Title
Approving the revised Public, Educational, and Government access funding formula for the Saint Paul Neighborhood Network, Comcast, and the City of Saint Paul.
Body
WHEREAS, the cable franchise agreement with Comcast of St. Paul, Inc., provides that the City may designate a non-profit entity, hereinafter referred to as the "Designated Entity," to manage public and educational access and community programming on the local cable television system; and
WHEREAS, a contract for services (Performance Agreement) between the City of Saint Paul and the Saint Paul Neighborhood Network, hereinafter referred to as "SPNN," which outlines the duties, responsibilities and obligations of the parties with respect to the management and provision of public and educational access and community programming by the Designated Entity, and which names SPNN as the Designated Entity, was approved by the City Council on December 17, 2014, Resolution No. 14-2158; and amended by Council Resolution No. 15-924; and
WHEREAS, the term of this Agreement is January 1, 2015 through December 31, 2015; and
WHEREAS, the City Council on March 11, 2015 approved the terms of an extended franchise agreement granted to Comcast of St. Paul, Inc., Council Ordinance No. 15-10, which revised, inter alia, the method for calculation of funds for City and community access PEG programming, including services provided by the Designated Entity, from a lump sum basis to a formula based on 2.5% of Comcast's gross revenues; and
WHEREAS, this revision requires a resolution from the City Council pursuant to Section 304(a)(2) of the Cable Communications Franchise.
NOW, THEREFORE, BE IT RESOLVED:
1. That Comcast shall collect 2.5% of gross revenues as PEG fees and pay this amount on a quarterly basis as required by franchise section 304(a)(1).
2. That Comcast shall remit to the City the sum of $25,000.00 per quarter for the city's PEG expenses.
3. That Comcast shall retain the sum of $21,250.00 per quarter from the total amount of PEG fees collected, to be used for City capital expenses incurred for MetroE services, pursuant to the Service Agreement between the City and Comcast.
4. For 2015 only, the amount withheld for the city, $185,000 total, be taken out in equal amounts from the payments in the last three quarters of the year.
5. That Comcast shall remit any and all remaining funds from the total amount of PEG fees collected to the Designated Entity, SPNN, to be used as permitted by the valid and binding contract between Comcast and SPNN, as the maximum limit of offsets against payments required under Section 304(a)(3).
This resolution shall remain binding upon the entities named herein unless modified or terminated by resolution of this Council.