Comcast Franchise Agreement Template – October 19, 2010
This Template is accompanied by Drafters’ Notes. Please consult the Notes as you review
the Template.
CABLE TELEVISION FRANCHISE AGREEMENT
BY AND BETWEEN
The
CITY/COUNTY/VILLAGE OF ______________________
And
COMCAST OF (Insert Legal Entity)
This Draft Renewal Franchise Agreement is the result of discussions between the
Metropolitan Mayors Caucus and Comcast, and is being submitted for discussion
purposes under the informal process pursuant to 47 USC 546 (h).
This Franchise Agreement (hereinafter, the “Agreement” or “Franchise Agreement”) is
made between the City/County/Village of ______________, Illinois (hereinafter, the
“City/County/Village”) and ______________, (hereinafter, “Grantee”) this____ day of
_________, ______ (the “Effective Date”).
The City/County/Village, having determined that the financial, legal, and technical
abilities of the Grantee are reasonably sufficient to provide the services, facilities, and equipment
necessary to meet the future cable-related needs of the community, desires to enter into this
Franchise Agreement with the Grantee for the construction, operation and maintenance of a
Cable System on the terms and conditions set forth herein.
[Non-Home Rule]This Agreement is entered into by and between the parties under the
authority of and shall be governed by the Cable Act, and the Illinois Municipal/Counties Code,
as amended from time to time; provided that any provisions of the Illinois Municipal/Counties
Code that are inconsistent with the Cable Act shall be deemed to be preempted and superseded.
[Home Rule]This Agreement is entered into by and between the parties under the
authority of the Cable Act, the Illinois Constitution of 1970, including the City/County/Village’s
home rule powers, and the Illinois Municipal/Counties Code, as amended from time to time, and
shall be governed by the Cable Act and the Illinois Municipal/Counties Code, as amended from
time to time; provided that any provisions of the Illinois Municipal/Counties Code that are
inconsistent with the Cable Act shall be deemed to be preempted and superseded.
SECTION 1: Definition of Terms
For the purpose of this Franchise Agreement, capitalized terms, phrases, words, and
abbreviations shall have the meanings ascribed to them in the Cable Act, unless otherwise
defined herein.
"Cable Act" or "Act" means the Cable Communications Policy Act of 1984, as amended
by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications
Act of 1996, 47 U.S.C. §§ 521 et seq., as the same may be amended from time to time.