Memo - Everst Minnesota, LLC and Everest Minnesota Licensee, LLC
FSOM MO~s & BARNETT
(TUE) 1. 23' 01 12:35/ST. 12:27/NO. 3760327917 P 1
MEMORANDUM
TO:
To Moss & Barnett Clients
Brian T. Groganv~ .
January 23, 2001
FROM:
DA TE;
Re:
Everest Minnesota, LLC and Everest Minnesota Licensee, LLC
On Monday, January 22, 2001 at 4:45 p.m. , received a telephone call from Ms. Jane
Bremer, legal counsel for Everest, regarding recent developments. In particular, Ms.
Bremer informed me that Everest has entered into discussions with Seren Innovations,
Inc., ("Seren") regarding a possible joint venture or merger of the companies. As you
may know, Seren is a wholly owned subsidiary of Xcel Energy, formerly Northern States
Power.
Seren currently operates a franchise in St. Cloud and other St. Cloud surrounding
communities. Seren also has franchise applications pending in certain Northern Metro
Area Communities. I represented the City of St. Cloud in its negotiations with Seren
and Seren has since constructed its cable system to compete head to head with Charter
Communications in that region. .
To the best of my knowledge, although Everest has been granted several franchises in
the Twin Cities Metro Area. Everest has yet to accept any franchises. This includes the
franchise which was granted by the Northwest Suburban Communications Commission.
the Northern Dakota County Cable Communications Commission, communities served
by the Southwest Suburban Cable Commission and other surrounding jurisdictions. Ms.
Bremer has requested, on behalf of Everest, ninety (90) days within which to determine
whether the discussions between Everest and Seren will move forward. While it is not
yet clear the impact such a transaction would have on the pending franchise
applications of Everest, it is clear that Everest wilf not be accepting franchises until this
matter is clarified.
I have requested from Ms. Bremer written clarification regarding this matter and will
forward it to your attention as soon as I receive it. I will also be reviewing state statutes
and the process in each of th.e communities I represent to determine the appropriate
course of action. It is important to note that in those communities where .
WideOpenWest has continued to pursue franchises those proceedings can continue
forward in accordance with state statutes and applicable franchising requirements.
As soon as I have additional information I will be in contact. If you should have any
immediate questions, please feel free to contact me.
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