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515 Little Canada Road, Little Canada, MN 55117 -1600 <br />(612) 484 -2177 / FAX: (612) 484 -4538 <br />MEMORANDUM <br />TO: Mayor Fahey and Members of the City Council <br />FROM: Kathy Glanzer, Deputy Clerk <br />RE: Ordinance Extending Cable TV Franchise Term <br />MAYOR <br />Michael I. Fahey <br />COUNCIL <br />Beverly Scalze <br />Jim LaValle <br />Steve Morel= <br />Bob Pedersen <br />ADMINIS172ATOR <br />Joel R. Hanson <br />Attached are correspondence and an ordinance from Tom Creighton, attorney for the <br />Cable Commission, extending the cable franchise an additional 90 days. It is hoped that <br />negotiation of the franchise documents can be completed within that time frame. As you <br />are aware these negotiations have been slow given the transfer of ownership issue which <br />has been occurring simultaneously. <br />With regard to the transfer of ownership, the Cable Commission approved the transfer of <br />ownership of the cable franchise from U.S. West to Charter Communications at its <br />meeting last evening. Charter has satisfied all of the requirements that were imposed. <br />The individual cities will be asked to amend their franchise agreements once the closing <br />on the sale occurs. <br />At this point the issue of the sale of the system lies with U.S. West and Charter <br />Communications. Remember U.S. West has petitioned the FCC to extend the time period <br />that they can own the system. As I mentioned in an earlier memo, U.S. West would like <br />to spin off a new company which would become the owner of the system. U.S. West has <br />offered Charter $30 million in liquidated damages if they will withdraw from the <br />purchase agreement. The Cable Commission, Charter Communications, the Minnesota <br />Department of Public Service, and the Consumer Federation of America have made <br />filings with the FCC opposing this extension. <br />At this point staff's recommendation is that the Council adopt the ordinance extending <br />the current franchise for an additional 90 days. <br />Page 23 <br />