Item Coversheet

7.A.


Shakopee City Council
AugustĀ 2, 2023


FROM:Chelsea Petersen, Assistant City Administrator
TO:Mayor and Council Members
Subject:
Ordinance Granting a Cable Television Franchise to Comcast
Policy/Action Requested:
Adopt Ordinance O2023-011 granting a cable television franchise to Comcast, and adopt Resolution R2023-086 authorizing the publication of the ordinance by title and summary. 
Recommendation:
Approval as requested. 
Discussion:

The City of Shakopee has a cable franchise agreement with Comcast, the current form of which has been in effect since July 20, 2004. That agreement had a term of 15 years, and negotiations for a renewal took place between October 2019 and May 2023 when a tentative agreement was reached. In situations like these where an agreement cannot be reached before the end of an agreement, state and federal law dictate that parties will continue operating under existing contract provisions until a new agreement can be reached. 

 

Throughout the negotiation process, representatives from Moss & Barnett worked with the city to identify goals and priorities for the contract renewal. The current draft of the contract both satisfies the city's desires and is agreeable to Comcast. Some of the key final results of the negotiation process are as follows:

 

  • Maintaining the 5% franchise fee as consideration for use of the city's right of way (maximum amount allowed under federal law).
  • Two dedicated channels will be provided to all subscribers in high-definition (HD): one for government, and one for education.
  • City will receive half of one percent (.5%) of gross revenues rather than a set PEG fee per subscriber, and the definition of 'gross revenues' has been updated to provide additional clarity for both parties. 
  • A 10-year contract term. 
  • Performance bond and security fund levels are maintained at the same levels as the existing agreement. 
Budget Impact:
No significant changes to revenues or expenditures are anticipated at this time. 
ATTACHMENTS:
Description
Executive Summary
Ordinance No. O2023-011
Resolution No. 2023-086