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RES-2004-015 Resolution re-entering Informal Franchise Renewal Negotiations with Time Warner Cable
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RES-2004-015 Resolution re-entering Informal Franchise Renewal Negotiations with Time Warner Cable
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Last modified
4/18/2011 3:51:08 PM
Creation date
1/31/2011 3:21:08 PM
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BOCC
Date
3/16/2004
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
5e
Document Relationships
Agenda - 03-16-2004-5e
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\Board of County Commissioners\BOCC Agendas\2000's\2004\Agenda - 03-16-2004
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~~S ~o~ -y o~i S <br />S~ <br />Orange County Board of Commissioners <br />RESOLUTION <br />Authorizing Re-entry into Informal Franchise Renewal <br />Negotiations with Time Warner Cable Facilitated by <br />Dispute Settlement Center <br />of Orange- County <br />WHEREAS, the Board of County Commissioners on October 1, 2003 adopted at second <br />reading a franchise renewal ordinance with Time Warner Cable that represented the "best <br />offer" from the Orange County Cable Advisory Committee as agreed to by the Board; <br />and <br />WHEREAS, the Time Warner Cable representative attending the meeting spoke against <br />approval of the franchise renewal ordinance and stated that only "1 or 2 small issues" <br />separated the County and the cable operator; and <br />WHEREAS, Time Warner Cable officially responded to the County on October 31, 2003 in <br />a letter indicating that the adopted ordinance was not acceptable, and that they wished to <br />discuss with the County whether the parties could continue informal negotiations or resort to <br />the formal negotiation process; and <br />WHEREAS, County staff responded by requesting a written statement on the "1 or 2 small <br />issues" that could be addressed jointly over a reasonable period of time, given a history of <br />prolonged and often unproductive informal negotiations; and <br />WHEREAS, Time Warner Cable responded on February 17, 2004 by submitting a <br />revised franchise ordinance, which while it reflects concessions on density requirements <br />for cable service extension and discounted costs to the County for cable modem, still <br />presents areas of challenge and concern for the County on enforcement provisions and <br />PEG (Public Education and Government) issues; and <br />WHEREAS, the Cable Advisory Committee appointed by the BOCC to serve as the <br />citizen arm on franchise renewal and customer complaints has reviewed the current <br />situation and revised ordinance, and called upon the BOCC to consider moving forward <br />with a community needs assessment -the prerequisite to undertaking the more expensive <br />and adversarial, yet more decisive formal franchise renewal process; and <br />WHEREAS, the BOCC has an interest in initiating another round of "good faith" <br />negotiations with Time Warner Cable, but utilizing the services of a neutral, third party <br />facilitator, so as to thoroughly exhaust the informal negotiation process before moving <br />forward with the formal negotiation process; <br />
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