Cable Compliance Committee Resolution


WHEREAS, on September 12, 1988, the City Council approved a 15 year franchise agreement with TCI of Reno, Inc.; and,

WHEREAS, on October 11, 1994, the City Council approved a 10 year franchise agreement with Continental Cablevision; and,

WHEREAS, on June 26, 2001, the City Council approved the transfer of the TCI and Continental franchise agreements to a subsidiary of Charter Communications; and,

WHEREAS, the City's cable franchise agreements with Charter Communications will expire on October 11, 2003 (TCI of Reno, Inc. franchise) and October 21, 2004 (Continental Cablevision franchise); and,

WHEREAS, the Cable Communications Policy Act ("Cable Act") establishes procedural and substantive rules for franchise renewal; and,

WHEREAS, under the Cable Act, a franchising authority may only deny a franchise renewal on the following four grounds:

Compliance test: the operator has not "substantially" complied with the "material terms" of the franchise or with" applicable" law. Cable Act section 626(c)(1)(A), 47 U.S.C. section 546(c)(1)(A); or,

Past performance test: the "quality of the operator's service" has not been "reasonable in light of community needs." Cable Act section 626(c)(1)(B), 47 U.S.C. section 546(c)(1)(B);

Abilities test: the operator lacks the "financial, legal and technical ability" to provide the proposed services, facilities and equipment. Cable Act section 626(c)(1)(C), 47 U.S.C. section 546(c)(1)(C); or,

Future needs and interests test: the operator's proposal does not meet the communities "future cable-related community needs and interests, taking into account the cost of meeting [those] needs and interests." Cable Act section 626(c)(1)(D), 47 U.S.C. section 546(c)(1)(D); and,

WHEREAS, on September 10, 2002, the City Council directed staff to take the necessary steps to form a citizens committee to act in an advisory capacity to the City Council and assist the City in monitoring and evaluating Charter Communication's performance under the franchise agreement.


   1. The words and phrases used in this Resolution have the meanings ascribed to them in NRS 711.030 to 711.074, inclusive, unless a different meaning clearly appears in the context.
   2. The City of Reno Citizens Cable Compliance Committee (the "Committee") is hereby established.
   3. The Committee shall have the following purposes and duties:

   (a) To monitor franchise contract compliance by each community antenna television ("CAT") company and to report to the City Council on the status of compliance at least once per year;
   (b) To review reports filed by each CAT company;
   (c) To assist in performing rate regulation as provided under Federal and State laws;
   (d) To receive and mediate unresolved customer service complaints; (UPDATE — Section 3d was deleted by the Reno City Council on April 23, 2003. In favor: Mayor Cashell and councilmembers Aiazzi, Dortch and Zadra. Councilwoman Sferrazza opposed. Councilmembers Harsh and Hascheff were absent.)
(e) To make recommendations to the City Council about the performance of each CAT provider so that the best information is available to the City in case of a minor or major default, and when preparing for a renewal of franchise, permit, license, contract, certificate, or agreement;
   (f) To encourage the widest and most innovative development of CAT service to the public working with CAT providers, any public or private group, organization, or person; and,
   (g) To perform such other tasks as the City Council might direct regarding CAT.

   4. The Committee shall consist of seven (7) voting members.
   5. The City Council shall first appoint five (5) members to serve a two-year term. The City Council shall also first appoint two members to serve a three-year term. Thereafter, all terms shall be for two (2) years. Members may serve no more than three (3) two-year terms.
   6. Members of the Committee shall serve without compensation.
    7. Any vacancy on the Committee shall be filled by appointment of the City Council. Appointments for vacancies for other than expiration of term shall be for the remainder of the term and shall be filled within 30 days of the vacancy.
   8. The Committee will elect one member as chairperson, one person as co-chairperson, and one recording secretary. Each of these offices will be for one year. The Committee shall hold a minimum of one (1) regular meeting each year. Special meetings may be called by the chairperson and any two committee members at any time.
   9. All meetings of the Committee, whether regular or special, shall be open to the public and the Committee shall comply with applicable provisions of the Open Meeting Law. A quorum shall be four (4) members on the Committee at the time of the meeting. Whenever a quorum shall attend any meeting of the Committee, the concurrence of a majority of the committee present at such meeting shall be necessary to constitute an act of the Committee.
   10. The Committee shall be supplied such support services by the City as may be deemed necessary by the City Manager. The City Manager or his designee shall be available for meetings as requested by the chairpersons. The request for support services must reasonably be related in need and necessity to a matter or matters formally scheduled for agenda consideration.
   11. The Committee shall establish bylaws for its proceedings and may adopt such rules and regulations as may be necessary for the exercise of the powers conferred and the performance of the duties hereby imposed upon it, subject to the approval of the City Council.
   12. Any member of the Committee may be removed from office by a majority vote of the Committee or the City Council for inefficiency, neglect of duty, or malfeasance of office or as provided by resolution concerning operation guidelines for use by all boards and commissions on file with the City Clerk.

Upon motion by Council member Rigdon, seconded by Council member Hascheff, the foregoing Resolution was passed and adopted this 22nd day of October, 2002, by the following vote:

AYES: Rigdon, Hascheff, Harsh, Doyle, Aiazzi, Griffin
NAYS: None
ABSENT: Sferrazza ABSTAIN: None

Approved this 22nd day of October, 2002.

ATTEST: Robert A. Cashell
/s/ Lynette R. Jones
City Clerk


Scope of CCCC Authority Under Current Law

CCCC Bylaws

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