HomeMy WebLinkAboutRES NO 89-00RESOLUTION NO. 8 9 "0~ 0
A RESOLUTION DECLARING THE CITY'S
INTENTION TO MODIFY THE FRANCHISE
AGREEMENT WITH 'rIME WARNER
ENTERTAINMENT ADVANCE/NEW HOUSE.
WHEREAS, Time Warner Entertainmenl Advance/New House ("Time Warner"
herein) has requested a twenty-four (24) month franchise fee exemption; and
WHEREAS, the City Council has determined that such a fee exemption would be
an amendment to the current franchise agreement between the City and Time Warner; and
WHEREAS, said fee exemption request relates to Time Warner's new Roadrunner
Internet Service; and
WHEREAS, certain recent court decisions have impacted the City's ability to
regulate internet service; and
WHEREAS, CITY wishes to encourage technological innovation and
implementation; and
WHEREAS, the fee exemption will be limited to revenues derived from Roadrunner
Highspeed Internet Services; and
WHEREAS, the City desires to receive public input on the franchise fee exemption.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. The City Council hereby declares its intention to grant a franchise fee
exemption to Time Warner relating to highspeed internet service, not to exceed twenty-four
(24) months.
3. The highspeed internet service fee exemption would apply to Time Warner
Entertainment Advance/New House.
4. Time Warner supplies non-exclusive CATV services in areas franchised
within the City of Bakersfield and now wishes to include highspeed internet services.
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5. The terms and conditions for the amendment to the franchises held by Time
Warner for CATV service and highspeed internet service normally requires the company
to pay a percentage of the gross receipts derived from supplying these services. The
amendment would allow Time Warner a fee exemption not to exceed twenty-four (24)
months for revenues derived from supplying highspeed intemet services, known as
Roadrunner.
6. The City Clerk is directed to publish a notice of a public hearing not less than
once within 15 days of the passage of this Resolution announcing that a public hearing will
be required on this Resolution. Said public hearing shall be held not less than 20, nor
more than 60 days after the passage of this Resolution.
7. The City Council may grant or deny the franchise amendment subject to the
right of referendum by the people.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUL 1 9 Z081} .,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, COUCH, MAGGARD, SULLiVAN, SALVAGGIO
COUNCILMEMBER
COUNCiLMEMBER ~1~
COUNCILMEMBER
APPROVED
JUL ~. 9
CITY CLERK and Ex Officio C¢/,~rk of the
Council of the City of Bakersfield
By
APPROVED AS TO FORM:
BART J, THILTGEN
City Attorney
Deputy City Attorney
S:\CO U NClL\Resos\TimeWamerCable Reso.wpd
July 14, 2000
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