RES 13-059 Extending Cable Franchise Ordinance

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WHEREAS, Comcast and the NSCC are currently following the formal franchise renewal process set forth in 47 U.S.C. § 546(a) -(g); and WHEREAS, to enable the NSCC and Comcast to conduct and complete the formal renewal process, as necessary, in a fair and efficient manner that comports with applicable law, while eliminating any uncertainty that could possibly arise if the Franchise were to expire during the pendency of formal renewal proceedings, the parties believe it is reasonable, appropriate and in the public interest to extend the term of the Franchise; and WHEREAS, the NSCC and Comcast believe that a Franchise extension to November 23, 2014, will initially be sufficient to provide the time needed to complete the formal franchise renewal process, or to conclude that additional time will be needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. ANTHONY VILLAGE, MINNESOTA, THAT: 1. The term of the Franchise held by Comcast of Minnesota, Inc. is hereby extended until November 23, 2014, unless sooner revoked or terminated. All obligations, conditions, commitments, warranties and requirements set forth in the Franchise and in the July 15, 2002, Memorandum of Understanding, the June 5, 2009, Settlement Agreement, and the March 1, 2012, Settlement Agreement shall continue and remain in full force and effect during the term of the extension; and 2. This extension shall not constitute a waiver of any rights, remedies or defenses the City, Comcast and the NSCC may have under applicable laws and regulations. The parties specifically reserve all rights remedies and defenses they have under the renewal procedures set forth in 47 U.S.C. § 546; and 3. Nothing in this Resolution precludes Comcast, the City and the NSCC from agreeing to additional Franchise extensions; and 4. This Resolution shall not be interpreted to prevent Comcast, the City and the NSCC from utilizing the informal franchise renewal process specified in 47 U.S.C. § 546(h), and/or conducting informal franchise renewal negotiations simultaneously with the formal franchise renewal process; and 5. Comcast and the NSCC, on the City's behalf, will jointly determine the process for selecting an administrative law judge, if necessary; and 6. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED on this 23d day of July, 2013.