HomeMy WebLinkAboutResolution - 2011-93 - Granting Comcast a Franchise Extension - 11/15/2011 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2011-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,
MINNESOTA GRANTING CONICAST OF ARKANSAS 1 FLORIDA 1 LOUISIANA 1
MINNESOTA 1 MISSISSIPPI 1 TENNESSEE,INC.
A FRANCHISE EXTENSION TO APRIL 16, 2012
WHEREAS,effective January 1,1997, the City of Eden Prairie, Minnesota("City") granted a
Cable Television Franchise Agreement ("Franchise")to Time Warner Cable, Inc.; and
WHEREAS, the Franchise is currently held by Comcast of Arkansas 1 Florida 1 Louisiana 1
Minnesota 1 Mississippi 1 Tennessee, Inc. ("Comcast"); and
WHEREAS,pursuant to Section 47 U.S.C. §546(a)Comcast provided notification to the City of
Comcast's intent to seek renewal of the Franchise; and
WHEREAS,pursuant to Section 47 U.S.C. § 546(a)the City properly commenced franchise
renewal proceedings; and
WHEREAS, the City and Comcast,pursuant to 47 U.S.C. §546(h), are currently conducting
informal franchise renewal negotiations in an attempt to reach a mutually acceptable terms for
franchise renewal; and
WHEREAS, the City and Comcast are interested in continuing informal renewal negotiations
and desire to extend the current Franchise term from January 2, 2012 to April 16, 2012; and
WHEREAS,both the City and Comcast desire to expressly reserve all of their respective
rights under state and federal law; and
WHEREAS,the City and Comcast continue to be governed by the formal renewal process
pursuant to 47 U.S.C. §546(a-g) and nothing contained herein shall in anyway diminish either
party's rights under the formal renewal process.
NOW,THEREFORE,the City Council of the City of Eden Prairie, Minnesota hereby resolves
as follows:
1. The Franchise is hereby amended by extending the term of the Franchise from
January 2, 2012 through and including April 16, 2012.
2. Except as specifically modified hereby, the Franchise shall remain in full force
and effect.
3. The City and Comcast hereby agree that neither waives any rights either may
have under the Franchise or applicable law.
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4. This Resolution shall become effective upon the occurrence of both of the
following conditions. (1) The Resolution being passed and adopted by the City
Council of the City of Eden Prairie; and (2)Comcast's acceptance of this
Resolution.
Adopted by the City Council of Eden Prairie, Minnesota, this 15tli day of November, 2011.
Rory Case, Acting Mayor
ATTEST:
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K leen Porta,City Clerk
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