Resolution 10134CITY OF ALAMEDA RESOLUTION NO. inla_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
AFFIRMING ITS VIEW THAT FEDERAL CABLE TELEVISION
LEGISLATION RESTRICTING LOCAL GOVERNMENT RESPONSIBILITIES
IS NOT APPROPRIATE AND URGING CONGRESS TO PRESERVE
EXISTING MUNICIPAL AUTHORITY IN THE CABLE TELEVISION
FIELD
WHEREAS, provision of cable television service has already
proven to be a valuable service to hundreds of communities
across the country and holds great potential promise to all cities
in the United States; and
WHEREAS, the cable television industry is thriving and
growing in the United States, with large return on investment
and likelihood of even more considerable profit in the future;
and
WHEREAS, local governments have had the responsibility
for franchising cable television systems in their cities and
for overseeing the implementation of those franchises once awarded;
and
WHEREAS, the franchising process has been a model of the
free marketplace at work, with enormous competition between cable
companies for the privilege to provide exclusive service within
a community; and
WHEREAS, cable television, because it will likely enjoy
exclusivity within a community and will be the only telecom-
munications medium with a direct link to the homes of citizens
with its facilities traversing the public's property; and
WHEREAS, the presence of a strong local government role
in overseeing of franchise agreements has worked to ensure that
contractual obligations are carried out and the public interest
served; and
WHEREAS, the best approach to franchising, oversight of
the franchise, and resolution of problems which may occur from
time to time in carrying out franchise elements, has been the
direct negotiation between local governments and cable companies,
unfettered hy the presence of third parties; and
WHEREAS, local governments, recognizing the need for and
success of direct relationships between cities and cable
companies, have sought to discourage unnecessary involvement
in these matters by the Congress and the Courts; and
WHEREAS, cities, working together and with a broad coali-
tion of concerned interests including representatives of labor,
education, consumers, telecommunications, rural and utility
interests, have helped to defeat in recent years broad attempts
to remove local governments from their central role in the cable
television process; and
WHEREAS, federal cable television legislation is again
being considered by the Congress, with legislation having passed
the full Senate and hearings having commenced at the Subcommittee
level in the House of Representatives; and
WHEREAS, there is a possibility that a strong, bipartisan
effort will be made by the Congress to enact federal cable
television legislation in the coming months; and
WHEREAS, members of the House and Senate who have worked
closely with the nation's cities in a broad variety of areas,
fully understanding the traditional and appropriate opposition
of local governments to such legislation, will be looking to
the nation's Mayors for leadership and direction in improving
whatever proposals are forthcoming;
NOT, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA that said Council affirms its view that federal cable
television legislation restricting the traditional responsibilities
which have been exercised by local governments in this area is
not appropriate; and
BE IT FURTHER RESOLVED that if federal cable television
legislation continues as a possibility, that the City Council
of the City of Alameda shall work to ensure that, to the extent
possible.
1. Federal cable legislation not limit the option of
local dovernments to regulate the rates charged
by the cable television companies for basic service,
should cities believe it in the public interest;
2. Federal cable legislation not limit the option of
local governments to define by negotiation with
cable television companies the definition of basic
services;
3. Federal cable legislation provide maximum competi-
tion in the franchise renewal process with no
presumption or expectancy of renewal on the part
of the cable company holding the franchise;
4. Federal cable legislation "grandfather' all existing
franchises, and their terms and conditions and all
franchise processes in which a Request for
Proposals has been issued; and that federal legisla-
tion not apply to renegotiated franchise agreements,
signed within six months of enactment;
5. Federal cable legislation not provide cable
companies with the power to abrogate contractual
obligations based on a unilateral assertion of a
significant change in circumstances;
6. Federal cable legislation not limit the ability
of local governments to mandate public, educational,
governmental, and leased access to cable television;
7. Federal legislation not limit the ability of local
governments to negotiate the purchase price of a
cable system if there is a material breach in the
franchise agreement;
8. Federal cable legislation not define franchise fees
to include taxes, fees or other assessments,
imposed by the franchising authority on cable
system operators or cable subscribers;
BE IT FURTHER RESOLVED that in the whole area of cable
television legislation, Congress should be guided by the principle
of preserving existing municipal authority in the cable television
field, which has greatly benefited the cable television industry,
the cities, and the nation.
I, the undersigned, hereby certify that the foregoing Resolution was
duly and regularly adopted and passed by the Council of the. City of
Alameda in regular meeting assembled on the 16th of August, 1983, by
the following vote to wit:
AYES: Councilmembers Gorman, Hanna, Monsef and President Diament - 4.
NOES: None.
ABSENT: Councilmember Lucas - 1.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 17th day of August, 1983.
i iz
Deputy 1
Dep y y Clerk of the City of Alameda