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REGULAR MEETING MAY 9, 2011
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<br />Whereas the IURC enforces the Federal Communications Commission’s (FCC’s)
<br />cable service standards at the state level and the State of Indiana operates and maintains a
<br />website which provides information provided by the Indiana Office of Utility Consumer
<br />Counselor; and
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<br />,
<br />Whereas the Common Council recognizes that cable companies who were
<br />operating under local franchise agreements already in effect on July 1, 2006 with cities,
<br />towns and counties, are permitted to continue to operate under those agreements and pay
<br />franchise fees to each community until such agreements expire, with IURC approval
<br />being required thereafter;
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<br />Whereas the Common Council further recognizes that the City of South Bend
<br />has a franchise agreement with Comcast which expires on December 31, 2013, and that
<br />pursuant to that agreement South Bend receives a sum equal to five percent (5%) of the
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<br />gross revenues with payments to the city being made semi-annually on April 15 and
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<br />October 15. The City of South Bend also receives franchise fees from AT & T which
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<br />began in 2009, as a result of IURC approval.
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<br /> Now, Therefore, be it resolved, by the Common Council of the City of South Bend,
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<br />Indiana as follows:
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<br />Section I. The South Bend Common Council stands ready to help support
<br />community-wide public access television, especially since such services have been
<br />curtailed since Comcast notified South Bend, Mishawaka, Plymouth, Goshen, Hammond,
<br />Merrillville and Portage that they would be closing production studios and playback
<br />facilities for public access television in December of 2007.
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<br />Section II. The South Bend Common Council supports public access television
<br />which would broadcast public, educational and governmental programming. The Council
<br />believes that this should be a project undertaken by South Bend, Mishawaka, and St.
<br />Joseph County with the cooperative support of the private sector for the betterment of
<br />providing information and services.
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<br />Section III. This Resolution shall be in full force and effect from and after its
<br />adoption by the Council and approval by the Mayor; with copies being sent thereafter to
<br />the administrative and legislative leaders in Mishawaka and St. Joseph County to help
<br />foster meaningful discussions.
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<br />s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large
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<br />s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large
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<br />s/Thomas LaFountain, 3 District s/Karen L. White, At-Large
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<br />s/Ann Puzzello, 4 District
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<br />s/Dr. David Varner, 5 District
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<br />s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney
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<br />Attest: Adopted this 9 day of May, 2011
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<br />s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend
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<br />Councilmember David Varner, 1306 Clayton Drive, South Bend, Indiana, made the
<br />presentation for this bill. Councilmember Varner advised that he did not have his reading
<br />glasses with him and asked City Clerk John Voorde to read the resolution in its entirety.
<br />Councilmember Varner advised that this bill is proposed to help initiate cooperative
<br />support among public and private leaders in South Bend, Mishawaka, and St. Joseph
<br />County on developing community access television services for our residents. He stated
<br />that in December of 2007, Comcast closed their production studios and playback
<br />facilities for public access television. However, Comcast continues to pay franchise fees
<br />to cities, towns and counties which had franchising agreements in effect before the
<br />Indiana state law changed the franchising authority form them to the Indiana Utility
<br />Regulatory Commission (IURC). He noted that the “City of South Bend 2010 City and
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