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HomeMy WebLinkAbout08-059 - ADMIN Resolution - City Council - 2008/04/28RESOLUTION NO. 08-059 RESOLUTION AUTHORIZING A WAIVER TO THE STANDSTILL AGREEMENT REGARDING CABLE TELEVISION FRANCHISE COMPLIANCE WITH COMCAST WHEREAS, the City has a cable television franchise ("Franchise") with Comcast, and; WHEREAS, that franchise includes, as required by Minnesota Statutes §238.43, a requirement that Comcast provide all subscribers within the City with a regional channel (MCN 6),and; WHEREAS, some multiple dwelling units within the City, with the assistance or knowledge of Comcast's predecessor franchisee took steps to replace the MCN6 signal with a closed circuit security camera signal in order to promote the safety of the residents and guests of the multiple dwelling units, and; WHEREAS, the City made an initial determination that this practice may violate state law and the franchise agreement, and; WHEREAS, Comcast's predecessor made an initial determination that the statute and franchise was not violated, and; 'WHEREAS, City and Comcast's predecessor met to mediate the dispute in order to best effectuate state law, the terms of the franchise, and the delivery of quality services to subscribers consistent with the expectations and wishes of the residents, and entered into a standstill agreement on October 7, 2003 with respect to the continued and future use of the cable television system to provide security camera service to residents of multiple dwelling units, and; WHEREAS, that standstill agreement specified that the cable television franchisee would not install nor activate security camera channel services on other multiple dwelling units, and; WHEREAS, Comcast has been requested by the owners of Aquila Commons to employ the cable television services for security camera purposes, and; WHEREAS, Comcast can provide the requested service without interfering or disrupting the continued delivery of the regional channel to residents as required by state law. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that the City hereby waives the application of the Standstill Agreement between the City and Comcast regarding Aquila Commons, 8200 West 33rd Street, subject to the following terms and conditions: Resolution No. 08-059 -2- 1. Comcast shall deliver to all residents at Aquila Commons who subscribe to cable television services all channels required by Federal law, State of Minnesota statute, and local ordinance, specifically, all local broadcast television channels; PEG access channels and the MCN6 Regional channel at the channel assignments indicated by its current city-wide channel line-up card. 2. Comcast shall be able to deliver any entryway security camera signals, provided by Aquila Commons, over their signal cables, to residents. Any business agreement to do so shall be solely between Comcast and Aquila s. Revi.r e• for Administration: 111/ii11111r City /a er Attest: the City Council April 28, 2008 Mayor