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RESOLUTION 04-42 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION EXTENDING THE TERM OF THE CABLE FRANCHISE HELD BY CC VIII OPERATING COMPANY, LLC D/B/A CHARTER COMMUNICATIONS WHEREAS, the City of Elk River (the "Authority") granted a nonexclusive cable television a franchise (the "Franchise") to CC VIII Operating Company, LLC clPo/a Charter Communications ("Charter"); and WHEREAS, Charter has requested renewal of the Franchise; and WHEREAS, the Franchise was previously extended and expires on June 30, 2004; and WHEREAS, the Authority and Charter continue to negotiate the terms of renewal of the Franchise pursuant to the informal renewal process set forth in Section 626(h) of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546(h); and WHEREAS, the Authority desires to extend the term of the Franchise until December 31, 2004, so that negotiations may be completed; and WHEREAS, Charter has consented and agreed to the terms of this extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ELK RIVER that: The term of the Franchise shall be extended from June 30, 2004 until December 31, 2004, unless sooner revoked, cancelled or terminated. All terms and conditions of the Franchise, as may be amended from time to time, shall remain in effect during the term of the extension. o This extension shall not constitute a waiver of any rights the Authority or Charter may have under (i) the Franchise, as it may be amended from time to time; (ii) the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996; (iii) Chapter 238 of the Minnesota Statutes, Minn. Stat. § 238.01, et. seq.; or (iv) any other law or regulations. Nothing herein shall be interpreted to give Charter additional rights or opportnnities to trigger the provisions of 47 U.S.C. §546(a)-(g), or to require the Sherbume/Wright County Cable Communication Commission to conduct or 04-42