HomeMy WebLinkAbout20033358.tiff RESOLUTION
RE: APPROVE EXTENSION OF FRANCHISE AGREEMENT WITH GALAXY TELECOM LP,
NOW KNOWN AS GALAXY CABLE, INC., DBA GALAXY CABLEVISION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,Galaxy Telecom LP,now known as Galaxy Cable, Inc.,dba Galaxy Cablevision
("Galaxy"), is a cablevision company which currently holds a cable franchise with Weld County
("County"), originally granted to Chartwell Cable of Colorado, Inc., by Resolution #881200 on
December 19, 1988,and subsequently transferred to Galaxy Telecom LP by Resolution#941292
on December 21, 1994, and
WHEREAS, Galaxy's Franchise with the County is scheduled to expire on December 18,
2003, and
WHEREAS,Galaxy and the County have been engaged in informal renewal negotiations in
accordance with Section 626(h)of Title VI of the Communications Act of 1934, as amended, and
Chapter 11 of the Weld County Code, and
WHEREAS,Galaxy has recently announced its plans to explore the sale of its systems,and
Galaxy has indicated that the process should not take more than one year, and
WHEREAS,if Galaxy does sell its systems within the next several months, it is in the public
interest to negotiate the franchise with the new owner, and
WHEREAS,the amount of time required to conclude negotiations and allow for public review
concerning a renewal of the franchise will,in any case,extend beyond the initial expiration date,and
WHEREAS,it is in the public interest to extend the current Franchise for an additional period
of time so that cable service to the public will not be interrupted, and
WHEREAS,after review,the Board deems it advisable to extend the current Franchise for
a period of one year, or until December 19, 2004.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Franchise originally granted by Resolution#881200 on December 19,
1988,and subsequently transferred by Resolution#941292 on December 21, 1994 by the County
of Weld, State of Colorado by and through the Board of County Commissioners of Weld County,
to Galaxy Telecom, LP,be,and hereby is,extended,and Galaxy Cable, Inc.,dba Galaxy Cablevision
is authorized to continue to operate and provide cable services in Weld County under the terms and
conditions of Chapter 11 of the Weld County Code, and the Franchise originally granted by
Resolution#881200,and subsequently transferred by Resolution#941292,on December 21, 1994,
until December 18, 2004.
2003-3358
ORD94
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EXTENSION OF FRANCHISE AGREEMENT - GALAXY TELECOM, LP
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
a W 1pT)C O�O
ATTEST:
David E. Long, Chair
Weld County Clerk tot '8ik, 714,,01,z, V n p r n
c ,� 1 Robert D. asden, Pro-Tern
BY: .te_I fG . . .c,� ,/ ,
Deputy Clerk to the Bo'�.� � //lam 6!�
M. J. Geile
AP D AS Tsl RM: 1 ( 11 .,
Wil/li H. Jerke 4
n AttornIy Glenn t i d 4i-
Date
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Date of signature: eI(y
2003-3358
ORD94
Memo to: the Board of County Commissioners for Weld County
From: Cyndy Giauque, Assistant Weld County Attorney
Date: December 2, 2003
Subject: Extension of Franchise for Galaxy Cablevision
Galaxy Telecom LP, a cablevision company managed by Galaxy Cablevision, is the current
holder of a franchise which is due to expire December 19, 2003. Galaxy has informed us that
they have 62 customers in Weld County.
Although we have been involved with discussions and negotiations with Galaxy over the past
several months, Galaxy has recently announced plans to sell its systems in Colorado, and, more
particularly, in Weld County. Their representative has informed me that Galaxy expects the
process to be completed within a few months. He believed that if the franchise is extended for
one year, there would be sufficient time within that year, and after the sale, to negotiate a
franchise agreement with the new owner, if the owner was not already a franchise holder in Weld
County that just wanted to "pick up" Galaxy's customers.
Since there will most probably be a sale of the Weld County systems owned by Galaxy within the
next year, it seems more practical to extend the current franchise for a year, and then negotiate
with the new owner of the system.
If you have any questions, I am available.
Cyndy
2003-3358
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