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2013-031
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2013-031
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WHEREAS, Comcast and the NSCC have not been able to agree on the terms a <br /> renewal franchise for the City under the informal franchise renewal process described in <br /> 47 U.S.C. § 546(h); and <br /> WHEREAS, Comcast and the NSCC are currently following the formal franchise <br /> renewal process set forth in 47 U.S.C. § 546(a)-(g); and <br /> WHEREAS,to enable the NSCC and Comcast to conduct and complete the <br /> formal renewal process, as necessary, in a fair and efficient manner that comports with <br /> applicable law, while eliminating any uncertainty that could possibly arise if the <br /> Franchise were to expire during the pendency of formal renewal proceedings, the parties <br /> believe it is reasonable, appropriate and in the public interest to extend the term of the <br /> Franchise; and <br /> WHEREAS,the NSCC and Comcast believe that a Franchise extension to <br /> November 23, 2014, will initially be sufficient to provide the time needed to complete the <br /> formal franchise renewal process, or to conclude that additional time will be needed. <br /> NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF <br /> THE CITY OF ARDEN HILLS,MINNESOTA, THAT: <br /> 1. The term of the Franchise held by Comcast of Minnesota, Inc. is hereby extended <br /> until November 23, 2014, unless sooner revoked or terminated. All obligations, <br /> conditions, commitments, warranties and requirements set forth in the Franchise and in <br /> the July 15, 2002, Memorandum of Understanding, the June 5, 2009, Settlement <br /> Agreement, and the March 1, 2012, Settlement Agreement shall continue and remain in <br /> full force and effect during the term of the extension; and <br /> 2. This extension shall not constitute a waiver of any rights, remedies or defenses the <br /> City, Comcast and the NSCC may have under applicable laws and regulations. The <br /> parties specifically reserve all rights remedies and defenses they have under the renewal <br /> procedures set forth in 47 U.S.C. § 546; and <br /> 3. Nothing in this Resolution precludes Comcast,the City and the NSCC from <br /> agreeing to additional Franchise extensions; and <br /> 4. This Resolution shall not be interpreted to prevent Comcast, the City and the <br /> NSCC from utilizing the informal franchise renewal process specified in 47 U.S.C. <br /> § 546(h), and/or conducting informal franchise renewal negotiations simultaneously with <br /> the formal franchise renewal process; and <br /> 5. Comcast and the NSCC, on the City's behalf, will jointly determine the process <br /> for selecting an administrative law judge, if necessary; and <br /> 6. This Resolution shall be effective immediately upon its adoption. <br /> 2 <br />
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