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January 23, 2024 <br /> <br />24 - 10 - Adoption of an ordinance authorizing extension of the City’s Cable <br />Franchise Agreements with Cox and Verizon through December 10, 2024. <br /> <br />Background: <br /> <br /> Cable companies are required to enter into Cable Franchise Agreements to <br />provide service in localities. <br /> <br /> The permissible terms and conditions that localities can require in Cable Franchise <br />Agreements are strictly regulated and limited by Chapter 21 of Title 15.2 of the Virginia <br />Code. Nevertheless, there are certain terms that can be negotiated between a locality <br />and a provider. <br /> <br /> Portsmouth City Council granted a Cable Franchise Agreement to Cox <br />Communications with a commencement date of December 9, 2008. Portsmouth City <br />Council granted a Cable Franchise Agreement to Verizon with a commencement date of <br />January 13, 2009. <br /> <br /> Each Cable Franchise Agreement has a fifteen-year term, meaning that they <br />expired or will expire in December 2023 (Cox) and January 2024 (Verizon). <br /> <br />Discussion: <br /> <br /> To provide time to negotiate full fifteen-year extensions of the Franchise <br />Agreements with Cox and Verizon with terms and conditions benefiting the City to the <br />greatest extent possible, it is proposed to provide an interim extension to each existing <br />Agreement of approximately one year. <br /> <br /> The extension term for each Agreement would expire on December 10, 2024. <br /> <br /> It is anticipated that proposed full extensions of the Franchise Agreements will be <br />brought to City Council for consideration well before the December 10, 2024, expiration <br />date. <br /> <br /> Providing the interim one-year extensions through the ordinance proposed for <br />Council consideration will avoid interruption of service for Portsmouth citizens who are <br />Cox or Verizon cable customers. <br /> <br />Financial Impact: <br /> <br /> None. <br /> <br />Recommended Action: <br /> <br /> Adoption of the ordinance. <br /> <br />Next Steps Following Council Action: <br /> <br /> The City Manager will execute the extensions. <br /> <br /> City staff will negotiate full fifteen-year extensions of the Franchise Agreements <br />with Cox and Verizon for City Council consideration. <br /> <br />Motion by Ms. Lucas-Burke, and seconded by Mr. Tillage, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br />“ORDINANCE AUTHORIZING EXTENSION OF THE CITY’S CABLE FRANCHISE <br />AGREEMENTS WITH COX AND VERIZON THROUGH DECEMBER 10, 2024.” <br /> <br />Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover <br />Nays: None <br /> <br />24 - 11 - Adoption of an ordinance setting rates and terms for short-term dark <br />fiber leases. <br /> <br />Background: <br /> <br /> The City of Portsmouth has constructed a fiber optic network for the purpose of <br />providing improved and cheaper broadband communications capabilities to City <br />government and related facilities. <br /> <br /> The network has more fiber strands than the City requires to meet its <br />communications needs. <br /> <br /> There has been discussion about offering some of the excess strands for short- <br />term lease by third party internet or cable providers. <br /> <br /> <br /> <br /> <br />