19980707 1998-20ORDINANCE NO: 1998-20
UNCODIFIED ORDINANCE EXTENDING CABLE TELEVISION FRANCHISE
AN UNCODIFIED ORDINANCE TO EXTEND FOR
FIVE MONTHS UNTIL DECEMBER 12, 1998, THE
CABLE TELEVISION FRANCHISE PREVIOUSLY
AWARDED TO MEDIA GENERAL CABLE OF
FAIRFAX COUNTY, INC. BY ORDINANCE NO. 1983-
22, ON JUNE 14, 1983, AS LISTED IN APPENDIX A OF
THE CODE OF THE CITY OF FAIRFAX
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that the following
uncodified ordinance is adopted as follows:
Whereas, the City Council of the City of Fairfax, Virginia ("Council") has granted a cable
Ielevision franchise ("Franchise") to Media General Cable of Fairfax County, Inc. ("Media General Cable")
to erect, construct, operate and maintain a cable television system in the City of Fairfax ("City") pursuant to
Franchise Agreement between the City and Media General Cable referenced in Ordinance No. 1983-22,
14, 1983, as listed in Appendix A to the code of the City of Fairfax (collectively referred to as the
"Franchise Documents"); and
Whereas, the Council and Media General Cable (collectively referred to as "Parties") currently are
the renewal of the existing Franchise; and
Whereas, the Parties have agreed to an extension of the current Franchise by five months in order to
additional time for the Parties to complete the renewal process and to take such other actions as may
to resolve the issues related to franchise renewal; and
Whereas, Media General Cable and Media General, Incorporated, as the guarantor of the Franchise,
;ented to the terms of this extension as evidenced by their written acceptance of this extension
in accordance with the third enactment clause of this Ordinance.
NOW, THEREFORE, in consideration of the promises and undertakings herein, the receipt and
of which are hereby acknowledged, be it ordained that:
The Franchise awarded to Media General Cable which is scheduled to expire on July 12, 1998, is
amended to extend the expiration date from July 12, 1998, to December 12, 1998, and the Franchise
ts are hereby amended, mutatis mutandis, to extend the expiration date of the Franchise awarded to
General Cable from July 12, 1998, to December 12, 1998.
l(a). During the period from July 12, 1998, through December 12, 1998, all other terms and conditions
let forth in the Franchise Documents shall continue in full force and effect.
l(b). This extension shall be without prejudice to any rights of either party under the federal Cable
cations Policy Act of 1998, as amended, and codified at 47 U.S.C. § 521 et seq. For example, and
way of illustration and not limitation, any rights Media General Cable may have already asserted
under 47 U.S.C. § 546 (a) need not be asserted again and are not affected by this extension.
this extension shall not be read to give Media General Cable additional rights or opportunities to
the provisions of 47 U.S.C. § 546 (a)-(g), or to require the City to reconduct heatings or other
taken in conjunction with any renewal proceedings under the current Franchise. No claim
either Party may have against the other shall be released or otherwise affected by this extension.
2. This Ordinance is expressly conditioned upon the timely written acceptance of this extension of the
by Media General Cable and Media General, Incorporated, as Guarantor of the Franchise. Failure
provide timely written acceptance in the manner described below shall render this Ordinance null and
3. This Ordinance shall become effective upon the timely delivery to the City Clerk of a written
this extension of the Franchise by Media General CaNe and Media General, Incorporated, as
of the Franchise. The written acceptance required by this enactment clause shall be received by
City Clerk no later the July 12, 1998.
1998-20
-2
This ordinance shall become effective as provided by law.
June 9,1998
PUBLIC HEARING: July 7, 1998
ENACTED: July 7, 1998
Vote
T. Coughlan
J. Greenfield
R. Lederer
C. Petersen
G. Rasmussen
S. Silverthome
aye
..aye
aye
aye
aye
aye
ATTEST:
Acting City Clerk0
MAYOR