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RESOLUTION NO.
<br />13 -057
<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
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