HomeMy WebLinkAboutORDINANCE - 2998 - 6/22/2004 - AMEND CABLE TV FRANCHISEORDINANCE NO. 2998
AN ORDINANCE AMENDING THE NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE OF COMCAST COMMUNICATIONS
WHEREAS, pursuant to discussions between the Village of Elk Grove
Village and Comcast Communications regarding the practical utilization of the
franchise required Palatine Public Access Studio (PPAS), now located in the
Village of Palatine's Village Hall, the parties have come to an agreement
regarding the amendment of the existing franchise agreements permitting the
closing of the Studio; and
WHEREAS, the Village of Elk Grove Village negotiated and adopted the
present non-exclusive cable television franchise agreement which is now owned
and operated by Comcast, said agreement was adopted and approved pursuant
by Ordinance.
WHEREAS, the cable television franchise currently requires that Comcast
operate and maintain a Public Access studio within one of the 5 Regional Cable
Group communities, a requirement with which Comcast and its predecessor
companies have complied, and
WHEREAS, the use of the studio has been declining in recent years and
its utilization no longerjustifies its continued operation as a separate facility, and
WHEREAS, Comcast is willing to provide interested Elk Grove Village
cable customers access to its Mount Prospect Public Access Studio (MPPAS)
location for the purpose of producing Public Access programming to be aired on
the cable system; and
WHEREAS, the amendment of the existing franchises will eliminate the
possibility of the deduction, from franchise fee payments, the costs of operating
and maintaining the current Public Access studio within the Regional Cable
Group communities; and
WHEREAS, through discussions with Comcast and investigation by the
Elk Grove Village staff the parties have agreed to amend the franchise
agreement.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage,
Illinois, as follows:
Section 1: That the current franchise agreement and cable television
ordinance shall be hereby amended to eliminate the requirement that Comcast,
or its successor in interest be required to maintain a Public Access studio within
one of the Regional Cable Group communities.
Section 2: That Comcast shall provide to the utilization of its Mount
Prospect Public Access studio to interested Elk Grove Village cable customers
for the purpose of producing Public Access programming to be aired on the cable
system.
Section 3: That access to the Mount Prospect Public Access studio shall
be on a first come first served non-discriminatory basis by scheduled time on a
reservation basis consistent with the goal of maximum availability of access. To
accomplish this, Comcast shall ensure that residents are able to make
reservations for the use of the studio by telephone during normal business hours.
The hours available for reservations of the Studio by Access users will be during
its normal, regularly scheduled business hours, which initially shall be the hours
of 9:00 a.m. to 9:00 p.m., Monday through Thursday, and 9:00 a.m. to 4:00 p.m.
Friday and Saturday, holidays excepted.
Section 4: That Comcast will post notice of the closure of the Public
Access Studio in the Village of Palatine at that location, along with information on
the location of the Mount Prospect Access Studio, and the means by which a
resident can reserve time for the production of Public Access programming.
Comcast will add information (consistent with that currently provided regarding
other similar facilities) on the Mount Prospect Access Studio to its Public Access
web page by not later than the closing date of the Palatine Studio. Further,
Comcast will open the Mount Prospect facility within 14 days of the date of the
closure of the Palatine Studio- to allow time for Comcast to relocate the Public
Access equipment from the Palatine Studio to the Mount Prospect facility.
Section 5: That Comcast will acknowledge acceptance of this
amendment through a written memorandum demonstrating receipt and
acknowledgment of the Village's actions in this Ordinance, which said written
memorandum should be provided within 30 days of Comcast's receipt of a copy
of this Ordinance.
Section 6: That the Village Clerk is hereby directed to provide a certified
copy of this ordinance to Comcast at the following address:
Director of Governmental Affairs
Comcast
1500 McConnor Parkway, 2nd Floor
Schaumburg, IL 60173
Section 7: That this Ordinance shall become effective ten (10) days from
and after its passage, approval and publication according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT. 0
PASSED this 22nd day of June 2004
APPROVED this 22nd day of June 2004
APPROVED:
Craig B. Johnson, Mayor
ATTEST:
Ann L Walsh, Village Clerk
PUBLISHED this 25th day of June 2004 in pamphlet form.
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