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Minutes - 20040316
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Minutes - 20040316
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BOCC
Date
3/16/2004
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Minutes
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Agenda - 03-16-2004-
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populous. Time Warner came back finally and responded to the Board of County Commissioners' version <br />of the Ordinance and agreed to only two of the six positions. He said that as a committee they are <br />proposing as a last resort a mediation process with Time Warner. They have been told that Time Warner <br />will agree to attempt to mediate the remaining issues. This resolution will allow the committee and the <br />County Manager's office to attempt a mediation effort with Time Warner during the month of April. <br />Commissioner Halkiotis asked about the franchise fees to Orange Caunty. Michael Patrick said <br />that they paid $150,000 last year. <br />Commissioner Halkiotis asked how much these mediations are going to cast the County. <br />Michael Patrick said that he personally intends to be direct and to the point. He is a lawyer and he has sat <br />in on negotiations with Time Warner before. He knows what issues remain and he wants a short mediation. <br />He does not anticipate a great amount of money. <br />Commissioner Halkiotis said that he refuses to attend Caunty Commissioner functions that have <br />any kind of financial support by Time Warner Cable. He said that he could not attend any conferences last <br />year because Time Warner supported most of them. He finds it very troubling that the County <br />Commissioners' Association would be selling itself out by doing this. <br />John Link said that he does not intend far this to drag on and they have set aside April for this <br />mediation. Depending on the Board's action, they may be ready to appropriate funds in the budget to carry <br />forward with the formal process of renewal. <br />Michael Patrick said that he does not expect success, but if they are going to spend taxpayers' <br />money, they should at least go through this step. <br />Commissioner Brown said that Time Warner was at the meeting last fall where the same <br />proposal was brought forth and they rejected it. She was surprised that the man from Time Warner was <br />even there and he further suggested that they discuss it some more. Michael Patrick said that was Brad <br />Phillips and they have conceded since that time to the County's request on density. Time Warner agreed to <br />the density of 18 homes per mile. There are other unresolved issues. <br />Commissioner Brown said that the Time Warner letters are ringing in her ears and to start <br />another discussion with them after all these years, she does not feel that the outcome will be good. She <br />does think it is always wise to keep the avenue of communication open. She also thinks it is an interesting <br />prospect to look at any new technology. She thought that Time Warner was obligated to provide the <br />technology to have public meetings on a special channel. <br />Michael Patrick said that if they go through this process that they would be in a position to come <br />back at the end of April and tell the differences in the positions. At this time, he does not know Time <br />Warner's position on four of the issues. <br />Chair Jacobs added that he and Commissioner Carey, who are members of the Cable Advisory <br />Committee, and the Manager's staff met. He said that Commissioner Carey was very angry after reading <br />Mr. Phillips' letter. Commissioner Carey was still willing to undertake all of this with the understanding that <br />they have done all that they can. He said that Andy Sachs from the Dispute Settlement Center is willing to <br />work on this issue. He said that within the next six weeks they should be able to resolve whether the <br />County has done all it can in a collaborative way and if not, then they will address the issues in a more <br />formal way. <br />Commissioner Halkiotis said that when everything else fails they still have The Peoples Channel. <br />A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adopt <br />and authorize the Chair to sign the resolution as stated below setting forth a strategy for the Cable Advisory <br />Committee of Orange County and the County staff re-entering into informal franchise renewal negotiations <br />with Time Warner Cable {TWC}. <br />RESOLUTION <br />Authorizing Re-entry into Informal Franchise Renewal Negotiations with Time Warner Cable <br />Facilitated by Dispute Settlement Center <br />of Orange County <br />
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