RES-2004-015 Resolution re-entering Informal Franchise Renewal Negotiations with Time Warner Cable

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