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RESOLUTION AUTHORIZING THE EXECUTION OF A FRANCHISE RENEWAL AGREEMENT BETWEEN THE TOWN AND SPECTRUM NORTHEAST, LLC

↑Meetings/Resolutions/77-2022
Activeformal_resolutionongoingAuthorizes the Supervisor to execute the Franchise Renewal Agreement with Spectrum Northeast, LLC after findings that Spectrum substantially complied with its previous franchise, has the financial/legal/technical ability to provide services, and can meet future cable-related community needs.
First seen
2022-11-16
Latest event
2022-11-16
adopted
Expires
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Resolution text

RESOLVED

  1. Spectrum Northeast, LLC substantially complied with the material terms and conditions of its previous franchise and with applicable law
  2. Spectrum has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in the Agreement
  3. Spectrum can reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interest.
  4. The Supervisor of the Town is hereby authorized and directed to execute the Franchise Renewal Agreement between the Town and Spectrum Northeast, LLC, in substantially the same form on file with the Clerk, with such changes as shall be approved by the Supervisor and which do not affect the substance thereof
  5. The Supervisor of the Town, the Town Clerk and its officers, employees and agents are hereby authorized and directed for, and in the name and on behalf of the Town of Red Hook, to do all acts and things required or provided by the provisions of the Franchise Renewal Agreement
  6. This resolution shall take effect immediately.
Show preamble — 8 WHEREAS clauses
  • WHEREAS, an application has been duly made to the Town Board by Spectrum Northeast, LLC, an indirect subsidiary of Charter Communications, Inc. ("Spectrum"), for the approval of a Franchise Renewal Agreement
  • WHEREAS, the Town Board has the authority to grant franchises after holding a duly noticed public hearing, pursuant to Town Law § 64(7)
  • WHEREAS, New York Public Service Law § 219 grants the Town the authority to require a franchise of any cable television system that applies to provide service within the Town
  • WHEREAS, renewals of franchise agreements require the prior approval of the New York Public Service Commission, pursuant to New York Public Service Law § 222
  • WHEREAS, the Town may, after affording the public adequate notice and the opportunity to provide comment, grant or deny the application for franchise renewal pursuant to 16 NYCRR 891.2
  • WHEREAS, an initial agreement was entered into between the Town Board and TCI in 1991 for a term of 10 years, which expired in 2001
  • WHEREAS, a duly noticed public hearing was held on June 14, 2022 at 7:35 p.m. and continued to July 12, 2022 at 7:35 p.m., and continued to July 27, 2022 at 7:35 p.m., and continued to August 29, 2022 at 7:35 p.m., and continued to September 28, 2022 at 7:30 p.m., and continued to October 26, 2022 at 7:35 p.m., and further continued to November 16, 2022 at 7:50 p.m., during which all interested persons were given an opportunity to be heard
  • WHEREAS, the Town Board has determined that, pursuant to 6 NYCRR 617.5(c)(7), the proposed Franchise Renewal Agreement constitutes a Type II action as defined under the State Environmental Quality Review Act ("SEQRA")

Lifecycle (1 event)

2022-11-16adoptedvote: 4-0
Authorize execution of the Franchise Renewal Agreement with Spectrum Northeast, LLC for cable television service.
moved by McKeon · seconded by Testa
Show text snapshot for this event
Resolved
  1. Spectrum Northeast, LLC substantially complied with the material terms and conditions of its previous franchise and with applicable law
  2. Spectrum has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in the Agreement
  3. Spectrum can reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interest.
  4. The Supervisor of the Town is hereby authorized and directed to execute the Franchise Renewal Agreement between the Town and Spectrum Northeast, LLC, in substantially the same form on file with the Clerk, with such changes as shall be approved by the Supervisor and which do not affect the substance thereof
  5. The Supervisor of the Town, the Town Clerk and its officers, employees and agents are hereby authorized and directed for, and in the name and on behalf of the Town of Red Hook, to do all acts and things required or provided by the provisions of the Franchise Renewal Agreement
  6. This resolution shall take effect immediately.
Whereas
  • WHEREAS, an application has been duly made to the Town Board by Spectrum Northeast, LLC, an indirect subsidiary of Charter Communications, Inc. ("Spectrum"), for the approval of a Franchise Renewal Agreement
  • WHEREAS, the Town Board has the authority to grant franchises after holding a duly noticed public hearing, pursuant to Town Law § 64(7)
  • WHEREAS, New York Public Service Law § 219 grants the Town the authority to require a franchise of any cable television system that applies to provide service within the Town
  • WHEREAS, renewals of franchise agreements require the prior approval of the New York Public Service Commission, pursuant to New York Public Service Law § 222
  • WHEREAS, the Town may, after affording the public adequate notice and the opportunity to provide comment, grant or deny the application for franchise renewal pursuant to 16 NYCRR 891.2
  • WHEREAS, an initial agreement was entered into between the Town Board and TCI in 1991 for a term of 10 years, which expired in 2001
  • WHEREAS, a duly noticed public hearing was held on June 14, 2022 at 7:35 p.m. and continued to July 12, 2022 at 7:35 p.m., and continued to July 27, 2022 at 7:35 p.m., and continued to August 29, 2022 at 7:35 p.m., and continued to September 28, 2022 at 7:30 p.m., and continued to October 26, 2022 at 7:35 p.m., and further continued to November 16, 2022 at 7:50 p.m., during which all interested persons were given an opportunity to be heard
  • WHEREAS, the Town Board has determined that, pursuant to 6 NYCRR 617.5(c)(7), the proposed Franchise Renewal Agreement constitutes a Type II action as defined under the State Environmental Quality Review Act ("SEQRA")
Subject key: spectrum_franchise_renewal