ORD 05-497
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ORDINANCE NO. 05 -497
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, AMENDING
ORDINANCE NO. 95-238 TO EXTEND THE LENGTH
OF THE FRANCHISE CREATED BY ORDINANCE NO.
95-238 GRANTING TELE-VUE SYSTEMS, INC. nlBIA
VIACOM CABLE, IN c., NOW, COMCAST OF PUGET
SOUND, INC., A NONEXCLUSIVE CABLE
COMMUNICATIONS FRANCHISE WITHIN AND
THROUGH THE CITY OF FEDERAL WAY. (AMENDS
ORDINANCE NO. 95-238)
Wl-IEREAS, on August 6, 1995, by Ordinance No. 95-238, the City of federal
Way (hereinafter, "City") granted a non-exclusive cable franchise (hereinafter,
"franchise") to Tele- Vuc Systems, Inc. DBA Viacom Cable and thc Franchise was
subsequently transferred to Comcast ofPuget Sound, Inc. (hereinafter, "G-rantee"); and
WHEREAS, Section 4 of the Franchise provides for thc Lcngth of franchise, with
a tCD11ination date of midnight, August 13,2005; and
WHEREAS, on March 21, 1996, by Ordinance No. 96-264, the City granted a 110n-
exclusive cable franchise to TCI of Auburn, Tnc and said lranchise was subsequently
transferred to Grantee; and
WHEREAS, Section 4 of Ordinance No. 96-264, provides for the Length of
Franchise to temlinate at midnight, March 20, 2006; and
WITEREAS, the City and Grantee are negotiating the renewal of the franchise and
anticipate combining the franchises into one franchise; and
Ordinance No. 05-497
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OR\G\NAL
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WHEREAS, negotiations are anticipated to extend beyond August 13,2005; alld
WIIEREAS, the City Council of federal Way finds it is ill the public interest to
cxtcnd the length of the Franchisc to the samc tcrmination date as the franchisc created by
Ordinancc No. 96-264;
NOW THEREFORE, THE CITY COLJNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Amendment. Section 4 of Ordillallcc No. 95-238 IS hereby
,mlended as follows:
Lene:th of Franchise
The lcngth of this This Franchise shall be for u term often (10) ycars commencing
on August 11, 1 <)95 und terminating at midnight on i\UgUS: 13, 2005 termillate at midnight
on March 20, 2006.
Section 2.
Full Force and Effect.
All other terms and conditions of the Franchise Agrcement not modified by this
Amendment shall remain in full force and effect.
Section 3.
Scvcrabilitv
If allY section, sentence, clause, or phrase of this Amendment should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not afTect the validity or constitutionality of any other section,
sentence, clause or phrase of this Franchise.
Section 4.
Ratification
Any act consistent with the authority and pnor to the el1ective date of this
Amendment is hereby ratified and affirmcd.
Ordinance No. 05-497
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Section 5.
Effective Date This ordinance shall take effect and be in force 5
days from the time of its final passage and publieation, as provided by law.
PASSED by the City Council of the City of Federal Way this 2nd day of
August
, 2005.
CITY OF FEDERAL WAY
cO~ U~__
MA YOR, DEAN McCO "AN
APPROVED AS TO FORM:
f~~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
7/12/2005
8/2/2005
8/6/2005
8/11/2005
05-497
K:\Comcast\ Cable Franchise Amendment.doc
Ordinance No. 05 - .!!:l..7
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co m ca st�
April i0; 2006
Mr. Derek Matheson
City Manager (Int)
City of Federal Way
PO Box 9718
Federal Way, WA 98063-9718
Dear Mr. Matheson:
Comcast — Washington Market
South East Puget Sou�d Area
4020 Auburn Way NoRh
Aubucn, WA 98002
The purpose of this letter agreement is to outline the details for several unique issues between
Comcast of Puget Sound, I�c. and Comcast of Washington IV, Inc. ("ComcasY') and the City of
Federal Way (the "Ciry") that are separate from the Franchise terms and conditions. These items
have been negotiated in good faith as part of the informal franchise renewal discussions and
speciftcaily relate to the unique community needs that exist in the Ciry.
A. Transition of Office Lacation to Payment Center: Today's consumer is demanding easy,
convenient, and fast access to our products and services, this demand is revolutionizing
Comcast's business p(ans and requires future flexibiliry in terms on-line and face-to-face
service points for responding to the customers' changing needs. This demand by our
customers is the bases for Cotncast's positian opposing the commitment to a local office as
part of the Franchise renewal. Ne�ertheless, Comcast does not intend to clase the existing
office location in the Ciry. To prove this poiat, Comcast wil( maintain one (1) office
iocation, at a rriinimum, in the ftanchise area for the five (5) year term of the agreement. The
office iocation will be open during aorma( business hours to allow subscribers to pick up and
return subscriber equipment and to pay biits and make complaints. If Comcast requests
extension of the Franchise for an additional five (5) years term, Comcast is relieved from
maintaining the local office, but, at a minimum, wi(( maintain one { 1) payment center within
the franchise area throughout the extended Franchise term. A payment center wiil be open
during normal b.usiness hours to allow subscribers to return subscriber equipment and to pay
bi!(s. If Coincast decides to transition to a payment center, Comcast wili give the City one
hundred twenry (120) days prior written notice of any pian to c(ose the tocal office and shall
consider the Ciry's comments prior to making any ftnat decision.
B. Discouut Grandfather Transition: Given-today's very competitive cabte television
marketplace, Comcast is proud to continue our voluntary offer of a discount to the basic cable
rate for qualified senior and/or disabled Low income customers. Comcast recognizes that our
discount prograrn, proposed under the fraachise renewai, vacies stightty from discount
. programs in the existing Franchises� To ease the transition, Comcast will grandfather the
current discount rate formutas for the existing active qualified customers, at the date of
execution for the renewed franchise. The grandfather transition will remain in eff. ect for
� those active customers unti( such time that_they discontinue cable service with Comcast.
C. Comcast Modem Services to Schools: As part of the Nationa( Cable Te(evision
Association's Cable in the C(assroom initiative, Comcast is proud of its vo(untary
commitment of providing compiementary modem services to the K-i2 accredited schools in
the Washington Market. The program works by altowing teachers and students; within
classrooms, libraries, or computerl�abs use of new technologies in curricu(um and study
programs. Since this service is for educational purpc�ses only and is a complimentary service
not eligible for networking and administrative purposes, each school district needs to assess
potential con�licts with Internet connectivity E-funding requirements_ If the school district is
interested in the program, the connection process for this voluntary service is available
through Comcast's local franchising department, using the public facilities connection terms
and process in the Franchise.
Acknowtedged and agreect to this �� y of , 2006.
Comcast of Puge d Inc. and Comcast of Washington N, tnc.
B.
Leonard J. Rozek
Sen-ior. Vi e President
Date: �� (/
City of Federat Way
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