CC Resolution 9938
RESOLUTION NO. 9938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
RATIFYING THE SUSPENSION OF FORMAL CABLE TELEVISION
FRANCHISE RENEWAL PROCESS
WHEREAS, Hertiage Cablevision of California, Inc., doing business as AT&T
Broadband (AT&T) currently operates a cable system for the provision of cable service in the
City of Campbell; and
WHEREAS, consistent with the federal law, the City commenced a proceeding to
review the past performance of the cable operator, and to ascertain the future cable-related
needs and interests of the community; and
WHEREAS, on August 7, 2001, the City Council held a public hearing on the Report of
Cable-Related Needs and Interests (Report), adopted the Report, closed the ascertainment of
cable-related needs and interests and review of past performance of the cable operator, and
authorized the issuance of a Request for Renewal Proposal for a cable television franchise;
and
WHEREAS, the City Council finds it in the best interest of the City of Campbell to
suspend the formal cable television renewal process, in order for AT&T representatives to
provide an informal franchise renewal proposal and resume informal renewal discussions with
City representatives.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby ratify the attached correspondence that suspends the formal cable television
renewal process under terms and conditions specified in the attachment.
PASSED AND ADOPTED this 16th day of October 2001, by the following roll call
vote:
AYES: Councilmembers:
Furtado, Kennedy, Burr, Watson, Dean
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
APPROVED:
ATTEST:
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// ~/
{Ly~" 'Ci.{-l,-
Anne Bybee, City Clerk
Oct-11-01 05:45pm From-Mi liar & Van r;".on
2027851234
T-468 P,02/03 F-651
MILLER
& VAN
P. L. L. C.
EATON
MATrHEW C. AMES
KENNETH A. BRUNBTTlt
fREDERJCK E. ELLROD III
MARC] L. FRlSCHKORN'"
MlTSUKO R. HERRERA"t
W1LLlAM L. LOWERY
1155 CONNECTICUT AVENUE, N.W.
SUITE JOOO
WASHINGTON, D.C. 2003~4320
TELEPHONE (202) 7&5-0600
FAX (202) 785-1234
WILLlAM R. MALONE
NICHOLAS P. MILLER
HOLLY L. SAURERt
JOSEPH Y AN SA rO}l
;tAdmined to Practice in
Maryland Only
.. Admitted to Practice in
Virginia Only
t Admined to Practice in
California Only
MILLER & VAN EA "ON, L.L.I'.
400 MONTGOMERY STREET
SurfE 501
SAN FR.i\NCISCO, CALIFORNIA 94104-1215
TEl.~P110NE (415) 477.3650
FAX l41S) 477.3652
Incorporating the Practice of
Miller & Holbrooke
WWW.Ml"UERVANEATON.COM
OF COUNSEL:
JAMES R. HOBSON
GERARD L. LEDERER**
JOHN F. NOBLE
.. Admitted to Practice in
New Jersey Only
October 11, 2001
BY TELECOPIER AND FIRST CLASS MAIL
John F. Gibbs, Esq.
Robins Kaplan Miller & Ciresi, LLP
2800 LaSalle Plaza
800 La Salle A venue
Minneapolis, MN 55402-2015
Dear John:
Re: City of Campbell Cable Franchise Renewal
I "Wl'ite to confirm our conversation of Tuesday, regarding the formal renewal process in
Campbell. Without waiving any rights under applicable law, the City is prepared to suspend the
formal renewal process as pan of a renewed effort to reach agreement through informal
negotiations with AT&T.
As you know, under the terms of the City's Request for Renewal Proposals, AT&T was
required to submit a formal proposal to the City no later than October 15, 2001. The City agrees
to suspend that date, so long as informal negotiations recommence promptly and are proceeding
to the satisfaction of both parties. Either party may, at any time, notify the other party in writing
that it wishes IO re-initiate the fonnal process, in which case AT&T shall be required to submit a
formal proposal to the City no later than 30 days after the date of the notice. We understand that
AT&T, like the City, reserves all of its rights under 47 V.S.C. ~ 546.
Oct-11-01 05:45pm From-Mi liar" Van C'~ton
.
2027851234
T-468 P.03/03 F-651
, ..
MILLER & V AN EATON, P.L.LC.
-2-
City staff has placed Council ratification of the agreement to suspend the RFRP due date
on the October 16, 200 I City Council meeting.
Please let me know immediately if this does not reflect your understanding of our
conversation. In any event, please call me to discuss how to proceed. We would like to suggest
that AT&T submit an informal proposal responding to the key negotiating points in time for the
City to review in advance of any meeting. Although we will of course have to discuss the exact
language of the franchise documents, if at all possible we would like to begin that discussion
knowing that the key terms -- such as the timing of rebuild construction -- have been agreed
upon. 1 am sure you will appreciate that to justify the suspension of the formal process, it is very
important to the City that we make tangible progress on those items early on.
I am generally available for a telephone conference over the next two weeks. I could not
travel to California next week, and my schedule for the week of October 22 is up in the air, but I
could be in California any time the week of October 29. I look forward to hearing from you.
Very truly yours,
MilJer & Van Eaton, P.L.L.C.
By
cc: Barbara Lee
9014.,(l111\1CAOOS.48 DOC