HomeMy WebLinkAbout20073174 HEARING CERTIFICATION
RE: HEARING FOR CONSIDERATION OF GRANTING THE FRANCHISE APPLICATION OF
K-2 COMMUNICATIONS, LLC
A public hearing was conducted on October 8, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Assistant County Attorney, Cyndy Giauque
The following business was transacted:
I hereby certify that pursuant to a notice dated September 21, 2007, and duly published
September 26, 2007, in the Fort Lupton Press,a public hearing was conducted to consider granting
the franchise application of K-2 Communications, LLC, including, but not limited to, non-exclusive
rights to further construct or update a cable television system along the streets, alleys, and public
right-of-way of the County. Bruce Barker, County Attorney, made this a matter of record.
Cyndy Giauque, Assistant Weld County Attorney, stated the Board has the authority to grant
non-exclusive franchises for cable television services since cable television companies utilize
county rights-of-way to deliver services to customers. She introduced David Beumer,
representative of K-2 Communications, LLC, and stated K-2 Communications, LLC, currently
provides cable television service to the Town of Mead and is interested in providing services for
County residents who live in close proximity to the Town of Mead. She further stated the franchise
agreement will be valid for a period of ten years, the standard length, and the agreement is a
standard form utilized by franchise holders. Ms. Giauque stated the franchise fee is five percent
of gross revenues, which is authorized by law. In response to Chair Pro-Tem Jerke, Ms. Giauque
stated the proposed service area is not in direct competition with another franchise, and reiterated
the franchise is non-exclusive, and explained the specifics of a non-exclusive franchise.
Responding to Commissioner Masden, Ms. Giauque stated the franchise holders within the County
typically do not have a large amount of subscribers; however, five percent of gross revenues will
be payable to the County on a quarterly basis. Further responding to Commissioner Masden,
Ms. Giauque indicated the monthly fees charged by K-2 Communications, LLC, seem to be
comparable with the rates charged by other cable television franchises.
Mr. Beumer stated the primary reason for the application is to be able to serve the new
developments within unincorporated Weld County which are adjacent to the Town of Mead. He
stated the company will provide cable television service to the future growth boundary identified by
the Town of Mead. He further stated the company plans to be able to provide immediate service
for the developments adjacent to the municipal boundaries,and two additional developments within
2007-3174
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HEARING CERTIFICATION - FRANCHISE APPLICATION FOR K-2 COMMUNICATIONS, LLC
PAGE 2
the general area may also be able to receive service. Mr. Beumer explained the service area to
be served is bordered by both Comcast and US Cable; however, neither company has elected to
provide service to this specific area. He stated the company will provide cable television service,
high speed internet service, and Voice over Internet Protocol (VOIP) telephone service.
Chair Pro-Tern Jerke expressed his concerns regarding approval of the contract with
K-2 Communications forcing the County to formally accept the boundaries of the Town of Mead's
Growth Management Area. In response, Ms. Giauque indicated the County does not designate
specific service areas for the franchise, and the provider is allowed to provide service within
designated perimeters set by the company. Further responding to Chair Pro-Tern Jerke, Ms.
Giauque reiterated there is no language within the franchise agreement which depicts service
boundaries.
No public testimony was offered concerning this matter.
Commissioner Masden moved to grant the cable television franchise to, and approve the Cable
Franchise Agreement with, K-2 Communications, LLC, and authorize the Chair to sign. Seconded
by Commissioner Rademacher, the motion carried unanimously. There being no further
discussion, the hearing was completed at 10:35 a.m.
This Certification was approved on the 10th day of October, 2007.
APPROVED:
, 'a BOARD OF COUNTY COMMISSIONERS
� Q� .a, . WELD COUNTY, COLORADO
ATTEST: !
,r"as t, ,/, EXCUSED
�. David E. Long, Chair
Weld County Clerk to the • U wtT>
�/� f / � i William H.�ler o-Tem
BY: /YLd 7 l G
De ty Cle to the Boagd /__
Will m F. Garcia
Robert D. Masden
(Ra ma her t/
Douglas Ra ma her
2007-3174
ORD94
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