|
RESOLUTION NO.
<br /> 13-
<br /> STATE OF MINNESOTA
<br /> COUNTY OF RAMSEY
<br /> CITY OF NEW BRIGHTON
<br /> A RESOLUTION EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE
<br /> ORDINANCE AND AGREEMENT HELD BY COMCAST OF MINNESOTA,INC.
<br /> WHEREAS,CITY OF NEW BRIGHTON("City")enacted an ordinance and entered into a cable television
<br /> franchise agreement(collectively,the"Franchise")with MediaOne North Central Communications Corp.
<br /> ("MediaOne"),which became effective October 1, 1998,to provide cable television service within the territorial
<br /> limits of the City;and
<br /> WHEREAS,as a result of several transfers of the Franchise, Comcast of Minnesota,Inc. ("Comcast")currently
<br /> holds the Franchise;and
<br /> WHEREAS,Section 626(a)(1)of the Cable Communications Policy Act of 1984,as amended(the"Cable Act"),
<br /> 47 U.S.C. § 546(a)(1),provides that if a written renewal request is submitted by a cable operator during the 6-
<br /> month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to
<br /> franchise expiration,a franchising authority shall,within six months of the request,commence formal renewal
<br /> proceedings to identify the future cable-related community needs and interests,and to review the performance of
<br /> the cable operator under its franchise during the then current franchise term;and
<br /> WHEREAS,the Franchise is scheduled to expire on October 1,2013,unless sooner terminated or extended;and
<br /> WHEREAS,by letter dated October 11,2010,from Comcast to the City,Comcast invoked the formal renewal
<br /> procedures set forth in Section 626 of the Cable Act,47 U.S.C. § 546; and
<br /> WHEREAS,the City has delegated to the North Suburban Communications Commission(the"NSCC")the
<br /> powers necessary and appropriate to manage and conduct the formal franchise renewal process under 47 U.S.C. §
<br /> 546(a)-(g);and
<br /> WHEREAS,pursuant to Resolution No.2011-02,the NSCC,on behalf of the City,officially commenced formal
<br /> franchise renewal and ascertainment proceedings on April 7,2011;and
<br /> WHEREAS,Comcast and the NSCC have not been able to agree on the terms a renewal franchise for the City
<br /> under the informal franchise renewal process described in 47 U.S.C. § 546(h); and
<br /> WHEREAS,Comcast and the NSCC are currently following the formal franchise renewal process set forth in 47
<br /> U.S.C. § 546(a)-(g); and
<br /> WHEREAS,to enable the NSCC and Comcast to conduct and complete the formal renewal process,as necessary,
<br /> in a fair and efficient manner that comports with applicable law,while eliminating any uncertainty that could
<br /> possibly arise if the Franchise were to expire during the pendency of formal renewal proceedings,the parties
<br /> believe it is reasonable,appropriate and in the public interest to extend the term of the Franchise; and
<br /> WHEREAS,the NSCC and Comcast believe that a Franchise extension to November 23,2014,will initially be
<br /> sufficient to provide the time needed to complete the formal franchise renewal process,or to conclude that
<br /> additional time will be needed.
<br /> NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW
<br /> BRIGHTON,MINNESOTA,THAT:
<br /> 1. The term of the Franchise held by Comcast of Minnesota,Inc. is hereby extended until November 23,
<br /> 2014,unless sooner revoked or terminated. All obligations,conditions,commitments,warranties and
<br /> requirements set forth in the Franchise and in the July 15,2002,Memorandum of Understanding,the June 5,2009,
<br /> Settlement Agreement,and the March 1,2012, Settlement Agreement shall continue and remain in full force and
<br /> effect during the term of the extension;and
<br />
|