Comcast Cable Franchise Renewal

Comcast currently provides cable television services throughout the City of Vancouver and the urban growth boundary of Clark County, serving approximately 83,000 subscribers, under franchise agreements with the City of Vancouver and Clark County. Other cities within the county, such as Battle Ground, Camas, Washougal, Ridgefield and La Center, have separate franchises. These franchise agreements allow Comcast to install cable and facilities in public rights-of-way in return for the payment of certain rental fees – known as franchise fees – and other benefits for the City of Vancouver, Clark County and residents. Under these agreements Vancouver and Clark County also impose various obligations on Comcast to protect the rights and interests of residents and cable subscribers. Comcast’s existing cable franchise agreements with Vancouver and Clark County were adopted in 1997 and expire in December 2012.

Cable Franchise Draft Needs Assessment Report

Adobe Reader Required, except as noted

Cable Franchise Draft Needs Assessment Report

CVTV Video On Demand, June 29, 2011

CBG Report on Cable Related Needs and Interests Presentation

Report On Cable Television-Related Needs And Interests Within the City of Vancouver and Clark County, Washington Franchise Area

Comcast Cable Service Issues As Identified By Comcast Subscribers & Non-Subscribers

PEG Access Equipment 10-year cost Projections

Microsoft Excel Required

Contact Us

For further information call the City/County Cable Television Office at (360) 487-8702 or send us an e-mail.

Cable Franchise Renewal Process

The cable franchise renewal process is significantly controlled by federal law. The Cable Communications Policy Act of 1984 (Wikisource) adopted procedures that cities and counties must follow to respond to a request for renewal by an existing cable operator such as Comcast. As part of the franchise renewal process, Vancouver and Clark County will determine community needs and interests with regard to the cable system, as well as examine technical and financial issues and requirements.

Due to the substantial capital investment required to construct a modern cable system, the Cable Act gives cable companies certain advantages in renewing their franchises. The law limits local jurisdiction ability to deny renewal of a cable franchise. Even where local jurisdictions can regulate, the federal government has established provisions that may limit local authority.

Federal law limits local authority

In many communities, people ask the following questions:

Why not put the franchise out for bid, like other contracts?

While a competitive cable provider may apply for a franchise at any time, local jurisdictions must go through the renewal process with each existing cable operator. Local jurisdictions cannot deny renewal to an existing cable operator except for specific criteria set forth in the Cable Act.

Why can’t we tell the operator which television programs to carry?

Cable operators have First Amendment protections so local jurisdictions have very limited authority to regulate the type of cable channels carried or the content of cable television programming Comcast makes available in our region.

Why can’t we tell the operator what rates to charge?

Rate review has been largely deregulated by federal law. Vancouver and Clark County have no authority to regulate any rates.  Due to a recent ruling by the FCC on a Petition of Effective Competition, Vancouver and Clark County lost the ability to even review rates for the Basic Service Tier.

Why can’t we regulate non-cable services?

Local jurisdictions do not have the authority to regulate non-cable services (e.g high-speed Internet access and telephone service) provided by Comcast. Federal law allows only for regulation of cable television services.

Obligations the City and County will seek during franchise renewal with Comcast

The Vancouver and Clark County franchise renewal process will examine the following questions:

1. Has the operator substantially complied with the terms of the existing franchise?
2. Has the quality of the cable service been reasonable in light of community needs, including signal quality, response to consumer complaints and billing processes?
3. Does the cable operator have the financial, legal and technical ability to provide cable services, facilities and equipment to its customers?
4. How does the cable operator propose to meet the future cable-related community needs and interests of Vancouver and Clark County residents, taking into account the cost of meeting such needs and interest?

More Information About the Franchise Agreement and Renewal Process

2010 Comcast Annual Report for Vancouver and Clark County

Additional Materials

General information on cable television regulation (Federal Communications Commission Fact Sheet) - http://www.fcc.gov/mb/facts/csgen.html

Public, Educational and Government Access channels (Federal Communications Commission Fact Sheet) - http://www.fcc.gov/mb/facts/pegfacts.html

Other Federal Communications Commission publications - http://www.fcc.gov/mb/facts/index.html#cable

Video Resources:

Telecommunications Commission Work Session on Cable Franchising (2-16-11):

Part 1: www.cityofvancouver.us/cvtv/cvtvarchive2/Telecommunications_Commission/2011_Events/02-16-11/2_Comcast_Cable_Franchise_Renewal_Process-Part_1.wmv

Part 2:www.cityofvancouver.us/cvtv/cvtvarchive2/Telecommunications_Commission/2011_Events/02-16-11/3_Comcast_Cable_Franchise_Renewal_Process-Part_2.wmv

Vancouver City Council/Clark County Board of Commissioners Work Session on Comcast Franchise Agreement Renewal (4-11-11) - www.cityofvancouver.us/cvtv/cvtvarchive2/City_Council_Workshops/2011_Events/April_2011/04-11-11/2_Comcast_Franchise_Agreement_Renewal.wmv

Comcast Franchise Agreement Renewal Update from the 5-4-11 City/County Telecommunications Commission, /cvtv/cvtvarchive2/Telecommunications_Commission/2011_Events/05-04-11/3_Comcast_Cable_Franchise_Renewal_Process.wmv