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BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
R~~solufion No. oz-o4~
RESOLUTION EXTENDING ANON-EXCLUSIVE FRANCHISE FOR THF.
iJNINCORPORATED AREAS OF PARADISE
WHEREAS, TC:I of Northern California, Inc. currently holds a cable franchise with the
County of Butte ("County"}, granted by Resolution No. 83-56 (`'Franchise") on April 5. 198 ~;
and
WHEREAS, the Franchise was extended by Resolution No. 01-082 passed and adopted
July 24, 2001; and
WHEREAS, the Franchise was extended by Resolution No. 01-123 passed and adopted
October 23, 2001; and
WHEREAS, TCI of Northern California, Inc., and the County agree to extend informal
renewal negotiations in accordance with Section 626(h) of Title VI of the Communications Act
of 1934, as amended; and
WHEREAS, the amount of time required to conclude negotiations and allow for public
review will extend beyond the initial expiration date; and
WHEREAS, it is in the public interest to extend the current Franchise for an additional
period of time sa that cable service to the public will not be interrupted; and
WHEREAS, County reserves the right to renegotiate ali terms and conditions of
Franchise upon expiration of Franchise on July 12, 2003.
NOW, THEREFORF, BE IT RF,SOLVED AS FOLLOWS:
SECTION 1. The Franchise of TCI of Northern California. Inc., shall be extended
through July 12, 2003.
SECTION 2. Amend Resolution No. 83-56 to read:
FEE. During the time of this Franchise and the Grantee's active operation under the
terms of this Franchise, the Grantee shall pay to the County a fee equal to five percent
(5°10) of the Gross Subscriber Revenues received by the Grantee from the subscribers and
users in the County. The said fee shall be paid quarterly thirty (30) days following the
last day of each March, June, September and December and shall be computed on the
basis of such revenues received during the preceding three (3) month period. The
Grantee shall file with the County Finance Director within ninety (~Oj days after
expiration of each fiscal year during which such franchise is in force a financial statement
prepared by a licensed public accountant showing in detail the total Gross Subscriber
Revenues, as defined herein. of the Grantee, and any permitted successors or assigns,
during the preceding fiscal year. For the purposes of this section the term "f~rscal year" as
herein used shall mean the fiscal year established by the Grantee for tax purposes within
the meaning of the Internal revenue Cade.
SECTION 3. Amend County Resolutian No. $3-56 to read:
CTross Subscriber Revenues. Gross Subscriber Revenue means any revenue received by
the Grantee from the operation of the Cable System to provide Cable Services in the
Service Area, provided, however, that such phrase shall not include: (1) any tax, fee or
assessment of general applicability collected by the Grantee from Customers for pass-
through to a government agency, including the FCC User Fee; (2} unrecovered bad debt;
and (3) any PEG amounts recovered from Customers.
SLC."TION 4. Grantee shall provide Grantor with a contribution for a franchise fee audit
to be conducted during the term of this franchise. Grantee contribution shall be 50 percent
(50%) of the Grantor's actual, out-of-pocket costs not to exceed $5,000. Grantee shall provide
payment to Grantor thirty (30) days after receipt of an invoice.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 9`" day of
April 2002 by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None
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.UR JOSIASSEN. Chair
-- County Board of Supervisors
ATTEST:
LAWRENCE D. ODLE, Interim Chief Administrative Officer
and Clerk of the Board of Supervisors
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