Title
Approval of a Resolution Authorizing an Interlocal Agreement Between the Cities of Olympia, Lacey and Tumwater and Thurston County for Collaboration on Request for Proposals for Public, Education, and Government (PEG) Services
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve the Resolution authorizing an Interlocal Agreement between the cities of Olympia, Lacey and Tumwater and Thurston County for collaboration on Request for Proposals for Public, Education, and Government (PEG) Services.
Report
Issue:
Whether to approve the Resolution authorizing an Interlocal Agreement between the cities of Olympia, Lacey and Tumwater and Thurston County for collaboration on Request for Proposals for Public, Education, and Government (PEG) Services.
Staff Contact:
Kellie Purce Braseth, Strategic Communications Director, City Manager’s Office, 360.753.8361
Presenter(s):
None - Consent Calendar Item.
Background and Analysis:
In February 2021, the City Council approved a 10-year cable franchise agreement between the City of Olympia and Comcast Cable Communications Management, LLC. The cable franchise agreement is for non-exclusive use of city rights-of-way to operate and maintain a cable communication system in Olympia.
There are legal limitations related to cable franchising. Specifically, the cable franchise can only address the provision of cable (video) service in Olympia. Federal law limits negotiations to public, educational and governmental (PEG) access channels, local control of City rights-of-ways, and other Comcast compliance obligations with the franchise, particularly its financial obligations. Federal and state law prohibits the City from collecting franchise fees on Comcast’s non-cable service revenue, such as telephone services and broadband internet.
The Interlocal Agreement would allow the jurisdictions to make the most efficient use of their resources by collaborating to solicit request for proposals and enter into separate contracts with a designated service provider or service providers to manage public, education, and government (PEG) access funds and operate PEG access channels, facilities, and equipment, and provide noncommercial PEG access services.
Noncommercial PEG access services include public access programming; education access programming; and government access programming; and cablecasting public, educational and governmental programming on access channels.
The City of Lacey shall serve as the lead agency and will collect submitted requests for proposals and coordinate the review of submitted requests for proposals with each party to this agreement.
Neighborhood/Community Interests (if known):
Members of the community are impacted daily by the need for and use of cable service in their homes and businesses.
Options:
1. Approve the Resolution authorizing an Interlocal Agreement between the Cities of Olympia, Lacey and Tumwater and Thurston County for collaboration on Request for Proposals for Public, Education, and Government (PEG) Services.
2. Modify the Resolution and/or the Interlocal Agreement and approve at a later date.
3. Do not approve the Resolution authorizing an Interlocal Agreement between the Cities of Olympia, Lacey and Tumwater and Thurston County for collaboration on Request for Proposals for Public, Education, and Government (PEG) Services.
Financial Impact:
There is no common budget for this ILA, and no payments will be made between jurisdictions. This agreement has no provisions for personal or real property is to be jointly acquired or held.
Comcast pays a franchise fee to the City of Olympia for the use of public property. Federal law caps the maximum amount at 5% of Comcast’s gross revenues (approximately $300,000 annually) from and related to the provision of cable and video services.
PEG fees charged to cable subscribers are remitted to the City and may be used for capital expenses related to the cable-delivery of Public, Education, and Government programming. The PEG fee is .30 per subscriber per month (approximately $45,000 annually). The City reserves the option to increase the fee, as needed, for capital improvements.
Attachments:
Resolution
Agreement