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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: March 16, 2004 <br />Action Agenda <br />Item No. 5-e_ <br />SUBJECT: Resolution on Re-entering Informal Franchise Renewal Negotiations with Time <br />Warner Cable <br />DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />Proposed Resolution <br />Cable Ordinance Comparison <br />INFORMATION CONTACT: <br />Michael Patrick, Chair, Cable Advisory <br />Committee <br />Gwen Harvey, Assistant County <br />Manager, ext 2300 <br />TELEPHONE NUMBERS: <br />Hillsborough 732-8181 <br />Chapel Hill 968-4501 <br />Durham 688-7331 <br />Mebane 336-227-2031 <br />PURPOSE: To consider a resolution setting forth a strategy for the Cable Advisory Committee <br />of Orange County and the County staff re-entering into informal franchise renewal negotiations <br />with Time Warner Cable (TWC). <br />BACKGROUND: On October 1, 2003, the BOCC adopted on second reading an ordinance <br />outlining the County's "best offer" in a renewal agreement with TWC for cable services in the <br />unincorporated county. TWC has refused to sign the agreement and has called instead for re- <br />opening informal negotiations on what it sees as the 1 or 2 small issues" that remain. On <br />February 17, at the request of County staff, TWC provided a revised version of the ordinance <br />that would be acceptable to them. The Cable Advisory Committee has met and considered the <br />TWC request and expressed its concern to the Board Chair and Board Liaison, Commissioners <br />Jacobs and Carey, about simply continuing informal negotiations, and has encouraged the <br />County to consider initiating the formal negotiation process. The formal negotiation process <br />would take up to 3 years and would require an investment estimated at up to $300,000. <br />An alternative to embarking upon the more expensive and adversarial formal negotiation <br />process has recently been suggested. That is to engage the services of a neutral, third party <br />facilitator-mediator to bring the County and TWC together to attempt resolution. Andy Sachs, <br />who heads the Public Disputes Program at Dispute Settlement Center of Orange County, has <br />been contacted and agreed to serve in this capacity. Mr. Sachs would meet and confer with <br />both the County and TWC independently and develop a framework for "good faith" negotiations <br />that would be agreeable to both parties. TWC has been contacted about this alternative and <br />has agreed to this third party facilitator process A report would be brought back to the BOCC