HomeMy WebLinkAboutRES 13-059 Extending Cable Franchise OrdinanceCITY OF ST ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION NO. 13-059
A RESOLUTION EXTENDING THE TERM OF THE CABLE TELEVISION
FRANCHISE ORDINANCE AND AGREEMENT HELD BY
COMCAST OF MINNESOTA, INC.
WHEREAS, St. Anthony Village ("City") enacted an ordinance and entered into
a cable television franchise agreement (collectively, the "Franchise") with MediaOne
North Central Communications Corp. ("MediaOne"), which became effective October 1,
1998, to provide cable television service within the territorial limits of the City; and
WHEREAS, as a result of several transfers of the Franchise, Comcast of
Minnesota, Inc. ("Comcast") currently holds the Franchise; and
WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984,
as amended (the "Cable Act'), 47 U.S.C. § 546(a)(1), provides that if a written renewal
request is submitted by a cable operator during the 6 -month period which begins with the
36th month before franchise expiration and ends with the 30th month prior to franchise
expiration, a franchising authority shall, within six months of the request, commence
formal renewal proceedings to identify the future cable -related community needs and
interests, and to review the performance of the cable operator under its franchise during
the then current franchise term; and
WHEREAS, the Franchise is scheduled to expire on October 1, 2013, unless
sooner terminated or extended; and
WHEREAS, by letter dated October 11, 2010, from Comcast to the City,
Comcast invoked the formal renewal procedures set forth in Section 626 of the Cable
Act, 47 U.S.C. § 546; and
WHEREAS, the City has delegated to the North Suburban Communications
Commission (the "NSCC") the powers necessary and appropriate to manage and conduct
the formal franchise renewal process under 47 U.S.C. § 546(a) -(g); and
WHEREAS, pursuant to Resolution No. 2011-02, the NSCC, on behalf of the
City, officially commenced formal franchise renewal and ascertainment proceedings on
April 7,2011; and
WHEREAS, Comcast and the NSCC have not been able to agree on the terms a
renewal franchise for the City under the informal franchise renewal process described in
47 U.S.C. § 546(h); and
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.
ST. ANTHONY VILLAGE, MINNESOTA
By:
Its: ayor
ATTEST:
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Its: City Manager V
COMCAST OF MINNESOTA, INC.
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