NUMB:
981233
VERS:
SUBSTITUTE 1
REF:
980530
XXBY:
ALD. HENNINGSEN AND GORDON
TITL:
Substitute resolution relating to cable television facilities
ANLS:
- Analysis -
This resolution authorizes the City Clerk to commence negotiations with the Milwaukee Access Telecommunication Authority (MATA) for a services contract as the City's public access manager under the proposed repealed and recreated Chapter 99, Milwaukee Code of Ordinances, being considered by the Common Council in Common Council File No. 980530, and the proposed renewal cable television franchise agreement (renewal agreement) with Time Warner of Southeastern Wisconsin, LP (Time Warner). The resolution also authorizes the execution of a short-term interim access management agreement with MATA. MATA is the entity currently operating cable access programming under the 1983 cable franchise agreement. The interim agreement would commence on January 1, 2000, the date of commencement of the renewal agreement, and be for a period no longer than 120 days. During this interim period, the City Clerk would negotiate the terms and conditions of the access manager contract with MATA and make a recommendation to the Common Council regarding the designation of MATA as the City's access manager and the entry into a contract with MATA to operate public access for the remainder of the term of the renewal agreement.
BODY:
Whereas, The Common Council is considering, under Common Council File No. 981230, the approval of a renewal cable television franchise agreement (renewal agreement) with Time Warner Cable of Southeastern Wisconsin, LP (Time Warner); and
Whereas, The term of the renewal agreement will commence on January 1, 2000, thereby terminating the 1983 franchise agreement (1983 agreement) pursuant to the terms of the extension of the 1983 agreement granted under Common Council File No. 991229; and
Whereas, The termination of the 1983 agreement will also terminate all rights and interest under that agreement of the Milwaukee Access Telecommunication Authority (MATA), the entity currently operating public access programming on the City's cable television system; and
Whereas, The office of the City Clerk has developed a proposed form of access manager contract (access contract), a copy of which is attached to this file, for use in retaining MATA as the access manager to operate public access programming under the renewal agreement and the repealed and recreated provisions of Chapter 99, Milwaukee Code of Ordinances, currently being considered by the Common Council under Common Council File No. 980530; and
Whereas, Because MATA's right to operate public access programming on the City's cable system will terminate on January 1, 2000 if the Common Council approves the renewal agreement under Common Council File No. 981230, it is necessary to authorize the City Clerk to enter into an interim access management agreement with MATA for a term not to exceed 120 days, so that during this interim period, the City Clerk will attempt to finalize negotiations with MATA for the long-term access contract and make a recommendation to the Common Council for the designation of MATA as the City's access manager and the approval of an access contract with MATA; now, therefore, be it
Resolved, That the Common Council approves the proposed form of the access contract attached to this file and directs the City Clerk to commence negotiations with Milwaukee Access Telecommunications Authority (MATA) for a long-term access contract based upon that proposed contract form; and, be it
Further Resolved, That contingent upon the final approval of Common Council File No. 981230 and upon MATA securing a commitment for Time Warner Cable of Southeastern Wisconsin, LP (Time Warner) to allow MATA to continue to occupy space at Time Warner's headquarter facilities for at least 120 days, the Common Council authorizes the City Clerk to negotiate and enter into an interim access management agreement with MATA for a term not to exceed 120 days, with funding for that agreement being provided from the public, educational and government (PEG) grant funds delivered by Time Warner under the provisions of the renewal agreement.
ZDPT:
DFTR:
99449-1
CW
12/8/99