HomeMy WebLinkAbout850693.tiff AR199758❑
ORDINANCE NO. 94-B
IN THE MATTER OF AMENDING ORDINANCES NO. 94 AND NO. 94-A RELATING
TO CABLE TELEVISION FRANCHISE.
Ln o
oU
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
-1 0 COUNTY, COLORADO:
U
Ca WHEREAS, on the 14th day of December, 1981 , the Board of
o a County Commissioners of Weld County, Colorado, adopted Ordinance
No. 94 , an Ordinance Relating to Cable Television Franchise, and
oa
</ q WHEREAS , on the 13th day of December , 1982 , the Board of
p County Commissioners of Weld County, Colorado, adopted Ordinance
No. 94-A, an Ordinance amending Ordinance No. 94 , an Ordinance
Boa Relating to Cable Television Franchise , and
..
WHEREAS , on the 30th day of October, 1984 , President Reagan
ra signed into law the Cable Communications Policy Act of 1984 , and
co U WHEREAS , the Board of County Commissioners deems it advisable
Lnz to amend said Ordinances No. 94 and No. 94-A as follows:
o H
N El Section "A, " Subsection "16 , " under the heading
CO "APPLICATION, " shall be amended to read as follows:
- N
co w " (16) A description of the boundaries of the
r proposed area of service and areas adjacent
cA
z thereto along with supporting evidence that
AFC cable service will not be denied to any group
o of potential residential cable subscribers
w because of the income of the residents of the
x local area in which such group resides. "
✓ CO
▪ t.0 Sections "C , " "D, " "E, " and "F" under the heading
r, -1 "RATE/SPECIAL MONTHLY SERVICE RATES/DEPOSITS" shall be changed to
wri4 Sections "D, " "E, " "F, " and "G, " respectively, and said heading
shall be amended by the addition of a new Section "C, " which shall
read as follows :
"C. Company may, without an application for rate
revision, increase its rates by an amount not to
exceed five percent (5%) per year. "
Section "B" under the heading "CONSTRUCTION TIME TABLES"
shall be amended to read as follows:
"B. Construction of the cable system within the
franchised areas of Weld County will be completed:
850693
(1) At the same time and under the same schedule
constraints as the adjoining town, or
(2) Within thirty (30) days after the effective
date of the franchise. "
The "RENEWAL" heading of said Ordinances No. 94 and No. 94-A
shall be amended to read as follows :
A. During the six-month period which begins with the
36th month before the franchise expiration, the
,n O County may, on its own initiative, and shall, at
o U the request of the company, commence proceedings
which afford the public in the franchise area
o: o appropriate notice and participation for the
purpose of:
a
0 3 (1) Identifying the future cable-related community
needs and interest; and
ow
v} w
(2) Reviewing the performance of the company under
o the franchise during the then current
franchise term.
(o
N
B. (1) Under Section A, the company may, on its own
oI x initiative , or at the request of the County,
submit a proposal for renewal.
Na
°° U (2) Any such proposal shall contain such material
iri2 as the County may require.
O H
� W
No U) (3) The County may establish a date by which such
proposal shall be submitted.
o p
ODrw=, C. (1) Upon submittal by the company of a proposal to
the County for the renewal of a franchise, the
cnZ
County shall provide prompt public notice of
o such proposal and, during the four-month
z period which begins on the completion of any
a proceedings under Section A, renew the
franchise or, at the request of the company or
r rn on its own initiative, commence an
o1/4O
administrative proceeding, after providing
r prompt public notice of such proceeding, in
m accordance with applicable law to consider
whether:
(a) The company has substantially complied
with the material terms of the existing
franchise and with applicable law;
(b) The quality of the company' s service,
including signal quality, response to
consumer complaints , and building
practices, but without regard to the mix,
quality, or level of cable services or
other services provided over the system,
has been reasonable in light of community
needs;
in 0 (c) The company has the financial , legal, and
o 0 technical ability to provide the
services , facilities, and equipment as
co o set forth in the company' s proposal; and
A (d) The company' s proposal is reasonable to
o meet the future cable-related community
needs and interests, taking into account
o
vrw the cost of meeting such needs and
interests.
0
w (2) In any proceeding under paragraph (1) , the
up company shall be afforded adequate notice , and
.. 0 the fair opportunity for full participation,
including the right to introduce evidence
(including evidence related to issues raised
In a in the proceeding under Section A) , to require
• v the production of evidence, and to question
▪ z the witnesses. A transcript shall be made of
H any such proceeding.
N
o cn
(3) If a violation of subsections C. (1) (a) or
o a C. (1) (b) is found to exist, the hearing shall
co w be continued for a period not to exceed sixty
(60) days during which the company shall have
c. the right to cure such violation; provided,
however, that no right to cure shall exist if
ua4 it is established at said proceeding, by a
w preponderance of the evidence , that the County
a has previously provided company with
r- o reasonable notice thereof and the opportunity
t-
o rl to cure.
w (4) At the completion of a proceeding under this
subsection, the County shall issue a written
decision granting or denying the proposal for
renewal based upon the record of such
proceeding and transmit a copy of such
decision to the company together with the
reasons therefor.
D. Any denial of a proposal for renewal shall be based
on one or more adverse findings made with respect
to the factors described in subparagraphs (a)
through (d) of Section C. (1) , pursuant to the
record of the proceedings under Section C.
E. If the company' s application for renewal has been
denied by a final decision of the County made
pursuant to this Section or has been adversely
affected by a failure of the County to act in
Ln o
u accordance with procedural requirements of this
heading, the company may appeal such final decision
o or failure pursuant to the provisions of the Cable
Communications Policy Act of 1984 .
ca
a
F. Notwithstanding the time limit contained in Section
A of this heading, the company may submit a
°w proposal for the renewal of a franchise no later
than four (4) months prior to the expiration of the
o initial franchise term; except that Section C. (3)
and Section E hereof shall not apply to such
1/4O a renewal application and any appeal of a decision
.. w adverse to the company shall be governed by Rule
106 of the Colorado Rules of Civil Procedure,
rather than in accordance with Section E of this
Ln heading.
mU
n z G. A franchise for cable television service shall,
w upon application by the company, be renewed by the
c" E Board of County Commissioners for a period not to
o z exceed ten (10) years.
op
cow H. No renewal under this Section is to, in any way,
r limit or restrict the ability to award other
rn z franchises for cable television services pursuant
r{ to this Ordinance.
w I . Any renewal of the franchise pursuant to this
x Section shall be done in accordance with the then
r existing rules and regulations of the Federal
o Communications Commission.
co Ix+ Said Ordinances No. 94 and No. 94-A shall be amended by the
iddition of a new heading entitled "MODIFICATION, " which shall
follow the heading "RULES AND REGULATIONS , " and shall read as
follows :
MODIFICATION
During the period a franchise is in effect, modification
thereto may be made:
A. By the company in accordance with Section 625 of
the Cable Communications Policy Act of 1984 , which
Section is incorporated by reference herein.
B. By the County of any waivers granted pursuant to
the heading "WAIVER OF REQUIREMENTS, " of Ordinance
No. 94-A, amending Ordinance No. 94 , after notice
to company and a hearing held pursuant thereto,
establishing by a preponderance of the evidence,
that the finding or findings relied on in granting
0 o said waiver has substantially changed.
0
,\r, p NOW, THEREFORE, BE IT ORDAINED by the Board of County
o Commissioners of Weld County, Colorado, that the above and
a
foregoing amendments be, and hereby are , adopted.
o
0 3 The above and foregoing Ordinance No. 94-B was , on motion
o a duly made and seconded, adopted by the following vote on the 4th
` q day of February , A.D. , 1985 .
a
oo BOARD OF COUNTY COMMISSIONERS
co r4 ATTEST: Q.u# Q 4vAleWt;r, WELD COUNTY, COLORADO
.. Q
o Weld County Clerk and Recorder ��q� 9.- a \ v
a and Clerk to the Boad.
(r _ I Ja •ue ne Jo sin, Chairman
CEY � ,O <-� l K 0 OU � c�
Deputy County C e ene R. Brantner, Pro-Tem
N E APPROVE) AS TO FORM: ( , _ _
o co
a C. .A1,97 i
w w ounty Attorney
111 C14
N o ac
o Frank Y aguc
o
Wry
aF.
N N First Reading: January 7 , 1985
Published: January 10 , 1985 , in the La Salle Leader
o .-1
ge4, Second Reading: January 21 , 1985
Published: January 24 , 1985 , in the La Salle Leader
Final Reading: February 4 , 1985
Published: February 7 , 1985 , in the La Salle Leader
Effective: February 12 , 1985
a
Affidavit of Publication
County cf weld: 3
ORDINANCE N0,9413 (c)The conwaitylkihilalialincien, BOARD OF COUNTY
legal and teche&af abUlly M C0MMISSI0NE R5 WELO
Pa Paul Massey i AMA.tsn, aM provide*1*fervidea tacdt#paw{ y az.Y,ithe
(, ci NANCES SO }k, p, eaulpment, all sa 1. w � il soli.
i}iTO, IMO ¢.
said County cf weld. being duty swam, say that trEt SI0HeFitARC1N&SE yyi = t' 2 — Melrose!"
1 am Pubhaher al . <•'P+;*ems: ?'• '� d1-_7A4 Gene R.Brantner,
BE 0R0 COON By THE reasonable to pl0et the (Y,ahlt-a Pro-Tern
Salle Leader solo of COUNTY COMM- cablerelatedcommfnityneedyantl
ISsi PIERS OF WELD COUNTY, interests'.tahnisk-ishl acesunt- e
COLORADO: cost of warts �C.W.Kirb•
y
that the some is a weekly newspaper of general p - IS a i,: i interests.
clletiletien CAB printed and published In the WHEREAS,on
lawn al La Celle ° Lacy
December, '1%T, t d'of (2) In any proceeding under'para
County Commissioners of Weld graph (1), the c*d luny shall be f.-.-� m Ss,_-
County, Colorado, adopted Ordi- afforded adequatenie a'.,and 11W h `f3 Y";
in said county end state: that the notice er raver fair o A7ti=5T:
nanati No. 99,cable
0 ence ,including
opportunity fed hl antra
Ilaement. of which the annexed is a true COPY. Relating ci to table Television duce n(i the nnh vi ienc web County Cert
Franchise and relduated
a evidencetis u(includings a in M
has been published in said weedy newspaper - related to issues`1'alsatl in Me and RecorMY'aM.
three WHEREAS, on Itte UM day yt Proceeding under-SIKHS A); M clerk to the Board -
for
DFdI94 December, 1982, tht"avard of rewire the produ of evidence, err
wears. that !hi, t:atice ti. published )n the County Commissioners of Wed and to question me RaN,s li A Deputy County Clerk
County, Colorado, adopted Ordi- trahicrtpt shall la madr:Of any 1„p,
regular and entire issue cf every numbs! Of said nance No. %-A, an Ordiruse such �ca-vrir,3 . APRROVED.,e{'> t
newspaper during the pond aid time el publi smarming. Ordinance Na..M. - -
Ortlrnance else, g to Cable Tele- (31 (a) or
C.(1 W LRieHiiis C. County Attorney
cation ci said notice and in the newspaper vision.Franchise,and. III (a) or C. (1) (01 is found to
proper end not in a supplement thereof: that the exist, the hearing shall be con-
..WHEREAS, on the Kith day of hewed for le geed not to exceed First Reatl.ng. January 7, 1985
first publication el said novae was contained in Octoper, 1989. President Reagan sixty (60) drys. r' PubI$I!gd:January s0,mu.*the the issue of sand, newspaper becrine date. the synod info law Act of ie tom¢- cure L snail !*Salle Leader
unicaNens FON<y Act of 19N,Dad how such wotegh't t 9e< Readies January ¢1, 1%5
Q day of .Tanuary A:,., l9 however,that no rykt he cure own Publliisshed:Janus se,1985,IS4Q
WHEREAS,the Baird of County exist if it is established at said January
and the last public:nen thence!. in I e, issue of Commis tones deems it advisable Proceeding,by a preponderance of La Salleyatler
�L to a said Ordinances No, 99 the evidence, Mara County has ..mss.a�
said newspaper berme date, the day Cf and Yo. etalfss faits: previously providest'grapeng wan Final Reading: February a, )965
February f�5r .,y reasonable notice.Meredl affil the , Published: February J,196$,in the
, 19�7: that the said section "A" 5UWectiqa "14,' opportunity to cure, • La Salle Lead*
.. under the beading gpptl- r y,. c Malik;' --'-'
CATION," shah be amended to (4) At the reewlat4404 lIeCtire. Februdepf .1$14--.
La Salle Leader read as follows: ceemng under ttlr3 sibsecHOn,The Published in the La Salle Leader,
,a ., "(161 A de$Crlptlen td it4 nOlN- Comity shall issue a written deb- Thursdags..January 10, 29, antl
has !•wen published continuously and uninterrupt- Isis granting or denying, the February 7,January
in the La Salle
arses W M 'jraluMed'aree Of proposal torfsuch-pr eased upea Leaser.
Si), during tie er:cd cf at least fifty-two can servile and area{assent marpp the record of such-proceeding and
secutive weeks next prior to the first Issue therec: along with supporting evidence that transmit a copy of such decision to
<atfR servke WIN net be 4enwied M the company together with' the
contabuag said notice r adverisemert above any group of potential realtwdsal reapolt!tare or.
referred ter and that said newspaper was at the cable subscribers bacaufe W'eae '
income of the residents p Use Mail D. Any dental W a'orb n ge /W
time of each of the publication: of said notice. area in which such grade resides:' renewal,seep be baser en pie dr
duty qualified far that purpose within the mein more adverse' s Made with
Sections ea D,"o`h/sand IAl. respect to the described in
fng of Cr. act. entitled, "An Act Ccncernmg Legal under the heading RATE-SPECNB. subparagraph fat tarrough (dl of
Notices. Advertisements and Publications, and MONTHLY SERVICE RATE - "rang
C.ti::
purusaM'Y9'-Me
0Etions' "'shall viral
d" return of ti:: proceedings ander
the Fees et Pruners and Publishers thereof, and Sections"D," E aid het and no, '5aefts C.
to Sepal ad Den and nose of Acts L1 Conflict respectively,and said beading shell - - '
be amentled by the addition of a E.It the company's application for
with the p-vissiC^..s of this Act." approved April 7. new Section"C,"which shalt read renown&bas been domed by a ma)
1921, and cli amendments 'hereof, and panicu- as follows: r detlsien'q the+sben)v made our-
suaat fo ads Sedide w has been
tarty as amenaed by an art aaproved. Mach 37. C Company may without all ado it tis'a failure of
\ a C cr• ease tion. for rate revision the a ltu it a accordance
1923, an cp eppr-veo .1^ 1.. 1_31. crease its rates by an amount noted with procedural relluirSiallts gd
q exceed five percept(S) per year.t this heading, the compeer" MayCbete Section "B under me heading appeal corn hnaldeuzren or f>i1Ure
"CONSTRUCTION"B" under 71MB -pursuant igtinaldrw'isiars WThe_
-Cable CemmuMcaHw)s Feast('-Act
ublisher TABLES"shall be amended to read of
ma.
I
as follows:.— . ,. t •:.
Subscribed nd sworn to before me this / a ,F. NotwfihslaittSibctme limit
�j?, i_ � B. Construction of -the cable contained in section A of this
1 1- - a : q d l system within the franchised areas 'heading,the company new submit
day al 1 of Weld County will bacompleted: a proposal. for me renewal of a
"' franchise no later than tour: (4)
,r / /-} / (i 1 At the same time and'under the months prior to the expiration of
/w t- L. /Y/ same schedule constraints as the the initial Manchise termi except
adjoining town,or '. that Section C. (31 and Settles E
I _ hereof Shan nog apply so'Inch
%/ " '7 •.71 Within thirty(30)days after the renewal applicatbltand any appeal —
My c'0mm43ien expires - effective date of the franchise."
n of a decision,-advent W the
Notary iaubfsC - company shall belloverdeday Rule
The inENEWAL" o.94-A 106 at)Nm Colorado Rules of Civil,
ELIZABETH NI — Y said binaa amended to
and No. Procedure, rather than in accord-
22019 W.C RtD 5,4 shall be amended to read a.;s_�
follows: , _._, ie-n! �.v.
-r
, ante wdls,SectimsE of this heading.,
GREELEY. CC) z 3
G ii,3i -a. During the six the 34t pellet G.A trend*** - en
which begins With seth month service shalt; ate! :Litt.
before the franchise expiration,the the cone .y
County may, on its own initiative, Board of Cairary igloiiers
-) .aid shall, at the- request of the a period not to anted ten (10)
a, commence bic<e the ye
ars._
which afford the public in the
franchise area and pancctuat HM ptaa
of: __
H.No renewal under Iplpt-SactWt is
—to,in any way,limiter MO fit the
ability to award oelmy franchises
for cable television ealtvices pur-
(1) Identifying the future cable. suant Is this Ordinance.
related community needs and.
lehlrgl;and I.I Any renewal of tpursuant to L this alW
Iii*viewing the perermdece of done in accordance the
We company under the franchise existing rules and relutationa.Ms
during the then current franchise Federal Comenoniclaiees
annum; , Commission.
S. (I) Under Section a,the comp Said Ordinances No,f91»
any may,on its own initiative,or at 9l A shall. beamended py -.
*request of the County,submit a addition of a new a!nng EPS*
anneal for renewal. MODIFICATION;' rcb ASS
follow the heading "RULE! MID
(2)My such proposal shall contain REGULATIONS," and shall reed
such*sternal as the.County may as follows:
remit*.
*Obi Ft•
CATION:
13) The County may establish a During the pert Naldliee i
date by which such proposal shallop7f"i
be salnitted. in effect,modificgtfaa*rele aa{y
be made`
C. (I) Upon submittal by the A. By the company is accedence
dealayly of a propose to mea with Section a of.'the c
*Way ai for the tyWalt of a net
pn.pt p the C notice
such
provide w Seen*
s Polley el by
ptvmp public during
th of such pre which Seehen is. *corporal* b
Dplgl.led, during the tguratentl. reference herein.
feriae which begins Oa the Men-
pieties of any Proceedings Year. B. By the County et any waivers
%Oie.A,renew the
franchise or, ranted Malian, le Me IQUIRE
M Use*guest of tin company or on "WAIVER OF ESQUIRE-
S; even initiative, commence a an MEETS," of Ordinate talk g Pa
e.-.,.l atrative proceeding, after amending Ordinance No.9b-aide
pt'avidpg promptWile notice of notice to coittpafric arid a a�ggPl!M�g
such Proceeding, p!;:accordance held Pursuant therereto. sfal�pblYg.
*lb applicable law'to consider by Preponderance of the avian*
na r: that antig saor Weaver MN
in granting. said Weaver 11th stab
W;T1lmcompany pas subStanliaNy staotially changed. ;
ggelPliW with the material terms
Wee existing franchise and with NOW, THEREFORE. BE IT
etpfgWle law; ORDAINCED by. lint Board of
County Commissioners of Weld..
I a)'The gustily of the company's County, Colorado,1gt,the above
service, Including signal quality, and foregoing amendnieats be,aed
response to consumer complaints, hereby are,adopted.
and building practices,but without
reword to the mix,guilt*,or level ..The above and foregoing Ordi-
f table services or other services mince No.get was.Nlalleltolr duly
provided over the system,has been `made and-seconderviadepteO by the
-reasonable,its light of community fallowing vote on stir -day of
_ A.D.., 19x5.
316 7 '77
,J6, &='
aL, S-c'
6142: PL 1-10,17
Hello