HomeMy WebLinkAboutOrdinance 14494.•
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ORDINANCE NO. ~ ! r
AN ORDINANCE AMENDING ORDINANCE NOS 8291, 10193, 12105 AND 13718 AND
FRANCHISE AGREEMENT DATED AUGUST 11, 1981 BY PROVIDING THAT
MARCUS CABLE ASSOCIATES, L.L.C. d/b/a CHARTER COMMUNICATIONS MAY
PETITION THE CITY COUNCIL IF THE CITY OF FORT WORTH AWARDS A
CABLE FRANCHISE TO ANOTHER ENTITY ON TERMS AND CONDITIONS WHICH
CAUSE A MATERIAL COMPETITIVE DISADVANTAGE THAT WILL LEAD TO
MATERIAL. FINANCIAL HARDSHIP TO MARCUS CABLE ASSOCIATES, L.L.C. d/b/a
CHARTER COMMUNICATIONS, PROVIDING A SAVINGS CLAUSE, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Marcus Cable Associates, L.L.C d/b/a Charter Commumcations ("Company") has
a franchise to own and operate a Cable System m the City of Fort Worth ("City") pursuant to Ordinance
Nos. 8291, 10193, 12105 and 13718 and the Franchise Agreement dated August 11, 1981 (collectively the
"Franchise"), and
WHEREAS, pursuant to Ordinance No 14300, adopted by the City Council on August 15, 2000,
the City granted a franchise to WideOpenWest Texas, L.L.C to own and operate a Cable System m the
City that contains a provision allowing WideOpenWest Texas, L.L C to petition the City Council for
relief if the City awards a cable franchise to another entity on terms and conditions which cause a material
competitive disadvantage that will lead to material financial hardship to WideOpenWest Texas, L.L.C
WHEREAS, Company has requested that the City amend Company's Franchise to include the
same provision,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF FORT
WORTH, TEXAS.
Section 1. The Franchise is hereby amended by adding the following paragraph to Article Section 3
("Grant Nonexclusive")
If the City awards a cable franchise to another entity on terms and conditions which cause
a matenal competitive disadvantage that will lead to matenal financial hardslp to Company, then
Company may petition the City Council by (i) describing the manner m which the proposed cable
franchise will cause a material competitive disadvantage to Company and (ii) estabhsling, with
clear and concise financial projections, the manner m which Company will suffer matenal
financial hardship as a result of such disadvantage The Crty Council shall promptly hold a hearing
providing due process on Company's petition, and if the City Council finds that (i) the proposed
franchise will cause a matenal competitive disadvantage to Company and (ii) Company has
established, with clear and concise financial projections, that such disadvantage will lead to
matenal financial hardship to Company, then the Crty Council will remedy such disadvantage or
hardship m a manner which the City Council, m its sole discretion, deems least harmful (or most
beneficial) to the City and its residents. Company hereby agrees and acknowledges that
technological issues or changes or advances m technology shall not constitute the basis for
Company to assert that it is at a competitive disadvantage, and Company shall not be entitled to
the remedies set forth m this paragraph as a result of the City's granting or proposing to grant a
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cable franchise to another entity whose cable system employs more advanced and/or more
desirable technology than Company's System.
Section 2. Capitalized terms that are used but not specifically defined m this Ordinance shall have the
same definitions as those provided m the Franchise All terms, provisions and conditions of the Franchise
that are not amended by this Ordinance shall remain m full force and effect.
Section 3. This ordinance shall be in full force and effect from and after its passage and written
acceptance by Company
this •Z 3 day of , 2000
~~
Pearson
FORM AND LEGALITY
By•
Peter Vaky
Assistant City Attorney
M&c G -/3/3 5
ACCEPTED AND AGREED TO
Marcus Cable Associates, L.L.C d/b/a Charter Commumcations
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Name ~1 G .e (~ {~e (/o s5 ~ v
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City of Fort Worth, Texas
M,,A~or Anil council C,ommun~cAtian
DATE REFERENCE NUMBER LOG NAME PAGE
1/23/01 G-13135 o2wow 1 of 1
SUBJECT AMENDMENT TO ORDINANCE GRANTING A CABLE FRANCHISE TO CHARTER
COMMUNICATIONS
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Charter
Communications' current cable franchise by adding a competitive neutrality clause
DISCUSSION
On August 15, 2000 (M&C L-12869), the City Council adopted Ordinance No 14300 which grants
WideOpenWest, LLC (WOW) a franchise to own and operate a cable system in the City of Fort Worth
The WOW franchise includes a competitive neutrality clause under which, in certain circumstances,
WOW may petition the City Council for relief if the City Council awards a subsequent cable franchise to
another company which negatively affects WOW's ability to compete against that company
During the City Council meeting on August 15, 2000, City staff agreed to offer other cable companies
directly competing with WOW the opportunity for the same clause to be included in their franchises.
Charter Communications has responded to the staff's offer and is requesting that its current cable
franchise be amended to include the same competitive neutrality clause that appears in WOW's
franchise Charter Communications has reviewed the language of the attached ordinance and has filed
a written acceptance of its terms and conditions with the City Attorney's Office
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Ramon Guajardo 6191 CITY C
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