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HomeMy WebLinkAbout2000-106 Council ResolutionCouncil Member Reiner t adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 00-106 A RESOLUTION EXTENDING THE TERM OF THE CABLE FRANCHISE GRANTED TO MEDIAONE NORTH CENTRAL COMMUNICATIONS CORP. DMA . 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, 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 November 20, 2000, to February 28, 2001, so that negotiations may continue; and that: 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 1. The term of the Franchise shall be extended from November 20, 2000, until February 28, 2001, unless sooner revoked, cancelled or terminated. 2. All terms and conditions of the Franchise, 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 Council of Lino Lakes, Minnesota this 13th day of November 2000. Jo J. Berges , Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member O'Donnell and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Carlson, Dahl, O'Donnell, Reinert he Following voted against same: none Viger, Deputy C rk pted by AT&T this day of , 2000: By: Title: