Resolution 1479RESOLUTION NO. 1479
A RESOLUTION CONCERNING THE COMMENCEMENT OF FORMAL
RENEWAL PROCEEDINGS WITH COMCAST UNDER THE FEDERAL
CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED.
WHEREAS, the City of Edmonds, Washington, ("City") enacted an ordinance and
entered into a nonexclusive cable television franchise agreement (collectively, the "Franchise")
with Comcast of Washington LLC and Comcast of California/Colorado/Washington I, Inc.
("Comcast"), which became effective December 28, 2012, to provide cable television service
within the territorial limits of the City; and
WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as
amended (the "Cable Act"), 47 U.S.C. § 546(a)(1), provides that if a written renewal request is
submitted by a cable operator during the 6 -month period which begins with the 36th month
before franchise expiration and ends with the 30th month prior to franchise expiration, a
franchising authority shall commence formal renewal proceedings to identify the future cable -
related community needs and interests, and to review the performance of the cable operator
under its franchise during the then current franchise term; and
WHEREAS, the Franchise term expired on December 28, 2019; and
WHEREAS, by letter from Comcast to the City, Comcast invoked the formal renewal
procedures set forth in Section 626 of the Cable Act, 47 U.S.C. § 546; and
WHEREAS, the City is desirous of commencing the formal renewal proceedings
specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of
pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable
Act, 47 U.S.C. § 546(h); and
WHEREAS, the City wishes that the formal proceedings under Section 626(a) of the
Cable Act and the informal renewal process under Section 626(h) be managed and conducted by
the City, or its designee(s); and
WHEREAS, the City, must provide the public with notice of, and an opportunity to
participate in, formal renewal proceedings under Section 626(a) of the Cable Act; and
WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal
process may involve the collection and analysis of information from Comcast (and its affiliates
and subsidiaries), City agencies and departments, the public and other interested parties, and may
require one or more public hearings.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
1
1. These proceedings, and all applicable procedures, timelines and deadlines set forth in
Section 626(a) -(g) of the Cable Act, 47 U.S.C. § 546(a) -(g), may be tolled if Comcast and the
City enter into a lawful and binding tolling agreement ("Standstill Agreement").
2. The City, City staff and/or their designee(s) are authorized to manage and conduct those
formal franchise renewal proceedings specified in 626(a)(1) of the Cable Act, 47 U.S.C. §
546(a)(1), and to take all steps and actions necessary or desired to conduct such proceedings and
to comply with applicable laws, regulations, orders and decisions.
3. The City, City staff and/or their designee(s), may explore with Comcast the possibility of
pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C.
§ 546(h). If the City and Comcast decide to utilize the informal renewal process, the City, City
staff and/or their designee(s) are authorized to enter into a Standstill Agreement, if appropriate or
desired, to perform past performance and needs assessment reviews, to negotiate and
communicate with Comcast concerning matters relating to the renewal and/or extension of the
Franchise, and to take all other steps and actions necessary or desired to engage in the informal
renewal process and/or to comply with applicable laws, regulations, orders and decisions.
4. The City, City staff and/or their designee(s) shall provide the public with notice of, and
an opportunity to participate in, proceedings conducted under Section 626(a)(1) of the Cable Act,
47 U.S.C. § 546(a)(1), unless those proceedings are tolled pursuant to a Standstill Agreement, in
which case such notice and an opportunity to participate will only be required if the Standstill
Agreement ceases to be effective or if the Cable Act's formal renewal process is re -activated in
accordance with the Standstill Agreement.
5. The City, City staff and/or their designee(s) may establish procedures and dates for the
conduct of any hearings related to the Section 626(a) proceedings or the informal franchise
renewal process and may establish procedures and dates for the submission of testimony and
other information in connection with such proceedings and the informal franchise renewal
process.
6. The City, City staff and/or their designee(s) are authorized to request and require
Comcast and its affiliates and subsidiaries to submit such information as may be deemed
appropriate in connection with the Section 626(a) proceedings or the informal renewal process
under Section 626(h), to the maximum extent permitted by the Franchise and applicable laws and
regulations, to gather such other information from other persons or sources as may be deemed
appropriate, and to take such further steps as may be needed or desired to ensure the City's, and
the public's cable -related needs and interests are satisfied and fully protected consistent with
applicable law.
7. This Resolution shall become effective immediately upon adoption.
RESOLVED this 17'h day of August, 2021.
CITY OF EDMONDS
r-
MAAR, MICHAEL NELSON
ATTEST:
6nY-&-WK, SeOT SEY
FILED WITH THE CITY CLERK: August 13, 2021
PASSED BY THE CITY COUNCIL: August 17, 2021
RESOLUTION NO. 1479