4. Renewal of City of Chanhassen Cable TV FranchiseTriax Cablevision
Attn: Mr. Ric Hanson
Director of Operations
212 15th Avenue N.E.
Suite 2010
Waseca, MN 56093
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CITY OF
CHAWHASSEN=w
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Re: Renewal of the City of Chanhassen,
Dear Mr. Hanson:
Section 626(a) of
may request th nolmdamthiffla
1
Cable Television Franchise
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that a cable operator
authority a writte notice during the six (6) month period w is }ie ith the 36th
month before franchise ex a six (6) month period in the oopen on May 7,
1996 and close on November 7, 1
renewal proceedings under Section 626(a)
To the extent Triax desires to discuss fran
willing to "informally" discuss renewal of
g to initiate "formal"
h month prior to franchise expiration.
at this time, however, the City is
To the extent Triax has the legal right to initiate formal renewal proceedings at this time
pursuant to Section 626(a) of the Cable Act, the City shares Triax's desire to proceed
"informally." The City recognizes the positive relationship it has enjoyed with Triax and
wishes to maintain this relationship throughout the term of any renewed franchise. Therefore,
C1
Li
January 31, 1995
CITY OF 4
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 9 FAX (612) 937 -5739
MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: February 7, 1995
SUBJ: Renewal of City of Chanhassen Cable TV Franchise
Action by W MnfhtiditW
Fmdo rsPd.l �f�1tsA
Moditie
pale mu tto to COMMMIN
pale 5ubmi'ted to CouWA
This memorandum may be more confusing th ' attached letter. Hopefully not.
Our current cable franchise does not expire f fiv ears, i.e. May 1999. Informal
negotiations are supposed to start three y ad v of the expiration of the franchise.
Triax mistakenly thought that this was the ginning the three year period and sent notice
of its desire to enter into the informal ne on pert ` as prescribed under FCC regulations.
When notified of their error, Triax bas' y stated, , our letter in case we forget to
renotify you in two years." 'Our ca bl attorney, B ' Grogan questions the legality of
asking for a procedure to be put in two years in vance of when that type of request
should be made. In any case, he s feel that an offici esponse to Triax is warranted.
The attached letter has begoraft by Brian and is
for approval.
' Triax Cablevision
January 31, 1995
' Page 2
to the extent Triax's January 12, 1995 letter legally triggers formal renewal proceedings under
' Section 626(a) of the Cable Act, the City agrees with your suggestion that Triax and the City
proceed "informally" pursuant to Section 626(h) of the Cable Act. As we understand this
provision it allows cable operators and franchising authorities to work together informally to
' arrive at an agreement for franchise renewal so that the "formal" procedures dictated by the
Cable Act can be avoided, unless absolutely necessary.
The City therefore proposes that if formal renewal proceedings have been triggered by Triax
pursuant to its letter of January 12, 1995, it is in the best interest of both the City and Triax
to delay implementation of the "formal' renewal process under Section 626(a) of the Cable
' Act and confirm our understanding that the renewal process be conducted "informally."
Further, neither the City nor Triax waive any right to initiate the formal renewal process
under Section 626 of the Cable Act. Either the City or Triax can invoke " formal " renewal
' proceedings upon written notice to the other in conformance with Section 626 of the Cable
Act.
' If you feel this letter accurately reflects our mutual understanding, please sign below where
indicated.
' Sincerely,
I City of Chanhassen, Minnesota
By:
' Its:
ACCEPTANCE
' Agreed and accepted this day of , 1995.
I Triax Cablevision
' By:
Its:
January 12, 1995
CERTIFIED MAIL ,
RETURN RECEIPT REQUESTED
Mayor Don Chmiel
City of Chanhassen
P.O. Box 147
Chanhassen, MN. 55317
Dear Mayor Chmiel:
Triax Cablevision has been pleased to provide cable service
to the residents of Chanhassen and we would like to
continue our relationship by entering into a new renewal
term.
The Cable Communication Policy Act of 1984 (Section 626)
provides renewal rights and procedures which must be
followed in the event a franchising authority and the cable
operator are unable to agree informally upon a franchise
renewal. This letter is intended to satisfy that
notification requirement. Accordingly, as provided in
Section 626 (a) of the Cable Act, we hereby request the City
to commence a proceeding to evaluate our past performance
and to ascertain the future cable - related community needs of
the community. We further request the City to suspend any
formal procedures under Section 626 (a), in order to permit
informal discussions.
If agreeable, please sign and return the enclosed document.
We look forward to serving you for an additional term.
Sincerely,
�0
Ric Hanson
Director of Operations
RH : dmm
Enclosure
cc: Bob Langley
Dan Callahan
TRIAX CABLEVISION
119 NORTH STATE STREET, WASECA, MINNESOTA 56093 (507) 835 -5975 (507) 835 -7977 (FAX)
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v
Triax Cablevision P I
Attention: Ric Hanson I G ,�
Director of Operations t
212 15th Ave N.E., Suite 2010
Waseca, Mn. 56093 f
Mr. Hanson:
Please accept this letter as a request from the City of rAel
Chanhassen to enter into informal discussions with Triax
Cablevision concerning cable refranchising.
Please contact the City as soon as possible to set up our
initial meeting.
Sincerely,
Mayor Don Chmiel
City of Chanhassen
--------------- - - - --
Date
cc: City File
TRIAX CABLEVISION
119 NORTH STATE STREET, WASECA, MINNESOTA 56093 (507) B35 -5975 (507) 835 -7977 (FAX)