Record No: CB 119030    Version: 1 Council Bill No: CB 119030
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 9/11/2017
Ordinance No: Ord 125403
Title: AN ORDINANCE relating to cable television; authorizing the Mayor or the Mayor's designee to enter into a renewed Cable Television Franchise Agreement and an agreement regarding additional public benefits with WaveDivision I, LLC; and authorizing the Chief Technology Officer to enter into other agreements for the purpose of implementing or administering the renewed franchise.
Sponsors: Bruce Harrell
Attachments: 1. Att A – Cable Television Franchise Agreement, 2. Att B - Letter of Agreement
Supporting documents: 1. Summary and Fiscal Note, 2. Presentation, 3. Memorandum, 4. Wave Benefits Presentation (added; 9/7/17), 5. Signed Ordinance 125403, 6. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE relating to cable television; authorizing the Mayor or the Mayor’s designee to enter into a renewed Cable Television Franchise Agreement and an agreement regarding additional public benefits with WaveDivision I, LLC; and authorizing the Chief Technology Officer to enter into other agreements for the purpose of implementing or administering the renewed franchise.

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WHEREAS, WaveDivision I, LLC, a Delaware Corporation, (Wave) operates a cable system in Seattle under a franchise with The City of Seattle (City) authorized under Ordinances 122179 and 123741; and

WHEREAS, Wave's existing cable franchise agreement expires on November 11, 2017; and

WHEREAS, the renewal of cable television franchises is governed by 47 U.S.C. Section 521 et. seq., the federal Cable Act; and

WHEREAS, the City has been engaged in the informal process for cable franchise renewal with Wave as authorized by 47 U.S.C. Section 546(h); and

WHEREAS, the City has conducted a needs assessment to determine the current and future needs and interests of the community regarding Wave's cable system; and

WHEREAS, the City and Wave have negotiated in good faith to meet the identified needs and interests of the community; and

WHEREAS, pursuant to Article IV, Section 10 of the City Charter, at least 30 days has passed since introduction of this legislation; and

WHEREAS, pursuant to Article IV, Section 10 of the City Charter, this ordinance has been published in the official newspaper of the City for ten consecutive press days; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Mayor, or the Mayor’s designee, is authorized to enter into a renewed cable television franchise agreement with WaveDivision I, LLC, a Delaware Corporation, (Wave) in substantially the form attached to this ordinance as Attachment A ("Cable Television Franchise Agreement"), so long as the Cable Television Franchise Agreement is signed by Wave no later than 30 days from the effective date of this ordinance.

Section 2. The Mayor, or the Mayor’s designee, is authorized to enter into an agreement with Wave regarding additional public benefits in substantially the form attached to this ordinance as Attachment B ("Letter of Agreement"), so long as the Letter of Agreement is signed by Wave no later than 30 days from the effective date of this ordinance.

Section 3. The Chief Technology Officer (CTO) is authorized to enter into other agreements with Wave for the purpose of implementing or administering the Cable Television Franchise Agreement.

 

 

 

 

 

 

 

 

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2017, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2017.

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President ____________ of the City Council

Approved by me this ________ day of _________________________, 2017.

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Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2017.

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Monica Martinez Simmons, City Clerk

(Seal)

 

 

 

Attachments:                     

Attachment A - City of Seattle Cable Television Franchise Agreement By and Between The City of Seattle and WaveDivision I, LLC

Attachment B - Letter of Agreement