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CITY OF ELK RIVER <br />Resolution No. <br /> <br />A RESOLUTION EXTENDING THE TERM OF THE CABLE FRANCHISE <br />HELD BY CC VIII OPERATING COMPANY, LLC <br /> D/B/A CHARTER COMMUNICATIONS <br /> <br /> WHEREAS, the City of Elk River (the "Authority") granted a nonexclusive cable <br />television a franchise (the "Franchise") to CC VIII Operating Company, LLC d/b/a Charter <br />CommuniCations ("Charter"); and <br /> <br /> WHEREAS, Charter has requested renewal of the Franchise, and <br /> <br /> WHEREAS, the Authority and Charter are currently negotiating the terms of renewal of <br />the Franch!se pursuant to the informal renewal process set forth in Section 626(h) of the Cable <br />Communi~ations Policy Act of 1984, as amended, 47 U.S.C. § 546(h); and <br /> <br /> WHEREAS, the Authority desires to extend the term of the Franchise until June 30, <br />2003, so tl~at negotiations may continue; and <br /> <br />wHEREAS, Charter has consented and agreed to the terms of this extension. <br /> <br />NOw, THEREFORE, BE IT RESOLVED BY THE CITY OF ELK RIVER that: <br /> <br />The term of the Franchise shall be extended until June 30, 2003, unless sooner <br />revoked, cancelled or terminated. <br /> <br />All terms and conditions of the Franchise, as may be amended from time to time, <br />shall remain in effect during the term of the extension. <br /> <br />o <br /> <br />This extension shall not constitute a waiver of any rights the Authority or Charter <br />may have under (i) the Franchise, as it may be amended from time to time; (ii) the <br />Cable Communications Policy Act of 1984, as amended by the Cable Television <br />Consumer Protection and Competition Act of 1992 and the Telecommunications <br />Act of 1996; (iii) Chapter 238 of the Minnesota Statutes, Minn. Stat. § 238.01, et. <br />seq.; or (iv) any other law or regulation. <br /> <br />° <br /> <br />Nothing herein shall be interpreted to give Charter additional rights or <br />opportunities to trigger the provisions of 47 U.S.C. § 546(a)-(g), or to require the <br />Sherburne/Wright Counties Cable Communication Commission to conduct or <br />reconduct hearings or other actions properly taken in conjunction with any <br />renewal proceedings under the current Franchise. <br /> <br />° <br /> <br />No claim that either party may have against the other shall be released or <br />otherwise affected by this extension. <br /> <br /> <br />