HomeMy WebLinkAboutReso - CC - 082-2000RESOLUTION NO. 82-2000
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE
CITY OF BURLINGAME AND RCN TELECOM SERVICE OF CALIFORNIA, INC.
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, RCN Telecom Service of California, Inc. (RCN) has asked the City of
Burlingame to grant RCN a cable television franchise pursuant to Chapter 6.48 of the Burlingame
Municipal Code; and
and
WHEREAS, such a franchise would be the second franchise for cable television in the City;
WHEREAS, pursuant to Government Code section 53066.3 and the Burlingame Municipal
Code, the City is entitled to approve more than one cable television franchise in the City; and
WHEREAS, the United States Government has determined that local agencies such as the
City should have little or no input or influence over the operation or provision of cable television
services within agency boundaries; and
WHEREAS, the City has negotiated an agreement with RCN to grant such a franchise that
is contained in Exhibit A hereto and that is consistent with Federal, State, and City law; and
WHEREAS, on August 7, 2000, the City Council held a public hearing on the proposed
agreement that was duly noticed pursuant to Government Code section 53066.3, and the Council
received and considered all testimony and documentation that any interested person wished to submit
on the matter to the close of the public hearing; and
WHEREAS, it is hoped that the additional service and competition that RCN will offer the
community will provide options in the selection of video programming, local and long distance
telephone service, and access to the Internet and similar services, and
WHEREAS, it is further hoped that this additional competition may improve the quality of
some or all of these services in the community and may lower or at least reduce increases in the rates,
fees, and charges for these services; and
WHEREAS, while there will be a temporary adverse effect from the construction of the new
cable system, this effect will be temporary and outweighed by the long term benefits of the availability
of the new system; and
WHEREAS, the new systemwill have aminor adverse aesthetic impact because of additional
cable on poles in the City and some additional above -ground equipment in underground utility district
areas, but this impact will also be greatly outweighed by the availability of the new system and little
different than the additional cabling and equipment that one might expect from existing utility service
uses; and
WHEREAS, there will be little or no disruption or inconvenience to existing users or any
adverse impact of future use of utility poles, public easements, or public rights-of-way, RCN will
comply with requirements of the Municipal Code and the Public Utilities Code, and the Municipal
Code contemplated such an eventuality by providing for non-exclusive franchises for cable television
systems; and
WHEREAS, RCN appears to have the technical and financial ability to perform its
obligations under the franchise agreement and to construct and operate the proposed system; and
WHEREAS, RCN will provide the same essentially universal system that the current
franchise holder is providing; and
WHEREAS, the limited societal interests that the current franchise holder is expected to meet
will also be met by RCN; and
WHEREAS, the economics of providing a cable television system is not within the expertise
of the City, but RCN as well as others have been providing such systems throughout the country and
such a system is being provided in nearby cities already; and
WHEREAS, the proposed agreement has been negotiated, noticed, and considered in
accordance with Federal, State, and City laws, is consistent with franchises granted in other nearby
communities, and is competitively neutral and nondiscriminatory with regard to the existing franchise
holder; and
WHEREAS, it is in the interest of the City and the community to approve the proposed
agreement,
2
NOW, THEREFORE BE IT RESOLVED, the City Council ofthe City ofBurlingame does
hereby resolve, determine, and find as follows:
1. The cable television franchise agreement contained in Exhibit A hereto is approved.
2. The City Manager is authorized and directed to execute the Agreement by and on
behalf of the City, and the City Clerk is authorized and directed to witness the signature of the City
Manager.
b - nom,,,
Mayor
I, Ann T. Musso, City Clerk of the City of Burlingame, do hereby certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 7th day of August;
2000, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: Coffey, Spinelli, Janney, Galligan, O'Mahony
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
alkliyi, y72t 1z
City Clerk
CAW P51\FILES\RESOMcnifrnuchise.fin.wpd