02-108 RESCITY OF ELK RIVER
Resolution No. 02-108
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 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,
2003, so that negotiations may continue; 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 until June 30, 2003, 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 Counties Cable Communication Commission to conduct or
reconduct hearings or other actions properly taken in conjunction with any
renewal proceedings under the current Franchise.
o
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 5] day of ,2002.
Accepted by Charter this __ day of__
.,2002:
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