Amendments to Council Bill 04-1504 - Comcast Cable
Franchise
Wed., Nov. 10, 2004 /public access news
Last-second
amendments to the cable contract made just before
Board of Estimates approved contract without
oportunity for public scrutiny:
FINAL Amendments to Council Bill 04-1504 -Comcast Cable Franchise
November 10, 2004
1. On page 35 in line 6, after City's insert "statutes, ordinances and"; and on the same page in line 7, after '("WBEs")' insert "as if it were a contractor receiving funding from the City provided that enforcement of this Section shall be exclusively by way of liquidated damages and in no event shall the City seek to suspend or rescind the Franchise for any violation of this Section."
2. On page 32 in line 33, after Capital Support for Equipment and Facilities for PEG Channels. insert "A" and on page 33 after line 7 insert the following:
"B. Upon the enactment of this Ordinance, the City agrees to select and convene a Board of Incorporators (the "Board") to work with the City to create a public access entity to be responsible for the management of public access cable television programming. This Board shall consist of thirteen members appointed by the Mayor. All members of the Board shall be City residents. It shall include at least three members of the public access broadcasting community, at least two members of the Cable Communications Advisory Commission, one representative from MOCC, one representative from the Department of Law, one representative from the Council selected by the President of the Council, and five additional members as determined by the Mayor.
The Board shall develop the structure of a tax-exempt organization under section 501 of the Internal Revenue Code (the "Corporation"). The Corporation shall be created by the City, and upon creation shall operate independently thereof. It shall generally serve as the public access entity for the citizens of Baltimore. It shall receive and disperse the public access portion of the PEG capital support provided for in this Section, as well as any grant for PEG purposes Franchisee may provide in connection with the grant of the Franchise, and such other funds (if any)made available to it from time to time by the City. The Corporation shall enter into an agreement (the "Operating Agreement") with the City in accordance with all standard City contractual requirements, including but not limited to provision for regular City audits, the use of generally accepted accounting and auditing principles, and an acceptable budgeting process prior to the receipt of funds from the City.
Subject to the conditions above, the City shall pay to the Corporation, or to any successor entity thereof, or to third parties on the behalf of the Corporation, one-third (1/3) of the monies collected as capital support for PEG purposes pursuant to this Section, if, as, and when collected by the City. These funds shall be extended only for capital costs for public access purposes. Prior to receipt of any funds for capital support, the Corporation (i) shall have entered into the Operating Agreement in accordance with this Section, and (ii) shall be and remain in good corporate standing with the State of Maryland. The Corporation shall apply all funds received from the City in accordance with the terms and conditions of this Franchise and the Operating Agreement."
FINAL Amendments to Council Bill 04-1504 -Comcast Cable Franchise
November 10, 2004
1. On page 35 in line 6, after City's insert "statutes, ordinances and"; and on the same page in line 7, after '("WBEs")' insert "as if it were a contractor receiving funding from the City provided that enforcement of this Section shall be exclusively by way of liquidated damages and in no event shall the City seek to suspend or rescind the Franchise for any violation of this Section."
2. On page 32 in line 33, after Capital Support for Equipment and Facilities for PEG Channels. insert "A" and on page 33 after line 7 insert the following:
"B. Upon the enactment of this Ordinance, the City agrees to select and convene a Board of Incorporators (the "Board") to work with the City to create a public access entity to be responsible for the management of public access cable television programming. This Board shall consist of thirteen members appointed by the Mayor. All members of the Board shall be City residents. It shall include at least three members of the public access broadcasting community, at least two members of the Cable Communications Advisory Commission, one representative from MOCC, one representative from the Department of Law, one representative from the Council selected by the President of the Council, and five additional members as determined by the Mayor.
The Board shall develop the structure of a tax-exempt organization under section 501 of the Internal Revenue Code (the "Corporation"). The Corporation shall be created by the City, and upon creation shall operate independently thereof. It shall generally serve as the public access entity for the citizens of Baltimore. It shall receive and disperse the public access portion of the PEG capital support provided for in this Section, as well as any grant for PEG purposes Franchisee may provide in connection with the grant of the Franchise, and such other funds (if any)made available to it from time to time by the City. The Corporation shall enter into an agreement (the "Operating Agreement") with the City in accordance with all standard City contractual requirements, including but not limited to provision for regular City audits, the use of generally accepted accounting and auditing principles, and an acceptable budgeting process prior to the receipt of funds from the City.
Subject to the conditions above, the City shall pay to the Corporation, or to any successor entity thereof, or to third parties on the behalf of the Corporation, one-third (1/3) of the monies collected as capital support for PEG purposes pursuant to this Section, if, as, and when collected by the City. These funds shall be extended only for capital costs for public access purposes. Prior to receipt of any funds for capital support, the Corporation (i) shall have entered into the Operating Agreement in accordance with this Section, and (ii) shall be and remain in good corporate standing with the State of Maryland. The Corporation shall apply all funds received from the City in accordance with the terms and conditions of this Franchise and the Operating Agreement."