3.3. SR 10-11-1999
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Item #3.3
MEMORANDUM
TO:
Mayor & Council
FROM:
Sandy Peine, City Clerk
DATE:
October 11, 1999
SUBJECT: Extension of Cable Franchise
Attached is a resolution requesting an extension of the Cable Franchise
between the City of Elk River and Bresnan Telecommunications.
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The City of Elk River originally granted a cable television franchise to Rite
Cable Company. The Franchise was transferred to Bresnan in February
1999. The franchise expired on September 14, 1999, and Bresnan has
requested an extension to June 30, 2000, to renew the Franchise. The
purpose of the request is to allow negotiations to continue between Bresnan
and Tom Creighton, the attorney for SherburneIWright County Cable
Commission.
Mr. Creighton has reviewed this resolution and is recommending that the
Council approve the request for extension.
ACTION REQUESTED:
Council motion adopting the attached resolution authorizing an extension of
the Cable Franchise Agreement between the City of Elk River and Bresnan
Telecommunications to June 30, 2000.
S:\COUNCIL\franchis.doc
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13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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City of Elk River, Minnesota
Resolution No.
A RESOLUTION EXTENDING THE TERM OF THE CABLE FRANCmSE GRANTED
TO BRESNAN TELECOMMUNICATIONS COMPANY, LLC
WITNESSETH:
WHEREAS, the City of Elk River, Minnesota (the "City") originally granted a cable
television franchise (the "Franchise") to Rite Cable Company, Ltd.; and
WHEREAS, the Franchise was transferred to Bresnan Telecommunications Company,
LLC ("Bresnan") in February 1999; and
WHEREAS, the Franchise expired on September 14, 1999; and
WHEREAS, Bresnan has requested a renewal of the Franchise; and
WHEREAS, the City and Bresnan are currently negotiating the terms of a 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 V.S.C. ~ 546(h); and
WHEREAS, the City desires to extend the term of the Franchise from September 14,
1999, to June 30, 2000, so that negotiations may continue; and
WHEREAS, Bresnan has consented and agreed to the terms of this extension.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Elk River, Minnesota
that:
1. The term of the Franchis6 shall be extended from September 14, 1999, until June 30,
2000, unless sooner revoked, cancelled or terminated.
2. 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.
3.
This extension shall not constitute a waiver of any rights the City or Bresnan 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.
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4.
Nothing herein shall be interpreted to give Bresnan additional rights or opportunities to
trigger the provisions of 47 D.S.C. ~ 546(a)-(g), or to require the City or the
SherbumelWright Counties Cable Communications 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 Council this _ day of
, 1999.
Mayor
City Administrator
ATTEST:
Introduced
Adopted
Published
Effective
Accepted by Bresnan Telecommunications Company, LLC this _ day of
,1999:
By:
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