Loading...
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: ///) // ~/ {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