HomeMy WebLinkAboutResolution - 2012-58 - Granting Comcast a Franchise Extention to July 31, 2012 - 03/20/2012 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2012-58
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,
MINNESOTA GRANTING COMCAST OF ARIZANSAS 1 FLORIDA 1 LOUISIANA 1
MINNESOTA 1 MISSISSIPPI 1 TENNESSEE,INC.
A FRANCHISE EXTENSION TO JULY 31,2012
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, the City adopted Resolution No, 2011-93 on November 15, 2011 extending
the term of the Franchise until April 16,2012; and
WHEREAS, Comcast executed said Resolution No. 2011-93 and agreed to continue
complying with the Franchise, as amended by the Resolution; 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 April 17, 2012 to July 31,
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
April 17,2012 through and including July 31, 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.
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) Comeast's acceptance of this
Resolution.
ADOPTED by the Eden Prairie City Council on March 20, 2012.
yr ukeftw,7 or
ATTEST: SEAL
Ka leen Porta, City Clerk