ITEM 3.9 Franchise Extension AgreementTy OF
Ot�ezo
MINNESOTA <—Do
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Legal
Andy MacArthur, City Attorney December 11, 2017
PRESENTER(s)
REVIEWED BY: ITEM
Consent Agenda
City Administrator/Finance Director 3.9
Flaherty
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends that the Council approve the attached Franchise Extension Agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes.
No
BACKGROUND/JUSTIFICATION:
The City has contacted Charter regarding expiration of the current Franchise a number of times over the
preceding years. Charter has indicated that due to other matters they are behind on Franchise renewal
negotiations. The current Franchise between the City and Charter terminated on November 22, 2017.
In order to continue uninterrupted cable service to Otsego residents, Charter has proposed that the
current Franchise be extended under the same terms and conditions for one year in order to give the
parties time to negotiate. The City has not received substantial complaints regarding the current service.
The attached Franchise Extension Agreement has been reviewed and approved by Attorney Bob Vose of
Kennedy & Graven on behalf of the City.
SUPPORTING DOCUMENTS ATTACHED:
Franchise Extension Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve Franchise Extension Agreement Between the City of Otsego and Charter
Communications.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
FRANCHISE EXTENSION AGREEMENT
This Agreement is made by and between CC VIII Operating LLC d/b/a Charter
Communications ("Charter") and the City of Otsego ("City"), a Minnesota municipal
corporation.
WHEREAS, Charter currently holds a cable franchise with the City , granted by
Ordinance on October 28, 2002 ("Franchise"),; and
WHEREAS, Charter's Franchise with the City of Otsego expired on November 22,
2017; and
WHEREAS, Charter timely filed its request for renewal of the Franchise under Section
626 of the Cable Act and Charter and the City of Otsego have been engaged in informal renewal
negotiations in accordance with Section 626(h) of the Cable Act; and
WHEREAS, the parties continue to reserve all rights under the formal procedures of
Section 626 of the Cable Act and do not waive any rights related thereto; and
WHEREAS, it is in the public interest to extend the Current Franchise for an additional
period of time so that cable service to the public will not be interrupted.
NOW, THEREFORE, the parties hereto agree that:
1. the Franchise of Charter shall be extended until through December 31, 2018 and is
hereby amended accordingly.'
2. Execution of this Extension shall not constitute a waiver of the City of Otsego or
Charter's rights respecting the Franchise.
3. Charter shall not be required to send another request for renewal of the Franchise under
Section 626 as a result of this Extension.
4. This Agreement shall be effective upon passage by the City and acceptance by Charter.
PASSED AND APPROVED this _ day of
City of Otsego
M.
Name/Title: Mayor
- By:
Name/Title: City Administator
ACCEPTED this —day of
CC VIII Operating LLC
d/b/a Charter Communications
0-0
Name/Title: