2004-06206/21/04
ORDINANCE NO. 2004- 62
AN ORDINANCE AMENDING THE NON - EXCLUSIVE CABLE
TELEVISION FRANCHISE OF COMCAST COMMUNICATIONS
WHEREAS, pursuant to discussions between the Village and Comcast Communications
regarding the practical utilization of the franchise required Palatine Public Access Studio (PPAS),
now located in the Village of Palatine's Village Hall, the parties have come to an agreement
regarding the amendment of the existing franchise agreements permitting the closing of the Studio;
and
WHEREAS, the Village negotiated and adopted the present non - exclusive cable television
franchise agreement which is now owned and operated by Comcast, said agreement was adopted and
approved pursuant to Ordinance No. 97 -19, as amended by Ordinance No. 2002 -31; and
WHEREAS, the cable television franchise currently requires that Comcast operate and
maintain a Public Access Studio within one of the 5 Regional Cable Group communities, a
requirement with which Comcast and its predecessor companies have complied; and
WHEREAS, the use of the Studio has been declining in recent years and its utilization no
longer justifies its continued operation as a separate facility; and
WHEREAS, Comcast is willing to provide interested Village cable customers access to its
Mount Prospect Public Access Studio (MPPAS) location for the purpose of producing Public Access
programming to be aired on the cable system; and
WHEREAS, the amendment of the existing franchises will eliminate the possibility of the
deduction, from franchise fee payments, the costs of operating and maintaining the current Public
Access Studio within the Regional Cable Group communities; and
WHEREAS, through discussions with Comcast and investigation by the Village staff, the
parties have agreed to amend the franchise agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
SECTION 1: That the current franchise agreement and cable television ordinance shall be hereby amended to
eliminate the requirement that Comcast, or its successor in interest be required to maintain a Public Access
studio within one of the Regional Cable Group communities, and that said studio be open during those hours
specified in the franchise agreement. Except for the elimination of the foregoing location requirement,
Comcast, or its successor in interest, shall comply with all other requirements of the current franchise
agreement with the Village.
SECTION 2: That Comcast shall provide use of its Mount Prospect Public Access studio to Village residents
for the purpose of producing Public Access programming to be aired on the cable system.
-1-
SECTION 3: That access to the Mount Prospect Public Access studio shall be on a first come first served non-
discriminatory basis by scheduled time on a reservation basis consistent with the goal ofmaximum availability
of access. To accomplish this, Comcast shall ensure that residents are able to make reservations for the use of
the studio by telephone during normal business hours. The hours available for reservations of the Studio by
Access users will be during its normal, regularly scheduled business hours, which initially shall be the hours of
9AM to 9PM Monday through Thursday, and 9AM to 4PM Friday and Saturday, holidays excepted.
SECTION 4: That Comcast will post notice of the closure of the Public Access Studio in the Village of
Palatine at that location, along with information on the location ofthe Mount Prospect Access Studio, and the
means by which a resident can reserve time for the production of Public Access programming. Comcast will
add information (consistent with that currently provided regarding other similar facilities) on the Mount
Prospect Access Studio to its Public Access web page by not later than the closing date ofthe Palatine Studio.
Further, Comcast will open the Mount Prospect facility within 14 days ofthe date ofthe closure ofthe Palatine
Studio — to allow time for Comcast to relocate the Public Access equipment from the Palatine Studio to the
Mount Prospect facility.
SECTION 5: That Comcast will acknowledge acceptance of this amendment through a written memorandum
demonstrating receipt and acknowledgment of the Village's actions in this Ordinance, which said written
memorandum should be provided within 30 days of Comcast's receipt of a copy of this Ordinance.
SECTION 6: That the Village Clerk is hereby directed to provide a certified copy of this ordinance to
Comcast at the following address:
Director of Government Affairs
Comcast
1500 MCConnor Parkway, 2nd Floor
Schaumburg, IL 60173
SECTION 7: This Ordinance shall become effective ten (10) days after its passage and publication as required
by law.
AYES: 6 - Braiman, Glover,Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED: June 21.. , 2004.
APPROVED: June 21 .2004.
PUBLISHED: June 22 , 2004.
ATTEST:
APPROVED:
Village President
IPA
illage Clerk
N,b
Published by me in pamphlet form this day of C(/ , 2004.
i��Ut�cnn�.
illage Clerk
-3-
T i
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
1, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on June 21, 2004, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2004 -62 entitled AN ORDINANCE
AMENDING THE NON - EXCLLUSIVE CABLE TELEVISION
FRANCHISE OF COMCAST COMMUNICATIONS - 6/21
provided by its terms that it should be published in
pamphlet form.
The pamphlet form of Ordinance No. 2004 -62
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing June 22,
2004, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 22th day of
June, 2004.
Village glerk
By
At
06/21/04
.
WHEREAS, pursuant to discussions between the Village and Comcast Communications
regarding the practical utilization of the franchise required Palatine Public Access Studio (PPAS),
now located in the Village of Palatine's Village Hall, the parties have come to an agreement
regarding the amendment of the existing franchise agreements. permitting the closing of the Studio;
and
WHEREAS, the Village negotiated and adopted the present non - exclusive cable television
franchise agreement which is now owned and operated by Comcast, said agreement was adopted and
approved pursuant to Ordinance No. 97 -19, as amended by Ordinance No. 2002 -31; and
WHEREAS, the cable television franchise currently requires that Comcast operate and
maintain a Public Access Studio within one of the 5 Regional Cable Group communities, a
requirement with which Comcast and its predecessor companies have complied; and
WHEREAS, the use of the Studio has been declining in recent years and its utilization no
longer justifies its continued operation as a separate facility; and
WHEREAS, Comcast is willing to provide interested Village cable customers access to its
Mount Prospect Public Access Studio (MPPAS) location for the purpose of producing Public Access
programming to be aired on the cable system; and
WHEREAS, the amendment of the existing franchises will eliminate the possibility of the
deduction, from franchise fee payments, the costs of operating and maintaining the current Public
Access Studio within the Regional Cable Group communities; and
WHEREAS, through discussions with Comcast and investigation by the Village staff, the
parties have agreed to amend the franchise agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
SECTION 1: That the current franchise agreement and cable television ordinance shall be hereby amended to
eliminate the requirement that Comcast, or its successor in interest be required to maintain a Public Access
studio within one of the Regional Cable Group communities, and that said studio be open during those hours
specified in the franchise agreement. Except for the elimination of the foregoing location requirement,
Comcast, or its successor in interest, shall comply with all other requirements of the current franchise
agreement with the Village.
SECTION 2: That Comcast shall provide use of its Mount Prospect Public Access studio to Village residents
for the purpose of producing Public Access programming to be aired on the cable system.
1111
SECTION 3: That access to the Mount Prospect Public Access studio shall be on a first come first served non-
discriminatory basis by scheduled time on a reservation basis consistent with the goal of maximum availability
of access. To accomplish this, Comcast shall ensure that residents are able to make reservations for the use of
the studio by telephone during normal business hours. The hours available for reservations of the Studio by
Access users will be during its normal, regularly scheduled business hours, which initially shall be the hours of
9AM to 9PM Monday through Thursday, and 9AM to 4PM Friday and Saturday, holidays excepted.
SECTION 4: That Comcast will post notice of the closure of the Public Access Studio in the Village of
Palatine at that location, along with information on the location ofthe Mount Prospect Access Studio, and the
means by which a resident can reserve time for the production of Public Access programming. Comcast will
add information (consistent with that currently provided regarding other similar facilities) on the Mount
Prospect Access Studio to its Public Access web page by not later than the closing date of the Palatine Studio.
Further, Comcast will open the Mount Prospect facility within 14 days ofthe date ofthe closure ofthe Palatine
Studio — to allow time for Comcast to relocate the Public Access equipment from the Palatine Studio to the
Mount Prospect facility.
SECTION 5: That Comcast will acknowledge acceptance of this amendment through a written memorandum
demonstrating receipt and acknowledgment of the Village's actions in this Ordinance, which said written
memorandum should be provided within 30 days of Comcast's receipt of a copy of this Ordinance.
SECTION 6: That the Village Clerk is hereby directed to provide a certified copy of this ordinance to
Comcast at the following address:
Director of Government Affairs
Comcast
1500 MCConnor Parkway, 2 °a Floor
Schaumburg, IL 60173
SECTION 7: This Ordinance shall become effective ten (10) days after its passage and publication as required
by law.
AYES: 6 — Braiman, Glover,Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED: June 21 , 2004.
APPROVED: June 21 , 2004.
PUBLISHED: June 22 , 2004.
ATTEST:
FEN a 920y"13
Village President
-2-
�►
'-Village Clerk
Published by me in pamphlet form this day of 52004.
QV2 , .
illage Clerk
-3-