City of Atlanta
Georgia

Ordinance
16-O-1599
Adopted on Substitute
Dec 4, 2017 1:00 PM

AN ORDINANCE BY COUNCILMEMBERS HOWARD SHOOK AND NATALYN ARCHIBONG AS SUBSTITUTED BY THE ATLANTA CITY COUNCIL AUTHORIZING THE EXTENSION OF THE 2009
CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF
ATLANTA AND COMCAST OF GEORGIA/VIRGINIA, LLC; WAIVING
CITY CODE SECTION 34-13; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 7 Howard Shook, Councilmember, District 5 Natalyn Mosby Archibong
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 19 CITY OF ATLANTA AND COMCAST AGREEMENT
  3. SUB 16-O-1599 (Comcast Renewal) (This file has not yet been converted to a viewable format)
  4. 16-O-1599 DRAFT Comcast Franchise Agreement

Item Discussion

(Held 10/25/16 at the request of the Department) (Substituted and Held 11/15/16)

Body

 

WHEREAS, pursuant to O.C.G.A. § 36-76-3, the City of Atlanta ("City") is authorized to grant one or more non-exclusive, revocable franchises to construct, reconstruct, operate, and maintain a cable communications system to provide cable services within the City; and

 

WHEREAS,  pursuant to Ordinance 09-0-1223, adopted by the Atlanta City Council on September 8, 2009 and approved by the Mayor on September 11, 2009, the City entered into a franchise agreement ("2009 Franchise Agreement") with Comcast of Georgia/Virginia Inc. ("Franchise Holder") for a term of seven years from November 30, 2009 through November 29, 2016; and

 

WHEREAS,  the Franchise Holder has complied with the material terms of the 2009 Franchise Agreement and with applicable law; and

 

WHEREAS, pursuant to Ordinance 16-0-1696, adopted by the Atlanta City Council on January 3, 2017 and approved by operation of law on January 12, 2017, the City extended the 2009 Franchise Agreement for a period of one (1) year from November 30, 2016 to November 29, 2017; and

 

WHEREAS, the parties continue to engage in extensive and productive negotiations but have not yet reached a final agreement as to all of the terms and conditions for a new franchise agreement; and

 

WHEREAS,  the Franchise Holder has agreed to continue to operate the cable system under the same terms and conditions and with the same rights and privileges as the 2009 Franchise Agreement pending the execution of the new franchise agreement; and

 

WHEREAS, the Office of the Mayor recommends that the 2009 Franchise Agreement be extended d for a period not to exceed eighteen (18) months beginning November 30, 2017, and expiring May 29, 2018, or upon execution of the new franchise agreement, whichever first occurs.

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA HEREBY ORDAINS AS FOLLOWS:

 

Section 1: The 2009 Franchise Agreement is extended for a period not to exceed eighteen (18) months beginning November 30, 2017, and expiring May 29, 2018, or upon execution of the new franchise agreement, whichever first occurs.

 

Section2:  The Franchise Holder shall continue to operate the cable system under the same terms and conditions and with the same rights and privileges as the 2009 Franchise Agreement pending the execution of the new franchise agreement.

 

Section 3: City Code Section 34-13 is hereby waived for the purposes of this Ordinance only.

 

Section 4: All ordinances or parts of ordinances in conflict herewith are hereby waived to the

extent of any such conflict.

 

 

 

 

 

Meeting History

Oct 17, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Oct 25, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft

Andy Mackey

RESULT:HELD IN COMMITTEE
Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 15, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [4 TO 0]
MOVER:Howard Shook, Vice Chair
SECONDER:Natalyn Mosby Archibong, Chair
AYES:Natalyn Mosby Archibong, Andre Dickens, Howard Shook, Alex Wan
AWAY:Clarence "C. T." Martin, Yolanda Adrean, Joyce M Sheperd
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 29, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Dec 5, 2016 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Dec 13, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 3, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 10, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 24, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 14, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 28, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 14, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 28, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Apr 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Apr 25, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 1, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 9, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 15, 2017 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 23, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 13, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 19, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 27, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 11, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 25, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 21, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 29, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 18, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 26, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 2, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 10, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 16, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 24, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 14, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft
RESULT:RETURNED AS HELD
Nov 28, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Dec 4, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Councilmember Archibong made a Motion to bring forth a Substitute to Ordinance 16-O-1599. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. The Substitute was before Council. Following, Chairperson Wan made a Motion to Adopt on Substitute. It was Seconded by Councilmember Martin and CARRIED by a roll call vote of 12 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

RESULT:ADOPTED ON SUBSTITUTE [12 TO 0]
AYES:Michael Julian Bond, Andre Dickens, Carla Smith, Kwanza Hall, Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Joyce M Sheperd
EXCUSED:Mary Norwood, Ivory Lee Young Jr.
AWAY:Keisha Lance Bottoms