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______________. Alliance for Community Media Conference Cable Franchise Renewal. ______________. By Michael R. Bradley Bradley & Guzzetta, LLC Phone: (651) 379-0900 July 8, 2005. Overview of the Informal Renewal Process. Limitations of the Cable Act’s Formal Renewal Process Do Not Apply
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______________ Alliance for Community Media ConferenceCable Franchise Renewal ______________ By Michael R. Bradley Bradley & Guzzetta, LLC Phone: (651) 379-0900 July 8, 2005
Overview of the Informal Renewal Process • Limitations of the Cable Act’s Formal Renewal Process Do Not Apply • No deadlines, except those that may be imposed by state or local law • Renewal may be denied for any reason • Any grant or denial of a franchise must be preceded by public notice and opportunity for comment • State and local notice and public meeting requirements must be followed
Overview of the Informal Renewal Process (Cont’d) • Process essentially involves negotiation of a new franchise agreement, based on articulated City needs • Terms of a franchise must be agreed to by both parties • City police powers and certain other municipal authority may be unilaterally imposed (e.g., penalties, and rate regulation).
Broad Concerns of CableFranchising Authorities • Current and Future Telecommunications Needs and Interests • Public, Educational and Governmental (PEG) Programming Needs
Broad Concerns of CableFranchising Authorities (Cont’d) • Infrastructure Development • Right-of-Way Management • Zoning Requirements • Facilities Management
Typical Steps in Connection with the Cable Franchise Renewal Process • Conduct a future cable-related needs and interests assessment • Meetings with City Officials and Staff • Conduct a past performance review • Identify cable operators degree of compliance with current franchise • Possible Franchise Fee Audit
Typical Steps in Connection with the Cable Franchise Renewal Process (Cont’d) • Preliminary Meetings with Cable Operator • Technical Evaluation • Financial Evaluation • Prepare a preliminary draft of the new cable television franchise agreement/ordinance • Review any proposal from the cable operator
Typical Steps in Connection with the Cable Franchise Renewal Process (Cont’d) • Public Hearing • Negotiations with the cable operator • Franchising Authority Approval of Franchise Renewal • Timetables to Complete Renewal • Informal Process - approx 12-15 months • Formal Process - time consuming, expensive and very lengthy
Overall Goals of the Needs Ascertainment Process • Identify and Articulate the Community’s Future Cable-Related Needs and Interests • Develop Recommendations As to How the Community’s Needs and Interests Can Be Satisfied by company • Maximize the City’s Negotiating Leverage with cable company
Description of Needs Ascertainment Process • Survey various City government and educational institutions • Hold Focus Group meetings with interested agency officials and staff • Pose questions concerning the cable system’s capabilities to cable company
Description of Needs Ascertainment Process (Cont’d) • Analyze responses from City agencies, educational institutions, public and cable company • Prepare Findings and Recommendations in a needs assessment report
______________ Alliance for Community Media ConferenceCable Franchise Renewal ______________ By Michael R. Bradley Bradley & Guzzetta, LLC Phone: (651) 379-0900 July 8, 2005