4.04 4.4
AMEND\Amend 317 of 2022-Correct Term of Cable Agrmnt—9-26-2022
RESOLUTION AMENDING RESOLUTION NO.: 317,2022 TO CORRECT
TERM OF FRANCHISE AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND SPECTRUM NORTHEAST, LLC, AN INDIRECT
SUBSIDIARY OF CHARTER COMMUNICATIONS, INC.
RESOLUTION NO.: 92022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 317,2022 the Queensbury Town Board authorized the Cable
Television Franchise Renewal Agreement between Spectrum Northeast, LLC an indirect subsidiary
of Charter Communications, Inc., and the Town of Queensbury, and
WHEREAS, such Resolution incorrectly stated that the Agreement is for a fifteen (15) year
term instead of the correct term of eight (8)years and therefore, the Town Board wishes to amend
Resolution No. 317,2022 accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 317,2022
such that the Queensbury Town Board hereby grants the Cable Television Franchise of Spectrum
Northeast, LLC and the Town of Queensbury for eight (8) years commencing with the date of
approval by the Public Service Commission and expiring eight(8)years hence, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 317,2022 in all
other respects.
Duly adopted this 26t'day of September, 2022,by the following vote:
AYES
NOES
ABSENT:
M l
RESOLUTION AUTHORIZING RENEWAL OF
FRANCHISE AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND SPECTRUM NORTHEAST, LLC, AN INDIRECT SUBSIDIARY
OF CHARTER COMMUNICATIONS, INC.
RESOLUTION NO.: 317,2022
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Spectrum Northeast, LLC, an indirect subsidiary of Charter
Communications, Inc., a limited liability company organized and existing in good standing under
the laws of the State of Delaware and doing business at 20 Century Hill Drive, Latham, New
York 12110, has applied under the provisions of federal law to the Town of Queensbury for the
approval of a Renewal Agreement for Charter's cable television franchise for 15 years
commencing with the date of approval by the Public Service Commission, and
WHEREAS, the Town and Spectrum Northeast, LLC negotiated the terms of a 2022
Franchise Renewal Agreement and Spectrum Northeast, LLC presented the Town with a proposed
2022 Franchise Renewal Agreement which complies with New York State Public Service
Commission standards,and
WHEREAS, the 2022 Franchise Renewal Agreement would bring the Franchise into
conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as
amended, and certain court rulings, and
WHEREAS, the Town Board scheduled a Public Hearing concerning such proposed
Franchise Renewal Agreement, Notice of such Public Hearing was published in the Post Star
Newspaper on August 201' and September 2°d, 2022 and on Monday, September 121', 2022, the
Town Board duly held such public hearing and heard all interested persons, and
WHEREAS, the Town Board wishes to authorize such Franchise Renewal Agreement
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby finds that:
I Spectrum Northeast, LLC has substantially complied with the material terms and
conditions of its existing Franchise and applicable law;
2. Spectrum Northeast, LLC has the financial, legal and technical ability to provide
these services, facilities and equipment as set forth in its proposal;
3. Spectrum Northeast, LLC. can reasonably meet the future cable-related
community needs and interests, taking into account the cost of meeting such
needs and interests; and
BE,IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby grants the Cable Television
Franchise of Spectrum Northeast, LLC and the Town of Queensbury for fifteen (15) years
commencing with the date of approval by the Public Service Commission and expiring fifteen (15)
years hence, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes, directs and confirms
acceptance of the 2022 Franchise Renewal Agreement between the Town and Spectrum Northeast,
LLC substantially in the form presented at this meeting and authorizes and directs the Town
Supervisor to sign such Agreement and any other needed documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Town Counsel to take such other and further actions necessary to effectuate all
terms of this Resolution.
Duly adopted this 12''day of September, 2022 by the following vote:
AYES Mr. Strough,Mr. Metivier,Mr. Freer,Mr. Ferone
NOES None
ABSENT: Mr.McNulty
I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County, New York, do
hereby certify that I have compared the foregoing with the original resolution as listed above
adopted at a regular meeting of the Town Board of the Town of Queensbury held on the 12u'day of
September, 2022 at which a quorum was present and that the same is a correct transcript therefrom
and of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury,
this l4d'day of September, 2022.
r'
SEAL SIGNED:
aroline H. Barber,RMC
Town Clerk
Town of Queensbury