CATV - CABLE TELEVISION (64)
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ORDINANCE NO. 5943-95
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE FRANCHISE AGREEMENT
WITH TIME WARNER ENTERTAINMENT-ADVANCEI
NEWHOUSE PARTNERSHIP, TO AMEND THE FRANCHISE
AGREEMENT TO EXTEND THE TERM OF THE
FRANCHISE FOR A PERIOD OF THREE MONTHS,
ENDING ON FEBRUARY 1, 1996; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2084 of the City granted a nonexclusive franchise for
the use of City rights-of-way to Vision Cable of Pinellas, Incorporated; and
WHEREAS, Ownership of Vision Cable was changed and the franchise was duly
transferred to Time Warner Entertainment-Advance/Newhouse Partnership ("TWElAN);
and
WHEREAS, Vision Cable of Pinellas, Incorporated now TWElAN has submitted
a renewal proposal pursuant to the provisions of the Cable Communications Policy Act
of 1984 and the Cable Television Consumer Protection and Competition Act of 1992
(Federal Cable Act); and
WHEREAS, additional time is required for discussions between-the City and
TWElAN on a successor franchise agreement; and
WHEREAS, in order to accommodate the franchise renewal negotiation process,
the parties desire to allow for the extension of the current franchise and proceed with
negotiations under the informal procedures of the Federal Cable Act; and
WHEREAS, TWElAN agrees to the extension of the franchise term to allow for
such preparations; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The term of the franchise agreement between the City of Clearwater
and TWElAN, granted by Ordinance No. 2084 of the City, is hereby extended an
additional three months such that the term shall expire on February 1, 1996. All other
provisions of Ordinance No. 2084 as amended shall continue in full force and effect.
TWElAN shall operate in the same manner as prior to the extension. Operation in the
same manner and under the same terms and conditions include, but not limited to,
access and local origination operation and funding consumer service and complaint
response, and compliance with all public safety regulations and applicable laws and
regulations.
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Section 2. This ordinance shall not be construed to infer that the term of the
franchise shall again be extended, or that TWElAN shall be approved as a franchisee
of the City beyond the extended term of the current franchise agreement.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING November 2, 1995
PASSED ON SECOND AND FINAL
READING AND ADOPTED November 16. 1995
Approved as to form Attest:
anlll;llenCf:
Pamela K. Akin, City Attorney
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