3.10. SR 06-07-2004TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Joan Schmidt, City Clerk
June 7, 2004
Request for Franchise Extension
Item #3. I0
On April 7, 2004, the Sherburne/Wright Counties Cable Commission retained Kennedy &
Graven for legal counsel after the Commission's prior legal counsel resigned. Attorney Bob
Vose has been working with Charter Communications to finalize a franchise renewal
process. The franchises issued by the Commission's member cities have been extended
through June 30, 2004. Charter Communications has requested that the member cities
extend the franchise(s) to December 31, 2004. Mr. Vose is recommending that the members
grant this final franchise extension period, which will allow the time to finalize negotiations,
document drafting and ordinance adoption by all of the members.
ACTION REQUESTED
Motion from Council to approve a resolution extending the term of the Cable Franchise
held by CC VIII Operating Company, LLC d/b/a Charter Communications until December
31, 2004.
RESOLUTION 04-
A RESOLUTION OF THE CITY OF ELK RIVER
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, Charter has requested renewal of the Franchise; and
WHEREAS, the Franchise was previously extended and expires on June 30, 2004; and
WHEREAS, the Authority and Charter continue to negotiate 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 December 31,
2004, so that negotiations may be completed; and
WHEREAS, Charter has consented and agreed to the terms of this extension.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ELK RIVER that:
The term of the Franchise shall be extended from June 30, 2004 until December 31,
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 regulations.
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
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reconduct hearings or other actions properly taken in conjunction with any renewal
proceedings under the current Franchise.
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 7th day of June 2004.
By
Title
Accepted by Charter this
__day of
,2004.
By
Title
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