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HomeMy WebLinkAbout2001-025 Council ResolutionCouncil Member Carlson introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 01-25 A RESOLUTION EXTENDING THE TERM OF THE CABLE FRANCHISE GRANTED TO MEDIAONE NORTH CENTRAL COMMUNICATIONS CORP. DB /A AT &T BROADBAND WHEREAS, the member cities of the North Metro Telecommunications Commission (the "Authority ") granted nonexclusive cable television franchises (the "Franchises ") to MediaOne North Central Communications Corp. d/b /a AT &T Broadband; and WHEREAS, the Franchise was transferred to AT &T Broadband ( "AT &T ") effective June, 2000; and WHEREAS, unless sooner renewed or extended, the Franchise will expire on February 28, 2001; and WHEREAS, AT &T has requested a renewal of the Franchise; and WHEREAS, the Authority and AT &T 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 U.S.C. § 546(h); and WHEREAS, the Authority desires to extend the term of the Franchise from February 28, 2001, to May 28, 2001, so that negotiations may continue; and WHEREAS, AT &T has consented and agreed to the terms of this extension. NOW, THEREFORE, LET IT BE RESOLVED BY THE CITY OF LINO LAKES that: 1. The term of the Franchise shall be extended from February 28, 2001, until May 28, 2001, 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 Authority or MediaOne 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. • 4. Nothing herein shall be interpreted to give AT &T additional rights or opportunities to trigger the provisions of 47 U.S.C. § 546(a) -(g), or to require the North. Metro Telecommunications 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 Lino Lakes this 12th day of February, 2001. /Ltd' Ry- ` el Gaustad, CMC City Clerk J. B geson, Mayor The motion for adoption of the foregoing ordinance was duly seconded by Council Member, and upon vote being taken thereon, the following voted in favor thereof: Dalh All None Accepted by AT &T this day of , 2001: By: Title • AGENDA ITEM 5A STAFF MEMBER Daniel Tesch, Director of Administration DATE 12 February 2001 SUBJECT Term Extension for Cable Franchise Agreement. VOTE REQUIRED BACKGROUND The cable television franchise under which AT &T Broadband is currently operating will expire on 28 February 2001. While our negotiating team is making progress, the franchise document itself will not be completed by 28 February. Approval of the attached resolution will extend the franchise 90 days. I will present the new franchise agreement for your approval when negotiations are completed. OPTIONS 1. Approve the attached resolution extending the franchise agreement with AT &T Broadband. 2. Not approving the agreement would leave us without a contract with our cable TV provider. RECOMMENDATION One. •