HomeMy WebLinkAbout3068 Cable Franchise to WaveDivision I LLC Ordinance 3068
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ORDINANCE NO. 3068
AN ORDINANCE OF THE CITY OF PORT TOWNSEND GRANTING A
CABLE FRANCHISE TO WAVEDIVISION I, LLC (WAVE)
RECITALS:
A. On July 1, 1996, the City granted a non-exclusive franchise to Cable TV Limited
Partnership (cable operator) for a term of 15 years.
B. The current cable operator and successor to the franchise is Broadstripe, LLC, and such
franchise, as of this date, is valid and in full force and effect and shall remain in full force
and effect until such date as the franchise granted to Wave hereunder becomes effective.
C. Broadstripe executed a purchase and sale agreement to sell its assets in Washington to
WaveDivision I, LLC dba Wave Broadband (Wave). The transaction is expected to close
sometime during or shortly after the 4"' quarter of 2011.
D. The City by this Ordinance determines to grant a non-exclusive franchise to Wave for a
term of 3 years on the same terms as the City franchise to Cable TV Limited Partnership.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Franchise. The City grants a non-exclusive franchise to Wave for a term
of 3 years on the same terms as the City franchise in 1996 to Cable TV Limited Partnership
(incorporated by reference), together with the "Additional Terms" attached to this Ordinance at
Attachment A. The City Manager is authorized to execute such agreements and instruments to
implement and carry out this Ordinance. A copy of the City franchise granted in 1996 to Cable
TV Limited Partnership is on file with the City Clerk and is available for inspection and copying
by members of the public.
SECTION 2. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held invalid, the remainder of this Ordinance, or the application of the
provision to other persons or circumstances, is not affected.
This Ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Ordinance 3068 -Exhibit A
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this day of 2011.
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ichelle Sandoval, Mayor
Attest: Approved as to Form:
Pam-ea Kolacy, MMC, City Clerk John P. Watts, City Attorney
Ordinance 3068 -Exhibit A
Additional Terms (November 30, 2011)
1. Franchise holder is WaveDivision I, LLC d/b/a Wave Broadband ("Wave"), and is
subject to the all rights and obligations of the existing July 1, 1996 City franchise with
Cable TV Limited Partnership, except as modified by these Additional Terms.
2. Franchise is for three years—January 1, 2012 to December 31, 2014.
3. Wave will use best efforts within 18 months to 1) integrate the current Broadstripe
service areas in the City into Wave's existing network in Washington (which links to
Wave's distribution networks in Oregon and California); 2) upgrade those portions of the
Broadstripe cable system in the City that are not capable of 750 MHz to 750 MHz
capacity; 3) upgrade the video product offerings in the City to include greater High
Definition and Video On Demand services in the City; 4) upgrade the broadband data
product offerings in the City to include a 50 Mbps (downstream) service; and 5) launch
commercial phone service in the City.
4. If Wave offers to Subscribers a bundle including Cable Services and non-Cable Services,
Wave shall fairly and reasonably allocate revenue with regard to Cable Services. If a
dispute arises between the parties regarding this matter, the City and Wave will meet and
discuss such matters in good faith in an attempt to resolve the dispute.
5. Wave be the responsible party to assist the City in handling, and agrees to use
commercially reasonable efforts to assist the City in handling, modulation from the
station to the head end, and if resources are available, modulation from the City
Hall/Memorial Field connection to the station.