08-26-1998 Council Agenda - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 8, 1998 Scalze suggested that the definition of "abandonment" should be contained in the same letter. Fahey felt Media One would be hard - pressed to argue some other position if the letter is signed by an officer of the company. The City Attorney pointed out that he would prefer that these clarifications are ties to the amendment procedure set forth in the franchise agreement. The Attorney pointed out that Little Canada is an independent entity and has the right to have independent provisions in the Cable TV franchise agreement. Gibbs reported that the franchise is not contingent upon the adoption of ten identical franchises. However, Gibbs pointed out that lengthy period of time it took to development the franchise document, and was concerned about cities each amending two or three sections of the agreement. Gibbs felt Media One was better with a common document with a letter of understanding as to how the document is interpreted. Fahey suggested that the City Attorney capture the Council's thoughts in an addendum that would be adopted in addition to the franchise agreement. Gibbs pointed out that Media One could then adopt both the franchise agreement and the addendum. The City Administrator suggested that the definition of abandonment refer to cable plant no longer being used for transmission and not be considered as "in use" if it is merely being used to suspend fiber. Council agreed. Morelan asked if the coaxial cable would be required throughout the life of the franchise. Gibbs replied that one of the three or four coaxial cables may not be used. However, pointed out that the three or four strands are a bundle. Gibbs agreed that if the coax was not being used for transmission, it would be considered as abandoned. Griffin pointed out that the fiber may have up to 128 fibers within it, and was concerned that the City would require removal of individual fibers if they were not being used for transmission. Page 29