HomeMy WebLinkAboutReso 019-83 FedCableLegLangRESOLUTION NO. 19- 83
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
STATE OF CALIFORNIA
EXPRESSING OPPOSITION TO LANGUAGE ENTITLED
"COMPROMISE BETWEEN NATIONAL LEAGUE OF CITIES AND
NATIONAL CABLE TELEVISION ASSOCIATION ON FEDERAL CABLE LEGISLATION"
WHEREAS, under the existing state law, the governing body of a
city, county, or city and county may grant a cable television franchise; and
WHEREAS, the City of Dublin will issue a franchise to a cable
operator to provide cable services;
WHEREAS, on March 4, 1983, the National League of Cities and the
National Cable Television Association agreed to compromise language
regarding federal cable legislation which substantially impacts said
franchise agreement; and
WHEREAS, the Board of the National League of Cities approved this
language on March 6, 1983; and
WHEREAS, the Board of the National League of Cities did not
consult with member cities before approving said compromise language; and
WHEREAS, specific provisions in said compromise language are in
direct conflict with provisions of the franchise for the Dublin area:
1) The definition of concurrent jurisdiction between local
franchising authorities and the federal government removes the areas of
access, service and facility requirements, renewal or extension of
franchises, among the other areas from exclusive local jurisdiction.
2) Cable operator will no longer be contractually bound to
provide services originally offered.
3) Renewal tests as outlined are Vague and will result in
essentially automatic renewal of franchise.
4) Requirement that all franchises be brought into compliance
within one year impairs contracts fairly and voluntarily negotiated and is a
usurpation of local government's rights, and
WHEREAS, the Board of the National League of Cities should have
consulted with its member cities prior to approving said compromise
language.
NOW, THEREFORE, BE IT RESOLVED, that the City of Dublin opposes
the compromise language as approved by the Board of the National League of
Cities.
BE IT FURTHER RESOLVED, that the City of Dublin urges the Board of
the League of California Cities to oppose the compromise as approved by the
National League of Cities on March 6, 1983.
BE IT FURTHER RESOLVED, that the City of Dublin forward it's
specific concerns to the NLC, it's congressional delegation and urge the
League of California Cities to work with its member cities to develop
specific legislative provisions to protect the ability of local
jurisdictions to negotiate and enforce local cable franchises.
On a motion by Cm. Burton, seconded by Cm. Moffatt, the foregoing
Resolution was passed and adopted by the City Council of the City of Dublin
on this 25th day of April, 1983, by the following vote, to wit:
AYES:
Councilmembers Burton, Hegarty, Jeffery, Moffatt and
Mayor Snyder.
NOES: None
ATTEST:
ABSENT: None