SUBSTITUTE ORDINANCE NO. BL2012-122

WHEREAS, Ordinance No. O95-1379 granted a franchise to Televue-Systems, Inc. d/b/a Viacom Cable (“Viacom”); and,

WHEREAS, said franchise was transferred by Viacom to Intermedia Partners Southeast (“Intermedia”), who accepted and acknowledged the terms of the Cable Communications Franchise Agreement accompanying it (the “1995 Franchise Agreement”), and this transfer and acceptance and acknowledgment was approved by Metropolitan Council Ordinance O99-1810; and,

WHEREAS, said franchise was transferred by Intermedia to Broadband Nashville I, LLC, whose parent company became Comcast Cable Communications, Inc., who accepted and acknowledged the terms of the 1995 Franchise Agreement and which transfer and acceptance and acknowledgment was approved by Metropolitan Council Ordinance BL 2001-591; and,

WHEREAS, said franchise and the 1995 Franchise Agreement were accepted, acknowledged and reaffirmed by Comcast Cablevision of Nashville I, LLC, now Comcast of Nashville I, LLC (“Comcast”), formerly known as Broadband Nashville I, LLC, and this acceptance, acknowledgment and reaffirmation was approved by Metropolitan Council Ordinance BL2002-1066, such that Comcast formally became and is now the franchisee of the Metropolitan Government of Nashville and Davidson County (the “Metropolitan Government”) subject to the 1995 Franchise Agreement; and,

WHEREAS, the 1995 Franchise Agreement approved by Ordinance No. O95-1379 commenced on or about May 5, 1995, and under the terms of the 1995 Franchise Agreement, the franchise of Comcast would have expired on or about May 5, 2010; and,

WHEREAS, Second Substitute Ordinance No. BL2010-645 was approved on April 22, 2010, and amended Ordinance No. 095-1379 by extending the initial term of the cable television franchise of Comcast for a period of one year, to and including May 5, 2011; and,

WHEREAS, Ordinance No. BL2011-865 was approved on April 21, 2011, and amended Ordinance No. 095-1379 and Second Substitute Ordinance No. BL2010-645 by extending the initial term of the cable television franchise of Comcast for a second additional year to and including May 5, 2012; and,

WHEREAS, the current extension of the term of the 1995 Franchise Agreement approved by Ordinance No. BL 2011-865 expires on May 5, 2012; and,

WHEREAS, pursuant to authority granted by Section 6.08.030 and 6.08.080 of the Metropolitan Code and under procedures established by Title VI of the Communications Act of 1934, as amended, 47 U.S.C. §§ 521 et seq., the CATV Special Committee is engaged in the franchise renewal process with Comcast regarding whether to renew Comcast’s franchise and, if so, the content and term of a new franchise agreement for construction, maintenance, and operation of a cable television system; and,

WHEREAS, the CATV Special Committee is in the process of reviewing the performance of Comcast under the 1995 Franchise Agreement, including the quality of service provided by Comcast, and is in the process of assessing the community’s cable-related needs and interests, as called for in 47 U.S.C. § 546; and,

WHEREAS, the CATV Special Committee also wishes to continue to carry out negotiations with Comcast and to explore the possibility of informal franchise renewal under 47 U.S.C. § 546(h), whereby if a new franchise agreement is reached, it must be submitted to the Metropolitan Council for approval by ordinance; and,

WHEREAS, it now appears unlikely that the franchise renewal process, including a new franchise agreement and an ordinance, can be completed before May 5, 2012; and,

WHEREAS, it is in the best interests of the Metropolitan Government that the cable television service provided by Comcast continue uninterrupted, subject to the terms of the 1995 Franchise Agreement, should the franchise renewal process not be completed by May 5, 2012; and,

WHEREAS, at its meeting on March 8, 2012 the CATV Special Committee recommended that a further extension of the 1995 Franchise Agreement be adopted and will meet and make a recommendation as to the Third Franchise Extension Agreement attached hereto as Exhibit A; and,

WHEREAS, Comcast, based on the understandings and commitments contained herein, has agreed to the terms set forth in the Third Franchise Extension Agreement; and

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN COVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.

Section 1. That the term of the 1995 Franchise Agreement approved by Ordinance No. O95-1379, as modified by Ordinances O99-1810, BL2001-591, BL2002-1066, Second Substitute Ordinance No. BL2010-645, and Ordinance No. BL2011-865 is hereby extended through May 5, 2013.

Section 2. That, consistent with Section 6(c)(2) of the 1995 Franchise Agreement, Comcast shall, or before June 4, 2012, provide an additional PEG access support grant to Metropolitan Nashville of One Hundred Thousand Dollars ($100,000.00) to be used by Metropolitan Nashville, in its sole discretion, for public, educational and governmental access equipment, facilities and support.

Section 3. The CATV Special Committee is authorized to consider whether any changes or modernizations of Metropolitan Code, Sections 6.08.005 through 6.08.160, are needed to bring such code into conformance with the terms, conditions and intent of the renewed Franchise Agreement or to remove any unnecessary administrative burdens, reports, and other obsolete requirements and redundancies, and, if so, to recommend the same to the Metropolitan Council at the time that the franchise renewal is presented to the Council for approval; and,

Section 4. That all other terms, conditions and stipulations of the 1995 Franchise Agreement approved by Ordinance No. O95-1379, as modified by Ordinances O99-1810, BL2001-591, BL2002-1066 and Second Substitute Ordinance No. BL2010-645, shall remain unchanged and in full force and effect.

Section 5. That the Metropolitan Mayor is hereby authorized to execute the Third Cable Television Franchise Extension Agreement by and between The Metropolitan Government of Nashville and Davidson County and Comcast of Nashville I, LLC attached hereto as Exhibit A (the “Third Franchise Extension Agreement”).

Section 6. That this additional extension of the 1995 Franchise Agreement is made without prejudice to or waiver of any rights that the Metropolitan Government of Nashville and Davidson County or Comcast may have under Title VI of the federal Communications Act of 1934, as amended, 47 U.S.C. §§ 521 et seq., the Competitive Cable and Video Services Act, Tenn. Code Ann. §§ 7-59-301 et seq., or other applicable law.

Section 7. That the Third Franchise Extension Agreement attached hereto as Exhibit A is entered into for the sole purpose of allowing the parties adequate time to complete the franchise renewal process and other necessary ancillary processes, and shall not be construed as a new franchise agreement or a franchise extension under Section 6.08.030 of the Metropolitan Code to which the application provisions and other requirements of Section 6.08.040 of the Metropolitan Code would apply.

Section 8. That any provision of any ordinance of the Metropolitan Council and any provision of the Metropolitan Code of Laws which is in conflict with any provision of this Ordinance, is hereby repealed to the extent, but only to the extent, necessary to be consistent with this Ordinance.

Section 9. That this Ordinance shall take affect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sean McGuire

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	March 20, 2012
Substitute Introduced:	March 20, 2012
Passed First Reading:	March 20, 2012
Referred to:	Budget & Finance Committee Personnel Committee
Passed Second Reading:	April 3, 2012
Passed Third Reading:	April 17, 2012
Approved:	April 19, 2012
By: