07-08-98 Council Minutes - Laserfiche WebLink

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MINUT~S CITY COUNC[L JULY 8, 1998 CABLE TV Fal~ey pointed ouC that at the last Council ~neeting two issues of concern FRANCFIISE were raised in considering the renewal of the Cable TV franchise. Those issues dealt with the undergrounding of cable and the City's rights in the event of abandonment of cable pllnt. In response to those concerns, the City AYtorney reviewed his memo dated July 2"`~. The Attorney pointed out tl~at Section 3, Subdivision 4 of the Franchise Ordinance provides that cable facilities wo~ild be required under~round if all other utilities are underground. I-Iowever, there is no provision in the franchise ordinance requiring cable facilities underground if od~er utilities are not. Section 2302.250 ofthe City's Ri~hts-Of-Way Ordinance requires new utility construction and the re~lacement of old equipment to be widerground unless otherwise provitled in the existing Fr2ncl~ise Ordinance. Therefore, tlie Francl~ise Agree~uent appea~s to be the operative ordinlnce. Tlte Attori~ey also pointed out that the term "abando~~menY' is not really detined in the Franchise Agreement, and the kights-Of-Way Ordinance refers to lbandonment 1s equipment that has not been used for two years. Jolm Gibbs, lttorney re~resentin~ Nledia One, appeared before the Counci] and st2ted that M~edia O~~e timderstauds that it is their obligation to put the Cable TV plant imder~ro~md in the event other tiitilities go w~derground. Gibbs indic~ted Yhat 1s part of the upgrade of the Cable TV system, there will not be much lbandoned plant, and if the City requires this plant to be removed, the company would be wil(in~ Yo do it. Gibbs pointed out there will be a bond in place to assure that this is doi~e. FIowever, tl~ere are times that clue to slfety coucerns aud disniption concerns it is better to leave aba~idoned pia~~t in place. Gibbs indicated tl~at Me~li1 One 1ece~ts that the Fraucl~ise Ordinauce and the Rights-Of-Way Ordinance are two separlte documents which are not perfectly worded, and ofPered to lddress the issue of the interpretation of ab~ndonment in a letter to the City. Gibbs reported that in ~~pgrlding the C1b(e TV system, Media One is cl~anging ol~t tl~e electronics of the system. The coaxial c~ble is stil] necessary for tl~e operation of the system after the up~rade. Tl~e coaxial caUle is still necessary Por the system to wor'Ic Piber is being added to the system, but tl~e coaxill clble will not be abindoned. Witl~ re~~rd to the iss~ie of abandonment, Fahey sag~ested that the franchise agreement ~rovide for notice from Media One if a}~ortion of the system is being abauda~ed, i.e. is not bein~ used for traus~nission purposes. Addition~Ily, the franchise agreement could provide the City with the authority to require removal on a discretionary basis given there m1y be circumstances where it would be better to not require uUlities to dig up boulevards. 3