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Town of Erie
File #: 20-477    Version: Name:
Type: General Business Status: Agenda Ready
File created: 9/22/2020 In control: Town Council
On agenda: 10/27/2020 Final action:
Title: An Ordinance of the Board of Trustees of the Town of Erie Approving the Renewal of A Non-Exclusive Cable Franchise Agreement with Comcast of Colorado IX, LLC for the Use of Public Rights-of-Way
Attachments: 1. Ordinance, 2. Comcast Franchise Agreement, 3. Erie Franchise 2020 complete

SUBJECT:  GENREAL BUSINESS

Title

An Ordinance of the Board of Trustees of the Town of Erie Approving the Renewal of A Non-Exclusive Cable Franchise Agreement with Comcast of Colorado IX, LLC for the Use of Public Rights-of-Way

Body

 

DEPARTMENT:  IT

 

PRESENTER:  Denise Jakan, IT Director

                                              Ken Fellman, Legal Counsel

 

TIME ESTIMATE:  30 minutes

only required for non-consent items

 

FISCAL SUMMARY: N/A

Cost as Recommended:                                           

Balance Available:                                                                 

Budget Line Item Number:                                            

New Appropriation Required:                                            

 

STAFF RECOMMENDATION:

Recommendation

Approve the Ordinance and Non-Exclusive Cable Franchise Agreement with Comcast of Colorado IX, LLC

End

 

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

Town of Erie staff and legal counsel Ken Fellman, of Kissinger and Fellman, have been negotiating a new Franchise Agreement with Comcast of Colorado IX, LLC (Comcast) for over 18 months. The previous 15 year agreement expired in May of 2019 and was allowed to continue month to month during negotiations.

 

With this new Franchise Agreement the Town will receive:

                     Franchise Fee payments equal to 5% of gross Comcast revenues from Town of Erie Subscribers - paid quarterly

                     Quarterly and Annual Franchise Fee Reports

                     Public, Education and Government (PEG) access channel

                     One high definition (HD) digital access channel

                     One standard definition (SD) digital access channel

                     Regular testing of cable service outages - reports provided quarterly

 

This Franchise Agreement has a ten year term and will take effect upon execution by all parties.

 

Board Priority(s) Addressed:

ü                     Prosperous Economy

ü                     Effective Governance

ü                     Fiscally Responsible

 

ATTACHMENTS:                      

1.                     Ordinance

2.                     Franchise Agreement