Agenda Packets - 1996/09/23 - Laserfiche WebLink

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Thomas D. Creighton, Esq. May 13, 1996 Page 2 of Continental Cablevision to U.S. West, Inc. The Applicants have agreed to waive and extend any state and federal statutory time frames to the following extent: The various client governments shall have until September 30, 1996 to act upon the two Form 394 Applications except that, with respect to the Continental/U.S. West Form 394 Application, if closing of that transaction does not occur on October 1, 1996, such deadline shall be extended until the date of closing of that transaction but in no event, later than October 18, 1996. If any of the Franchising Authorities fail to render a final decision on any of the Form 394 Applications by the deadlines set forth above, the transfer consent shall be deemed granted. In addition to the foregoing, the various commissions shall present their final recommendation to their member cities no later than August 22, 1996 except that the North Suburban Cable Communications Commission shall have until September 5, 1996, to present its recommendation to its member cities. • The Applicants agree to the above-described review process and agree that they will not assert any rights under Minn. Stat. § 238.083, subd. 2-4 which would require any shorter time frames, special hearings, or special findings, related to the review process or schedule. • The parties understand that any consent to the change of control arising out of the Continental/U.S. West transaction will be conditioned upon demonstration by the companies that they have obtained any necessary waivers or other such authorizations required to allow U.S. West to acquire and own cable television systems within the U S WEST telephone service region. • Up to a maximum amount of$100,000, the applicants agree to reimburse the various client governments for actual, reasonable consultant and attorneys fees incurred by such governments in reviewing and acting upon all pending Form 394 Applications and related issues. As we have discussed, this amount is inclusive of the reimbursement amount and agreement set forth in Kevin Griffin's letter to you dated January 29, 1996. The Applicants will allocate payment of these fees amongst themselves. The Applicants reserve any rights of the cable system it may have to recoup such reimbursement amounts from cable television subscribers of the system over a 12-month period beginning with the commencement of such recoupment. S