Laserfiche WebLink
8 <br />and provides for ad ditional funding for PEG equipment and facility needs; programming <br />surveys must be conducted by Adelphia at the City’s request; requires Adelphia to <br />provide the City a complaints log annually; sets forth a series of penalties to be drawn <br />from the securi ty fund, including a substantial daily fine for the failure to timely complete <br />construction of the required system upgrade; provides protections to the City in the event <br />of transfer or bankruptcy; and creates a new cable advisory committee to monitor <br />Ad elphia’s compliance with the franchise. <br /> <br />The public hearing was opened, but as there were no speakers, the public hearing <br />was closed. <br /> <br /> Mr. Caravati, a member of the committee that reviewed the franchise agreement, <br />thanked staff and the committee for it s work. He said the committee has been assured of <br />its continuing commitment by Adelphia. He said he will support the franchise though he <br />was often in the minority on the committee. He said the agreement will allow significant <br />expansion of PEG access. He said he is troubled that the County has been getting a free <br />ride at the public access center, but noted that Albemarle County residents will soon be <br />paying for public access. He said he was frustrated by the limits in the City's ability to <br />regula te cable. <br /> <br /> Ms. Richards congratulated staff and the Adelphia Team for its very productive <br />negotiating process, especially Ms. Knake. She said the agreement provides for hard - <br />won upgrades, including better picture quality and more channel capacity. She <br />recommended that Council approve the franchise. <br /> <br /> Mr. Cox echoed Councilors' appreciation and said the City has gotten some clear <br />benefits. <br /> <br /> On motion by Mr. Caravati, seconded by Mr. Lynch, the ordinance entitled "AN <br />ORDINANCE GRANTING A FRANCHISE TO CHELSEA COMMUNICATIONS, <br />L.L.C. D/B/A ADELPHIA CABLE COMMUNICATIONS TO CONSTRUCT, <br />OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF <br />CHARLOTTESVILLE, VIRGINIA; SETTING FORTH CONDITIONS <br />ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR <br />REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS - OF - WAY; <br />AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS <br />OF THIS ORDINANCE HEREIN" was offered and carried over to the next meeting for <br />consideration. <br /> <br />RESOLUTION <br />: SETTLEMENT OF ADELPHI A CABLE FEE DISPUTE <br /> <br /> Ms. Knake said that Council has previously approved a resolution finding Adelphia in <br />default on unpaid franchise fees. She said Adelphia has refuted this finding and say they only <br />owe $22,000. She said the cable committee did not want Adelphia to pass on the additional <br />amount to subscribers, and taking into consideration this and the cost of a dispute, <br />recommends that the settlement be for $22,000 with the agreement that this amount will not <br />be passed on to subscribers. She sai d revisions to the resolution address the fact that the <br />bankruptcy court must approve this settlement. <br /> <br /> On motion by Mr. Caravati, seconded by Ms. Richards, the Resolution Settling the <br />Adelphia Cable Fee Dispute was approved by the following vote. Ayes : Mr. Caravati, Mr. <br />Cox, Mr. Lynch, Ms. Richards, Mr. Schilling. Noes: None. <br /> <br />WHEREAS <br />, on or about May 28, 1992, the City of Charlottesville, Virginia (“City”) <br />granted a Cable Television Franchise Ordinance (“Franchise”) to Multi - Channel Cable TV <br /> <br />Compa ny (“MCCTV”); and <br />WHEREAS <br /> , MCCTV’s rights under the City’s Franchise were transferred and <br />assigned to Adelphia Communications (“Adelphia”), and City consented to and approved of <br />said transfer and assignment; and <br />