HomeMy WebLinkAboutRES-2004-015 Resolution re-entering Informal Franchise Renewal Negotiations with Time Warner Cable~~S ~o~ -y o~i S
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Orange County Board of Commissioners
RESOLUTION
Authorizing Re-entry into Informal Franchise Renewal
Negotiations with Time Warner Cable Facilitated by
Dispute Settlement Center
of Orange- County
WHEREAS, the Board of County Commissioners on October 1, 2003 adopted at second
reading a franchise renewal ordinance with Time Warner Cable that represented the "best
offer" from the Orange County Cable Advisory Committee as agreed to by the Board;
and
WHEREAS, the Time Warner Cable representative attending the meeting spoke against
approval of the franchise renewal ordinance and stated that only "1 or 2 small issues"
separated the County and the cable operator; and
WHEREAS, Time Warner Cable officially responded to the County on October 31, 2003 in
a letter indicating that the adopted ordinance was not acceptable, and that they wished to
discuss with the County whether the parties could continue informal negotiations or resort to
the formal negotiation process; and
WHEREAS, County staff responded by requesting a written statement on the "1 or 2 small
issues" that could be addressed jointly over a reasonable period of time, given a history of
prolonged and often unproductive informal negotiations; and
WHEREAS, Time Warner Cable responded on February 17, 2004 by submitting a
revised franchise ordinance, which while it reflects concessions on density requirements
for cable service extension and discounted costs to the County for cable modem, still
presents areas of challenge and concern for the County on enforcement provisions and
PEG (Public Education and Government) issues; and
WHEREAS, the Cable Advisory Committee appointed by the BOCC to serve as the
citizen arm on franchise renewal and customer complaints has reviewed the current
situation and revised ordinance, and called upon the BOCC to consider moving forward
with a community needs assessment -the prerequisite to undertaking the more expensive
and adversarial, yet more decisive formal franchise renewal process; and
WHEREAS, the BOCC has an interest in initiating another round of "good faith"
negotiations with Time Warner Cable, but utilizing the services of a neutral, third party
facilitator, so as to thoroughly exhaust the informal negotiation process before moving
forward with the formal negotiation process;
NOW, TIiEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners authorizes the Cable Advisory Committee in conjunction with the County
Manager's Office to re-enter informal negotiations on the cable franchise renewal
ordinance with Time Warner Cable, utilizing the services of a neutral, third party
facilitator, and that a report be made to the BOCC on results by the beginning of May
2004 so that, if necessary, any funding implications for formal negotiations could be
evaluated as part of-the annual budget process for Fiscal Year 2004-05.
Adopted this the 16~' day of March, 2004.
Barry Jacobs, Chair
Orange County Board of Commissioners