HomeMy WebLinkAbout1994 Resolution No. 086•
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RESOLUTION NO . .&___
SERIES OF 1994
A RESOLUTION ESTABLISHlNG AN ESCROWED SECURITY FUND TO lNSURE
COMPLlANCE WITH CABLE TV CUSTOMER SERVICE STANDARDS.
WHEREAS, within thirty d•ys of the effeeuve date of the adoption of E .M.C . TiUe 12,
Chapter 6, or the effective dat.. of any franchiae granted to the Cable O,-.r a wr, the Cable
Operator shall deposit with an esrrow r("lll t approved by the Franchlai,>g lwthority One
Hundred Thousand Dollars ($100,!JOOJ, or surh lester amounta u the F't,,r,,ruoing
Authority deem s reasonable to pro .. !\. aubscriben within ita juriadiction;
WHEREAS , the Franchi si ng Authority may require the Cable Operator to increase the
amount of this escrowed fund (Securitv \• . .nd) if it finds that new rislr. factora exist which
nece ssi tate an increase ; and
WHEREAS , this Security Fund shall ae rve u •ocurity for U1-i payment of any penalties,
fees, charges or credits provided for under the Customer Service Standards;
NOW, THF.REFORE , BE IT RESO LVED BY THE crrv COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THA1 :
~-The Ci ty req uires and authorizes the Cable Operator to establish an escrowed
Security Fund t.o in , , . , r.ompliance with Cable TV Customer Service Standard• as
approved by the Fr, , .'1ising Authority in the amount of One Hundred Thousand Dollars
($1()0,000) .
ADOPl'ED AND APPROVED this 5th day of December, 1994.
I, Loucrishia A. Ellis, Ci ty Clerk for tli,,,City of Englewood, Colorado, hereby certify
,,., "· .,_, ;., ~. ~, ..... ,., .. N,~ .. -~d. ~
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subjec t
Esta~lishmer.t of An
1 4 g Escrowed Security Fund fo r
Cable TV Cust omer Service
December 5, 1994 --~ Standards
l n ltlaied By I Staff Source
Departme nt of Ad m inistrative Services Perry Movick , Manager of Info. Services
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Passage of Ordinance No . 4 , Series of 1980 -Authorizing Cable Television Permit.
Passage of Ordina nce no. 37 , Series of 1992 -Authorizing costs incurred in Franchise
negotiat ions . ·
Pa ssage of Ordinance No. 38 , Series of 1992 -Authotozing entering into an intergovernmental
agree me nt for Greater Metro Cable Consortium.
Approval of Coun cil Bill No. 68 , Series of 1994 (firs t read ing ) -Adoption of Customer Service
Stand ard s for Cable Op erators
RECOMMENDcD A CTI ON
Staff se e ks Council Adoption , by resolution , for establishing an Escrowed Secu rity Fund to
ins ure compl iance w ith Cable TV Customer Service Standards .
BACKGROUND , ANALYSIS, ANO ALTERNATl1/ES IDENTIFIED
Within thirty days of the effective date of E.M .C. Title 12 , Chapter 6 , or the effective date of any
f ranchise granted to the Cable Operato r, the Cab le Ope rator is requ ired to deposit with an
escrow agent app roved by the Franch ising Authority One Hundred Thousand Dollars
($100 ,00 0). Th is Security Fund will serve as se curity for the payment of any penalties , fees ,
ch arg es or cre dits p rovided for under the Custo mer Service Standards .
There are primarily two instances where the Franchising Authority may withdraw on the
Security Fund . •
1) Citizen Complaints to the Franchising Authority
The Franchising Authorit:, may ·ovide the custom,:ir with the amount of the Cie dit (as
set forth in EMC 12-6-6) by me .I 1Is of a w,thd1dwal from \he Security F·:!ld. This would be
after the following had occurr1;id :
• The cu &:omer had a:\_lnp'•J-1 I, ~,solve the problem with the Cable Operator.
• The custo Tier requeste,.: ti:, ran chising Authority to r.!view the Cable Operator's decision .
• The Franchising A uttmrity de\e1mined a credit was due the customer.
2) Patterns of non-compliance
The Franch ising Authority may assess a penalty of up to one thousand dollars
($1 ,000 .00) per day, to be withdrawn from the Security Fund until the non-compliance is
remedied . The steps required to detenTiining the non-compliance would be as follows :
• The Franchising Authority woulr' notify the Cable Opera tor in writing of the non -
compliance .
• An infonTial meetin g may be held to review the alleged non-compliance .
• The Cable Operator or the Franchising Authority may request an Administrative Hearing.
• After the Adm inistrative Hearing , the Franchising Authority shall detenTiine whether the •
non-compliance has been substantiated . If it is, the Franchising Authority may order the
Cable Operator to correct the non-compliance within thirty days .
• At the end of thirty days , if the non-compliance has not been corrected , the Franchise
Authority may impose the assessments.
FINANCIAL IMPACT
With the exception of assessments for patterns of non-complianc.1 shown above. there is no
financial impact to the City for establishing this Security Fund .
LIST OF ATTACHMENTS
The proposed Resolution .
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