HomeMy WebLinkAboutOrdinance-2007-1402
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ADAMS
Council Bill No. 23
Ordinance No. 1402
Series of 2007
TITLE: AN ORDINANCE AMENDING THE REQUIREMENTS FOR
ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION,
REVIEW AND EVALUATION PROCESS IN CONNECTION WITH
ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO
976.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS
WHEREAS, On December 20, 2006, the Federal Communications Commission
("FCC") adopted a new rule, set forth in a Report and Order and Further Notice of
Proposed Rulemaking that was released March 5, 2007, that among other things,
provides a separate, nonexclusive process for the issuance of cable franchises for
areas currently served by another cable operator (the "Competitive Franchise
Application Rule" or "CFAR"); and
WHEREAS, the City has adopted Ordinance No. 1393, codified at Article 2 of
Chapter 23 of the Wheat Ridge Code of Laws (the "Code"), providing requirements for
applications for competitive cable franchises, consistent with the CFAR; and
WHEREAS, a numbering error has been found in Section 1 of the Ordinance,
codified at Section 23-2.B of the code of Laws, which leaves doubt regarding the
applicable submission requirements for a valid franchise application; and
WHEREAS, this ordinance is needed to correct the error.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. Code Se.ction 23-2, titled "Instructions and Definitions," subsection
B, is amended to read in its entirety as follows:
B. The City shall accept and review only those applications that
include complete responses to every requirement of Code Sections 23-2 through 23-7,
inclusive. Submission of an application that does not include the requisite information
set forth in Code Sections 23-2 through 23-7, inclusive and the application fee shall not
commence the time period for granting or denying the application set forth in 47 C.F.R.
976.41 (d). The Applicant shall submit additional or updated information as necessary to
ensure the requisite information provided is complete and accurate throughout the City's
review of the application.
Section 2. Severabilitv: Conflictina Ordinances ReDealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to
o on this 2yth day of August, 2007, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for September 10, 2007, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 , this 10th day of Sentember ,2007.
SIGNED by the Mayor on this 11 th day of September
,2007.
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Michael Snow, City Clerk
A~S To Form
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GeraTa E: Dahi, City AttOrney
First Publication: August 30, 2007
Second Publication: September 13, 2007
Wheat Ridge Transcript
Effective Date: September 28, 2007
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