HomeMy WebLinkAboutItem 06.cc Date: Item No.
RESOLUTION GRANTING CHARTER CABLE PARTNERS, LLC
A FRANCHISE EXTENSION TO DECEMBER 31, 2018
Proposed Action
Staff recommends adoption of the following motion: Move to adopt a resolution granting an
extension of the current franchise agreement with Charter Cable Partners, LLC from December
31, 2017 to December 31, 2018.
Overview
This past summer the City contacted Charter Cable Partners, LLC to determine their interest in
pursuing a franchise renewal under substantially the same terms as the Frontier franchise that
was adopted by the City in 2016. The City indicated to Charter that if they were interested in
proceeding with the renewal process, based on the Frontier franchise terms, the City requests
Charter to provide a mark-up of the Frontier franchise in order to restart the informal franchise
renewal process. However, if Charter is seeking a franchise renewal on terms altogether different
than those contained in the Frontier franchise, the City would rather place this matter on hold
until other Charter franchises are completed in Minnesota. This would allow the City and
Charter to determine if there is a more expeditious path to complete a renewal based on a
negotiated model document from another Minnesota jurisdiction.
Charter indicated they were not interested in using the Frontier franchise as a model and would
contact the City in the future after they had an opportunity to finalize a franchise in another city
in Minnesota that was similar to Lakeville. At this time the City is only aware of the Rochester
and St. Cloud franchise renewals that were completed a few years ago and Charter had previously
informed the City they are not interested in working from either of those renewals as a starting
point for a franchise in Lakeville.
Primary Issues to Consider
Staff recommends a one-year extension of the current franchise agreement to December 31, 2018
to provide additional time needed for a mutually acceptable franchise renewal to be developed.
Financial Impact: No Budgeted: Y☐ N☐ Source:
Related Documents: Envision Lakeville Community Value: Good Value for Public Services
Report Completed by: Allyn Kuennen, Assistant City Administrator
December 18, 2017
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CITY OF LAKEVILLE
RESOLUTION NO.
GRANTING CHARTER CABLE PARTNERS, LLC
A FRANCHISE EXTENSION TO DECEMBER 31, 2018
WHEREAS, on or about October 26, 1998, the City of Lakeville, Minnesota (“City”) adopted a
Cable Television Franchise Agreement (“Franchise”), which is currently held by Charter Cable
Partners, LLC (“Charter”); and
WHEREAS, the initial term of the Franchise expired on or about November 1, 2013; and
WHEREAS, Charter has requested renewal of the Franchise; and
WHEREAS, the City adopted Resolution No. 13-86 on October 7, 2013 extending the term of
the Franchise until June 1, 2014; and
WHEREAS, Charter executed said Resolution No. 13-86 and agreed to continue complying
with the Franchise, as amended by the resolution; and
WHEREAS, the City adopted Resolution No. 14-53 on June 16, 2014 extending the term of the
Franchise until October 31, 2014; and
WHEREAS, Charter executed said Resolution No. 14-53 and agreed to continue complying
with the Franchise, as amended by the resolution; and
WHEREAS, the City adopted Resolution No. 14-92 on October 20, 2014 extending the term of
the Franchise until June 1, 2015; and
WHEREAS, Charter executed said Resolution No. 14-92 and agreed to continue complying
with the Franchise, as amended by the resolution; and
WHEREAS, the City adopted Resolution No. 15-49 on May 4, 2015 extending the term of the
Franchise until December 1, 2015; and
WHEREAS, Charter executed said Resolution No. 15-49 and agreed to continue complying
with the Franchise, as amended by the resolution; and
WHEREAS, the City adopted Resolution No. 15-145 on November 16, 2015 extending the
term of the Franchise until June 30, 2016; and
WHEREAS, Charter executed said Resolution No. 15-145 and agreed to continue complying
with the Franchise, as amended by the resolution; and
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WHEREAS, the City adopted Resolution No. 16-81 on June 20, 2016 extending the term of the
Franchise until December 31, 2016; and
WHEREAS, Charter executed said Resolution No. 16-81 and agrees to continue complying
with the Franchise, as amended by the resolution; and
WHEREAS, Charter executed said Resolution No. 16-169 and agrees to continue complying
with the Franchise, as amended by the resolution; and
WHEREAS, the City and Charter are interested in continuing informal renewal negotiations,
and desire to extend the current Franchise term from December 31, 2017 through and
including December 31, 2018; and
WHEREAS, the City and Charter desire to extend the term of the Franchise to facilitate
renewal negotiations under state and federal law; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota
hereby resolves as follows:
1. The Franchise is hereby amended by extending the term of the Franchise from December
31, 2017 through and including December 31, 2018.
2. Except as specifically modified hereby, the Franchise shall remain in full force and effect.
3. The City and Charter 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 adopted by the Lakeville City Council; and (2)
Charter’s acceptance of this resolution.
Adopted by the City Council of Lakeville, Minnesota, this 18th day of December 2017
CITY OF LAKEVILLE, MINNESOTA
___
Mayor Douglas P. Anderson
__
Charlene Friedges, City Clerk
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ACCEPTANCE
Charter Cable Partners, LLC, hereby acknowledges the City of Lakeville 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: ___________________, 2017 Charter Cable Partners, LLC
By:
Its:
Sworn to before me this
day of _____, 2017
Notary Public