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Home My WebLink AboutAGENDA REPORT 1992 1007 CC REG ITEM 08NITEM $•N. MOORPARK 799 Moorpark Avenue Moorpark, California 93021 MEMORANDUM TO: Honorable City Council FROM: Richard Hare, Deputy City DATE: October 2, 1992 (805) 529 -6864 � Counc' r1c /D 199_2- - ACTION: SUBJECT: Consider amending certain sections of Ordinance No. 134 to extend the rebuild of the Ventura County Cablevision Cable Television System located in the City to allow for the upgrade of the rebuild to include the use of hybrid fibero tic coaxial design (CC Mtg. 10 -7 -92) Background The City Council passed Ordinance 134, November 21, 1990, which established the operating rights of Ventura County Cablevision (VCC) within the City. As part of that ordinance VCC was required to upgrade and rebuild their entire cable television system in the City increasing it to a 450 MHz system with a sixty (60) channel capacity on or before December 31, 1993. Over the last several months staff and the Budget & Finance Committee (Lawrason, Montgomery), have had discussions with VCC regarding the possibility of taking advantage of current optical fiber technology to improve the cable television system with the latest technology. A fiberoptic \coaxial system will allow delivery of up to seventy -seven (77) channels at 550 MHz with better clarity and a stronger signal. VCC has agreed to the installation of this technology, however, the installation will take six to nine more months than our current ordinance allows. Staff asked VCC to submit suggested revisions to the ordinance in order to extend the deadline for rebuilding the system. VCC responded with the attached draft ordinance. The City Attorney and the Committee have not had the opportunity to review all of the suggested changes, but VCC needs to know as soon as possible the Council's position on the time extension so they can proceed with the engineering and design of a standard cable system or an fiberoptic /coaxial system. PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On P._ -- Honorable City Council October 2. 1992 Page 2 Other Ordinance Revisions Included in the VCC suggested revisions is a revision to the "Standby Power" requirement, a revision to "Applicable Technical Standards" and a revision to the section dealing with "liquidated damages ". These revisions require further discussion and review by the Committee with the City Attorney, before the staff and the Committee are prepared to recommend adoption. Fiberoptic Rebuild The rebuild of the cable television system using fiberoptic technology will greatly enhance the system available to Moorpark residents. The Committee and staff strongly recommend allowing an extension to VCC until September 30, 1994, so that fiberoptic cable can be installed. Recommendation Approve the extension of the deadline for rebuild of the VCC cable television system in Moorpark from December 31, 1993, to September 30, 1994, to install a fiberoptic system and direct the City Attorney and the Budget & Finance Committee (Lawrason, Montgomery), to review the proposed amendments to Ordinance 134, and to prepare in final form for first.reading on October 21, an ordinance amending Ordinance 134. October 2, 1992 c: \wp51\reports \CB D a C ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK EXTENDING THE DATE FOR COMPLETION OF THE REBUILD OF THE CABLE TELEVISION SYSTEM SERVING THE CITY OWNED AND OPERATED BY THE CHRONICLE PUBLISHING COMPANY. WHEREAS, the City of Moorpark granted a renewal of the cable television franchise held by The Chronicle Publishing Company ( "Chronicle "), doing business as Ventura County Cablevision, pursuant to the terms of Ordinance No. 134- - adopted by the. City Council November 21, 1990 under which Chronicle has been granted the right to construct, operate and maintain a cable television system within the City for a term of ten years; and WHEREAS, Chronicle agreed to rebuild its cable television system serving the City to a bandwidth of 450 MHz with a capacity of sixty (60) channels on or before December 31, 1993; and WHEREAS, Chronicle desires to construct a state -of- the -art cable television system in Moorpark utilizing fiberoptic technology designed to allow for the delivery of up to seventy -seven (77) channels of programming; and WHEREAS, Chronicle has requested that the period for completion of the rebuild of its cable television system be extended to September 30, 1994 to allow sufficient time to design, construct and make operational such a state - of- the -art system in the City. NOW, THEREFORE, the City Council of the City of Moorpark does ordain as follows: SECTION 1. Section 7(b) of Ordinance No. 134 is amended in its entirety to read as follows: "(b) Channel Capacity_. By no later than September 30, 1994, Grantee will rebuild its cable television system located in the City utilizing a hybrid fiberoptic /coaxial design with a bandwidth capable of delivering signals at frequencies up to 550 MHz having a capacity of up to seventy -seven (77) channels with each channel having a bandwidth of up to six (6) MHz. --- Completion of the system rebuild shall be understood to mean that the cable system's distribution plant located within the City is capable of passing video signals at carrier frequencies up to 550 MHz. Completion of the system rebuild shall _not be understood to require that Grantee (i) reconfigure, upgrade or modify the system headend, receive sites or nodes to accommodate additional channels or (ii) activate or program additional channels at such point as the cable system has been rebuilt in accordance with the requirements of this Section." SECTION 2. Section 7(e) of Ordinance No. 134 is amended in its entirety to read as follows: "(e) Standby Power. VCC shall provide standby power generating capacity during utility power outages at its system headend and microwave receive sites. By September 30, 1994, VCC shall have installed such standby power supplies or line powering (regulating only, not standby) throughout its system as is consistent with sound engineering practice as reasonably determined by VCC." SECTION 3. Section 7(f) of Ordinance No. 134 is deleted in its entirety. SECTION 4. Section 7(g) of Ordinance No. 134 is amended in its entirety to read as follows: "(g) Applicable Technical Standards. The cable system as rebuilt by VCC shall comply with all applicable provisions of Part 76, Subpart K (Technical Specifications) of the FCC's Rules and Regulations. Should the FCC allow local regulation of the technical performance characteristics of cable systems, the standards set forth in Part 76, Subpart K (Technical Specifications) of the FCC's Rules and Regulations, as in effect immediately prior to the date of any such action by the FCC allowing for such local regulation, shall become the technical performance characteristics applicable to VCC's cable system for the remainder of its franchise term, and no greater technical standards or characteristics shall be imposed by the City over the course of such franchise term. Under no circumstances shall the FA -- City implement technical standards more stringent that those promulgated from time to time by the FCC, notwithstanding the provisions of Section 5.06.530 of Title 5, Chapter 6 of the Moorpark Municipal Code." SECTION 5. Section 8(c)(vi) of Ordinance No. 134 is amended by substituting "550 MHz" for "450 MHz" in the fourth line thereof. SECTION 6. The second paragraph of Section 10(a) of Ordinance No. 134 is amended by deleting the words and figures "to 60 channels" in the fifth line thereof. SECTION 7. Section 13 of Ordinance No. 134 is amended by deleting the period at the end thereof and adding the following: provided that the assessment of liquidated damages by the City shall be the exclusive monetary remedy to which the City is entitled for any breach of this franchise by Grantee." 3 SECTION 8. The City Clerk shall certify the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED THIS day of 1992. Mayor I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the day of 1992 by the following vote of the Council: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: City Attorney 4 City Clerk