3.2. SR 06-16-2003*Item 3.2.*
City
MEMORANDUM
TO:
Mayor and City Council
FROM:
Sandra Peine, City Clerk
DATE: June 16, 2003
SUBJECT: Cable Franchise Extension
Request:
Attached is a resolution extending the term of the City's cable franchise with Charter
Communications from June 30, 2003, to June 30, 2004.
Background:
The Sherbume/Wright County Cable Commission is negotiating a new cable franchise
with Charter Communications. The current franchise expires on June 30, 2003. The
Commission has asked the City to extend Charter's cable franchise for one year to allow
the parties to complete negotiations. Charter has agreed to the extension.
Action Requested:
Council motion adopting the attached resolution extending the term of the cable franchise
agreement with Charter Communications.
S:\COUNCIL\Sandy\Cable Franchise Extension.doc
CITY OF ELK RIVER
Resolution No.
A RESOLUTION EXTENDING THE TERM OF THE CABLE FRANCHISE
HELD BY CC VIII OPERATING COMPANY, LLC
D/B/A CHARTER COMMUNICATIONS
WHEREAS, the City of Elk River (the "Authority") granted a nonexclusive cable
television a franchise (the "Franchise") to CC VIII Operating Company, LLC d/b/a Charter
Communications ("Charter"); and
WHEREAS the Franchise expires on June 30, 2003; and
WHEREAS, Charter has requested renewal of the Franchise; and
WHEREAS, the Authority and Charter are currently negotiating the terms of renewal of
the Franchise pursuant to the informal renewal process set forth in Section 626(h) of the Cable
Communications Policy Act of 1984, as amended, 47 U.S.C. § 546(h); and
WHEREAS, the Authority desires to extend the term of the Franchise until June 30,
2004, so that negotiations may continue; and
WHEREAS, Charter has consented and agreed to the terms of this extension.
NOW, TI-iEREFORE, BE IT RESOLVED BY Tt~IE CITY OF ELK RI\. E~, Lt~,t~.
The term of the Franchise shall be extended from June 30, 2003 until June 30,
2004, unless sooner revoked, cancelled or terminated.
All terms and conditions of the Franchise, as may be amended from time to time,
shall remain in effect during the term of the extension.
This extension shall not constitute a waiver of any rights the Authority or Charter
may have under (i) the Franchise, as it may be amended from time to time; (ii) the
Cable Communications Policy Act of 1984, as amended by the Cable Television
Consumer Protection and Competition Act of 1992 and the Telecommunications
Act of 1996; (iii) Chapter 238 of the Minnesota Statutes, Minn. Stat. § 238.01, et.
seq.; or (iv) any other law or regulation.
Nothing herein shall be interpreted to give Charter additional rights or
opportunities to trigger the provisions of 47 U.S.C. § 546(a)-(g), or to require the
Sherburne/Wright County Cable Communication Commission to conduct or
reconduct hearings or other actions properly taken in conjunction with any
renewal proceedings under the current Franchise.
5. No claim that either party may have against the other shall be released or
otherwise affected by this extension.
PASSED AND ADOPTED by the City of Elk River this __ day of
,2003.
By.
Title
Accepted by Charter this __ day of
,2003:
By.
Title