Ordinance No. 2025-15 Comcast Franchise Ordinance (Approved 062425)4912-5751-6607, v. 1
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ORDINANCE NO. 2025-15
AN ORDINANCE of the City of Bainbridge Island, Washington, granting
Comcast Cable Communications Management, LLC, a nonexclusive five-year
franchise to construct, maintain, operate, replace, and repair a cable
communications system in, upon, over, under, along, across, and through the
City’s public rights-of-way for the purpose of providing cable communications
services, providing for severability and establishing an effective date.
WHEREAS, the City of Bainbridge Island (“City”) is a franchising authority in
accordance with the Cable Communications Policy Act, 47 U.S.C. § 522(10); and
WHEREAS, RCW 35A.11.020 grants the City broad authority to regulate the use of the
public right-of-way and RCW 35A.47.040 authorizes the City “to grant nonexclusive franchises
for the use of public streets, bridges or other public ways, structures or places above or below the
surface of the ground for… poles, conduits, tunnels, towers and structures, pipes and wires and
appurtenances thereof for transmission and distribution of… signals or other methods of
communication; and
WHEREAS, Comcast Cable Communications Management, LLC (“Comcast”), is a
provider of cable communications, and
WHEREAS, Ordinance 2016-10 of the City of Bainbridge Island granted Comcast a
five-year franchise (“the prior franchise”) to operate its cable communications system in the
City’s public rights-of-way; and
WHEREAS, the prior franchise expired in 2021, but the City and Comcast have
continued to negotiate in good faith and have reached agreement on terms for a new franchise;
and
WHEREAS, the City has reviewed Grantee’s performance under the prior franchise and
the quality of service during the prior franchise term, has identified the future cable-related needs
and interests of the City and its citizens, has considered the financial, technical and legal
qualifications of Grantee, and has determined that Grantee’s plans for constructing, operating and
maintaining its Cable System are adequate, in a full public proceeding affording due process to
all parties; and
WHEREAS, the City has a legitimate and necessary regulatory role in ensuring the
availability of cable communications service, high technical capability and reliability of cable
systems in its jurisdiction, the availability of local programming (including Educational Access
and Governmental Access programming) and quality Customer service; and
WHEREAS, diversity in Cable Service and local and non-local programming is an
important policy goal and a franchisee’s Cable System should offer a wide range of
programming services; and
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WHEREAS, subscriber interests and competitive factors within the Cable Service
market should be an essential characteristic of a franchise to use the public right-of-way; and
WHEREAS, the City Council finds that it is in the public interest to grant a franchise to
Comcast to continue to operate and maintain its cable communications system in Bainbridge
Island’s public right-of-way and to provide cable communications services to Bainbridge Island
residents and businesses, and
WHEREAS, pursuant to RCW 35A.47.040, this franchise ordinance was introduced at
one Bainbridge Island council meeting and passed at a subsequent regular meeting occurring at
least five days after its introduction.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Grant of Franchise. A cable communications franchise is hereby granted to
Comcast under the terms and conditions set forth in Exhibit A attached hereto and incorporated
herein by reference. The franchise is granted for a period of five years from the effective date.
Section 2. Acceptance - Compliance with Franchise Terms. As a condition of the
franchise granted by this ordinance, Comcast shall provide its written and acknowledged
unconditional acceptance and promise to comply with all terms and conditions of Exhibit A. By
the adoption of this ordinance, the City of Bainbridge Island agrees to comply with all provisions
of the same.
Section 3. Insurance and Performance Bond. Comcast shall maintain the insurance
policy and provide the performance bond as required by Sections 5.2 and 5.3 of Exhibit A.
Section 4. Acceptance. The rights and privileges granted pursuant to this ordinance shall
not become effective under its terms and conditions are accepted by Comcast. Acceptance shall
be accompanied by the submission of a written instrument, executed and sworn to by a corporate
office of Comcast before a notary public, and filed with the City as provided in Section 19.16 of
Exhibit A within sixty (60) days after the effective date of this ordinance. Such instrument shall
evidence the unconditional acceptance of the terms hereof and a promise to comply with and
abide by the provisions, terms and conditions hereof.
Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 6. Effective Date. This ordinance shall take effect five (5) days from its passage
and publication as required by law.
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PASSED BY THE CITY COUNCIL this 24th day of June, 2025.
APPROVED BY THE MAYOR this 24th day of June, 2025
Ashley Mathews, Mayor
ATTEST/AUTHENTICATED:
Christine Brown, MMC, City Clerk
PASSED BY THE CITY COUNCIL: June 24, 2025
PUBLISHED: June 27, 2025
EFFECTIVE DATE: July 1, 2025