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COX & OMAHA

Cox’s Franchise Agreement
To see what Omaha was originally supposed to get from Cox, go here:

http://www.ci.omaha.ne.us/cityclerk/pdf/Cox%20Cable%20TV%20Agreement.pdf


How It Is Supposed To Work
Cox was given its franchise in 1980, and a contract for 30 years. That contract is a huge document, too large to be reproduced here, but it is available in the city council, and can be accessed from Rod Austin, City Council Staff Assistant.

The company got a near monopoly in Omaha; although parts of the city are also served by Qwest, it is Cox that is the big player, and the exclusive cable service east of 72nd.

In theory, the contract did not leave Cox a complete free hand to do as it pleased. But in the time since 1980, Cox has actually done what it wanted whether it complied with its contract or not.

For instance, Cox’s contract promised the city free basic services, and a wide range of interactive services. Both of these promises went by the wayside, and the city officials cooperated, changing the contract to accommodate Cox. Their history regarding public access is similarly marked by huge promises made to get the franchise, which were later scaled back. Some of these modifications, such as Cox’s promise to operate three community centers for public access production – later changed to one – were approved by city officials.

Cox’s promise to provide 14 public access channels, however, was never modified. The city legal department has repeatedly confirmed that Cox still is obligated to this promise.

Cox and Qwest are managed by a committee, authorized by City Council, called the Cable Television Advisory Committee, CTAC. This committee is comprised of seven volunteers, one serving at the pleasure of each city councilman. They meet every second Monday, 4:00 pm., in the City Council Chambers.

CTAC is empowered by the Omaha City Code, Sec. 19.

CTAC, however, is “advisory” only. Although some members ask questions, they often remind anyone in the audience that they have no enforcement powers. As the Omaha City Code describes CTAC’s role, “Any decision of the committee shall be appealable to the city council.” CTAC is to “cooperate” with Cox, and “resolve” conflicts. Ultimately, it is city council that is authorized to enforce any action related to Cox.

Omaha’s deputy city attorney attends CTAC meetings. That department is authorized to enforce contracts with franchisees of the city, such as Cox, according to a January 9, 2006, memo on the subject [see memo, page 1, page 2].

“Enforcement would be through a multi-step process: (1) inform Cox that it is in breach of the cable television franchise agreement, (2) direct Cox to correct the deficiency, and (3) adopt a City Council resolution or ordinance declaring Cox is in breach and imposing penalties of either liquidated damages or termination of the franchise.”