CR 12-029 Resolution Extending Cable Franchise AgreementApril 3, 2012 M Council Report 2012-029
RESOLUTION EXTENDING
CABLE FRANCHISE AGREEMENT
Proposed Action
Staff recommends adoption of the following motion: Move to Approve Resolution 2012-018
Extending the Current Cable Franchise with Comcast.
This motion extends the term of the Franchise from April 17, 2012 through and including July 31,
2012.
Overview
The Southwest Suburban Cable Commission ("Commission"), of which Hopkins is a member, and
Comcast have been in negotiations for a year regarding the renewal of the Cable Franchise which had
been scheduled to expire on January 1, 2012. In November 2011 the Commission cities, in an effort to
provide additional time to the negotiating teams, extended the term of the Franchise through April 17,
2012. The attached Extension Resolution is needed to provide additional time to complete drafting a
new cable franchise.
Throughout 2011 Comcast and the Commission have been engaged in negotiations to reach agreement
on a new franchise. While the general provisions of the model franchise have been discussed, the
focus of the negotiations have been on public,educational and governmental ("PEG") issues. The PEG
issues include: 1) channel capacity; 2) connectivity between schools and City facilities; 3)
equipment/studio needs; and 4) PEG capital funding.
The parties most recently exchanged written proposals and agreement appears to be close on the key
financial provisions. While a number of open issues must still be resolved, the Commission now
anticipates that franchise renewal negotiations may be complete in May 2012.
The Commission's negotiating Team recommends that each member city adopt the attached Extension
Resolution granting Comcast the right to continue operating the cable system pursuant to the existing
Franchise through July 31, 2012.
Supporting Information
• Resolution 2012-018, Approving the extension of the Franchise
Z. az( A
ames Genellie
Assistant City Manager
RESOLUTION NO. 2012-018
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA
GRANTING COMCAST OF ARKANSAS / FLORIDA / LOUISIANA / MINNESOTA /
MISSISSIPPI / TENNESSEE, INC.
A FRANCHISE EXTENSION TO JULY 31, 2012
WHEREAS, effective January 1, 1997, the City of Hopkins, 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 / Florida /
Louisiana / Minnesota / Mississippi / Tennessee, Inc. ("Comcast"); and
WHEREAS, the City adopted Resolution No. 2011-059 on November 15, 2011
extending the term of the Franchise, as amended by the Resolution; and
WHEREAS, Comcast executed said Resolution No. 2011-059 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 Hopkins, Minnesota hereby resolves as
follows:
I 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 Hopkins; and (2) Comcast's acceptance of this Resolution.
Adopted by the City Council of Hopkins, Minnesota, this 3rd day of April , 2012.
CITY OF HOPKINS, MINNESOTA
By:
Its:
ATTEST:
City Clerk
ACCEPTANCE
Comcast of Arkansas / Florida / Louisiana / Minnesota / Mississippi / Tennessee, Inc.
hereby acknowledges the City of Hopkins, Minnesota Resolution No. and hereby
accepts the terms, provisions and recitals of the Resolution and agrees to be bound by the
Franchise to the extent consistent with applicable laws.
DATED: COMCAST OF ARKANSAS/FLORIDA/
LOUISIANA/MINNESOTA/
MISSISSIPPI / TENNESSEE, INC.
By:
Its:
Sworn to before me this
day of ,
Notary Public