMPANY, INC. IS NOT IN PLACE BY DECEMBER 15,
1997; AND FOR OTHER PURPOSES.
WHEREAS, the City entered into a franchise agreement with Riverside Cable
Company, Inc., on February 19 ,1980, for a period of fifteen (15) years pursuant to Little
Rock, Ark., Ordinance No. 13,790; and
WHEREAS, the ability of the City to enforce significant terms of this original
agreement were preempted by federal law as contained in the Cable Communications Policy
Act of 1984 ("the 1984 Cable Act") and the Cable Television Consumer Protection and
Competition Act Act of 1992 ( "the 1992 Cable Act") , but the City still has the authority to
withhold renewal of a franchise agreement if a cable provider is not meeting community
needs as set forth in 47 U.S.C. § 546; and
WHEREAS, to date the City and Comcast Cable, the successor to the cable franchise
originally granted to Riverside Cable TV, Inc., have been using an informal process under
the 1992 Cable Act to renegotiate a franchise renewal within the City with the hope that the
City can obtain additional assistance with its governmental access channel, an update in the
facilities being used with in the City, and certain other guarantees; and
WHEREAS, despite attempts to reach agreement with Comcast, the City has been
informed that agreement is not immediately forthcoming even though the City believes that
the conditions it is requesting are authorized under the 1984 and the 1992 Cable Acts; and
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WHEREAS, the City now believes that the only way it can get either a renewal or
a new cable television provider that will meet the City's legitimate cable - related needs and
interests is to undertake what is commonly referred to as the formal renewal process,
consisted with 47 U.S.C. § 546.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The City Board of Directors states its intent to undertake a formal
franchise renewal process by December 16, 1997, if an agreement with Comcast acceptable
to the City is not presented for execution on December 15, 1997.
SECTION 2. The City Attorney is directed to file all appropriate papers required by
the 1984 and the 1992 Cable Acts on or after December 16, 1997, if the City and Comcast
do not reach an agreement prior to that date.
ADOPTED: October 7, 1997
ATTEST:
a 1 ..O a� "e�_
Robbie Hancock, City Clerk
APPROVED AS TO LEGAL FORM:
�tA� � N C -
Thomas M. Carpenter, Cit34ttorney
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APPROVED:
Jimt6ailey, Mayor
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