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Resolution 8121 <br />Page 2 <br />WHEREAS, Comcast and the NSCC have not been able to agree on the terms a renewal <br />franchise for the City under the informal franchise renewal process described in 47 U.S.C. § <br />546(h); and <br />WHEREAS, Comcast and the NSCC are currently following the formal franchise renewal <br />process set forth in 47 U.S.C. § 546(a) -(g); and <br />WHEREAS, to enable the NSCC and Comcast to conduct and complete the formal <br />renewal process, as necessary, in a fair and efficient manner that comports with applicable law, <br />while eliminating any uncertainty that could possibly arise if the Franchise were to expire during <br />the pendency of formal renewal proceedings, the parties believe it is reasonable, appropriate and in <br />the public interest to extend the term of the Franchise; and <br />WHEREAS, the NSCC and Comcast believe that a Franchise extension to November 23, <br />2014, will initially be sufficient to provide the time needed to complete the formal franchise <br />renewal process, or to conclude that additional time will be needed. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF MOUNDS VIEW, MINNESOTA, THAT: <br />1. The term of the Franchise held by Comcast of Minnesota, Inc. is hereby extended until <br />November 23, 2014, unless sooner revoked or terminated. All obligations, conditions, <br />commitments, warranties and requirements set forth in the Franchise and in the July 15, 2002, <br />Memorandum of Understanding, the June 5, 2009, Settlement Agreement, and the March 1, 2012, <br />Settlement Agreement shall continue and remain in full force and effect during the term of the <br />extension; and <br />2. This extension shall not constitute a waiver of any rights, remedies or defenses the City, <br />Comcast and the NSCC may have under applicable laws and regulations. The parties specifically <br />reserve all rights remedies and defenses they have under the renewal procedures set forth in 47 <br />U.S.C. § 546; and <br />3. Nothing in this Resolution precludes Comcast, the City and the NSCC from agreeing to <br />additional Franchise extensions; and <br />4. This Resolution shall not be interpreted to prevent Comcast, the City and the NSCC from <br />utilizing the informal franchise renewal process specified in 47 U.S.C. § 546(h), and/or conducting <br />informal franchise renewal negotiations simultaneously with the formal franchise renewal process; <br />and <br />5. Comcast and the NSCC, on the City's behalf, will jointly determine the process for <br />selecting an administrative law judge, if necessary; and <br />6. This Resolution shall be effective immediately upon its adoption. <br />