cover
TO: Mayor Richard C. Irvin
FROM: Clayton Muhammad, Chief Communications Officer
DATE: September 16, 2021
SUBJECT:
Renewal of the City's cable television franchise agreement with Comcast.
PURPOSE:
To grant Comcast non-exclusive cable television franchise agreement within the City for an additional 10 years.
BACKGROUND:
The regulations and guidelines regarding municipal cable television franchises are primarily governed by the Cable Communications and Policy Act of 1984 (the Cable Act) and the Cable Television Consumer Protection and Competition Act of 1992 (the 1992 Cable Act). Certain tenants of the Illinois Municipal Code, our Code of Ordinances, the Illinois Cable and Video Customer Protection Law and FCC Technical Standards are also applicable to the proposed franchise agreement.
The proposed franchise agreement governs video services only and conforms to all federal, state and locally prescribed standards for customer service, technical performance, public right-of-way usage, Public Educational-and-Governmental (PEG) capacity, and financial obligations.
By and large, the contract remains consistent with previous agreements, with minor revisions to reflect changes in language and procedures over the past decade. The most recent franchise between the City and Comcast was approved by the City Council on April 26, 2011 as Ordinance O11-016 and became effective June 24, 2011.
DISCUSSION:
Comcast timely notified the City of its desire to renew its franchise with the City and the Law Department and Comcast worked together to prepare the attached agreement with input from the Mayor's Office and the Mayor's Office of Community Affairs. The attached agreement is the result of the negotiation process.
IMPACT STATEMENT:
Approval of this Ordinance will grant Comcast a franchise to operate a cable system within the City for an additional ten years. As noted before, this is a non-exclusive franchise agreement.
RECOMMENDATIONS:
That the City Council approve the attached Ordinance authorizing the execution the cable franchise agreement with Comcast.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance authorizing the execution of a cable television franchise agreement with Comcast of Illinois XIIII, LP.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City has previously entered into cable television franchise agreements with Comcast of Illinois XIIII, LP ("Comcast"); and
WHEREAS, Comcast has notified the City of its desire to continue offering cable television services within the City; and
WHEREAS, the City Council authorized most recent cable television franchise agreement between the City and Comcast on April 26, 2011 upon passage of Ordinance O11-016; and
WHEREAS, Comcast has proposed and the City is agreeable to entering into an cable television franchise agreement on substantially similar terms to those set forth in the 2011 agreement; and
WHEREAS, the City and Comcast have negotiated a cable television franchise agreement, and said agreement is attached as Exhibit A to this Ordinance; and
WHEREAS, the cable television franchise agreement set forth in Exhibit A confirms to the requirements of Chapter 19 of the Code of Ordinances of the City as well as to all federal and state law requirements governing the authorization of such agreements.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the cable television franchise agreement set forth in Exhibit A to this Ordinance shall be and hereby is approved; and further
BE IT ORDAINED, that the Mayor and City Clerk shall be and hereby are authorized and directed to execute a cable television franchise agreement in substantially the same form as set forth in Exhibit A and deliver the same to Comcast; and further
BE IT ORDIANED, that this Ordinance shall be in full force and effect from and after its passage and approval.