Agenda - 02-20-1990 - Laserfiche WebLink

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PAGE 10 X. ITEMS FOR DECISION - REGULAR AGENDA A. CABLEVISION OF DURHAM FRANCHISE PROPOSAL Albert Kittrell reported that Cablevision of Durham submitted a Cable TV Franchise proposal requesting a five year delineated Franchise Agreement. Cablevision of Durham desires to provide cablevision service to approximately 253 homes in specific areas of northeastern Orange County. An investigation as to whether cable companies currently in the county could serve the northeastern areas was done. Alert Cable's service areas are not located in this part of the county. Carolina Cable service lines are as close as 1.5 miles from one area in the proposal and as far as 3 miles from other areas and it is anticipated they will extend service to the northeastern areas. Cablevision is requesting to serve a portion of the county for a very limited time period. Terrell Mayton, Vice-President of Marketing and Customer Service, stated they are requesting a delineated franchise to serve those areas adjacent to the Durham County line from Orange County. They receive numerous calls from citizens requesting this service. Commissioner Hartwell questioned the capability of Durham Cablevision having the mechanism to be able to telecast a program which may originate from Orange High School under the auspices of another cable company to homes of students who attend Orange High. Mayton emphasized their commitment to community programming and gave several examples. Their motivation is that there is a group of citizens who are within sight of their service and they have the capability of servicing them with minimum delay. The other cable companies are quite a distance from this area and it is not clear when they plan to extend service to those areas. Durham Cablevision's engineer stated that they have done much of the preengineering for the area under consideration. The mapping and system design is complete. They can provide service within 120 days. Randy Houser of Carolina Cable disputed this information stating that they are in the make-ready process which means that whoever applies first can build first. Until Carolina Cable is finished with their construction, Cablevision cannot perform any work there. He feels it cannot be done in 120 days. He pointed out to the Board that Cablevision of Raleigh/Durham has been operating in Orange County for at least a year without a franchise which is in direct violation of the County Ordinance as amended last year. A review of those portions is necessary at this time. He showed on the map where cablevision has infringed on their area. The County was notified of this last March. This means that Cablevision is not paying a gross receipt tax which Orange County is entitled to under the Ordinance. He pointed out that in the area of Cornwallis Road, Cablevision has applied for a makeready essentially to prohibit Carolina Cable from doing construction in violation of the ordinance which states that county construction on county right-of-ways is prohibited without a franchise. He asked what procedures the County intends to take to enforce the ordinance that is already approved to ensure that a granting of a franchise to Cablevision is applied equitable. Carolina Cable does not plan in the immediate future to serve the Maple Ridge, San Reba area. The area north of St. Mary's Road is an area where they can't reach directly because there is no Orange County right-of-way. They would have to go into Durham to get back to Orange County. They are currently constructing line in the St. Mary's/Pleasant Green area. Chair Carey stated, in answer to a question from John Link, that if the people in the area being discussed want cable and it can be provided by the present provider in Orange County, that that should be the process. However, if Carolina Cable cannot provide the service and it can be provided by another company, that it should be done. Commissioner Halkiotis asked that the cable issue be simplified so that everyone can understand it. He asked about the allegations of Cablevision of Raleigh/Durham being in violation of the present ordinance.