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Ord_1533
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Last modified
5/29/2018 12:58:51 PM
Creation date
5/25/2018 10:23:29 AM
Metadata
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
10/9/2017
Meeting Type
Regular
Ordinance #
1533
Ordinance Title
Cable Televsion Franchise Ordinance
Ordinance Date Passed
10/9/2017
Ordinance Date Published
10/17/2017
Publication Type
Ordinance
Publication Newspaper
Review
Publication Date (lst)
10/17/2017
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i <br /> WWIEREAS,Comcast denies it was in violation of the Member Cities' Franchises; <br /> and <br /> WITEREAS, the Commission extended the applicable cure period on multiple <br /> occasions to give Comcast sufficient time to cure the remaining violations specified in <br /> the Notice or to enter into.a settlement ofall outstanding issues;.and <br /> WHEREAS, Front Rank Consulting, Inc., the consultant retained to conduct the <br /> franchise fee review for the Review Period,has asserted that its final review report,when <br /> completed,would set forth certain underpaid franchise fee amounts,,and <br /> WHEREAS, the; Commission has incurred certain legal and consulting costs and <br /> expenses as a result of the franchise fee review and the franchise enforcement and <br /> settlement process,to date;and <br /> WHEREAS the Parties have resolved the remaining.issues set forth in the Notice <br /> for the Review Period,and wish to document the resolution-herein;and <br /> WHEREAS, the parties also wish to document their agreement to clarify certain <br /> terns of the current Franchises and to have such clarifications incorporated into the terms <br /> and conditions of any renewed cable service franchises awarded to Comcast so as to <br /> avoid future franchise fee review disputes and to expedite the Franchise renewal process. <br /> NOW,TfIERI FORE,in consideration of the promises,.undertakings and mutual <br /> covenants of the Parties and other goad and sufficient consideration,the receipt and <br /> sufficiency of'vihich are;hereby acknowledged,the Parties heresy agree to the terms <br /> belowz <br /> Agreement <br /> 1. Comcast voluntarily agrees to pay the Commission$41.568,00 within <br /> fifteen(1 5)days of the effective date-of this Agreement. This paytnent,which shall be in <br /> addition to alt franchise fees,financial grants and arty outer compensation paid or awed <br /> to the Member Cities and the Commission pursuant to the ranchises and associated <br /> documents,shall be used by the Commission and/or the Member Cities for cable-related <br /> purposes. Comcast shall not treat the payment trade under this paragraph as a franchise <br /> fee or a franchise-related cost for rate regulation purposes,and shall:not separately <br /> itemize the payment can subscribers'bills. In addition,C0txtcast shall at net time assert <br /> that the payment in this paragraph is operating support for the NSCC's PEG operations, <br /> such that it may be offset:from the franchise fee payments made to the Member Cities <br /> under the Fra,richises and any renewed cable service franchises. <br /> 2. Subject to the Commission's and orrrcast's adoption and execution of <br /> this Settlement Agreement, and to Cot tcast's complete and continuous compliance with. <br /> this Settlement Agreement,the parties release and forever discharge each other from all. <br /> claims set forth in the Notice and all franchise fee underpayment or franchise fee <br /> overpayment claims for the Review Period. The Commission hereby waives its right to <br /> 2 <br /> I <br />
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