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HomeMy WebLinkAbout3068 Cable Franchise to WaveDivision I LLC Ordinance 3068 Page 1 of 2 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. h.1, _0"_4HXj__I 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.