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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: September 7, 2005 <br />Action Agenda <br />Item No. q-d <br />SUBJECT: Report on Cable Television Franchise Ordinance Negotiations <br />DEPARTMENT: County Manager <br />PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />Proposed Cable Television Franchise <br />Ordinance/Agreement <br />INFORMATION CONTACT: <br />Michael Patrick, Chair, Cable Advisory <br />Committee <br />Gwen Harvey, Assistant County <br />Manager, 245-2300 <br />TELEPHONE NUMBERS: <br />Hillsborough 732-8181 <br />Chapel Hill 968-4501 <br />Durham 688-7331 <br />Mebane 336-227-2031 <br />PURPOSE: To receive a report on the outcome of facilitated negotiations with Time Warner <br />Cable (TWC) for renewal of the cable television franchise in unincorporated Orange County, <br />BACKGROUND: In the fall of 2003, the Cable Advisory Committee, Triangle J Cable <br />Consultant, and County staff brought forward a proposed cable television franchise <br />ordinance/agreement that was adopted by the BOCC after a second reading. TWC officials <br />challenged the ordinance/agreement and declined to sign, calling upon the BOCC to re- <br />establish informal negotiations and allow further opportunity to reconcile remaining differences, <br />The BOCC granted this request and authorized staff to retain the services of Andy Sachs of the <br />Dispute Settlement Center to facilitate new negotiation sessions. TWC and the County shared <br />equally in the cost of facilitation services. <br />A series of facilitated sessions were conducted between June 2004 and August 2005. The <br />negotiating team was comprised of: (TWC) Brad Phillips, Vice President/Government and <br />Public Affairs; Andi Curtis, Assistant to the VP/GPA; Trish McCausland, Assistant Chief <br />Counsel, Regulatory and (County) Michael Patrick, Chair, Cable Advisory Committee; and <br />Gwen Harvey, Assistant County Manager. Additional County staff - Legal, Finance, <br />Purchasing, Clerk's Office - provided technical support and guidance as needed throughout the <br />process, along with the entire Cable Advisory Committee and Bob Sepe, Action Audits, LLC, <br />Commissioner Steve Halkiotis, BOCC liaison to the Cable Advisory Committee, met with the <br />negotiating team on September 1 to review the outcome. <br />The proposed Cable Franchise Ordinance/Agreement attached represents the "best effort" of <br />both parties to address key objectives within a "good faith" negotiation process as authorized by <br />the BOCC. County staff and TWC officials recommend that the BOCC accept and approve the