City Council Proposed Ordinance No. 60 – Tuesday, February 20, 2018

The Redwood Falls City Council introduced the proposed ordinance at the meeting held February 6, 2018. The Council will consider adopting the proposed ordinance at the next meeting being held February 20, 2018.

ORDINANCE NO. 60, FOURTH SERIES
AN ORDINANCE OF THE CITY OF REDWOOD FALLS EXTENDING
TERM AND MODIFY SECTION 4.1 (a) OF THE FRANCHISE AGREEMENT
WITH NEW ULM TELECOM, INC.

WHEREAS, the City of Redwood Falls (“City”), granted New Ulm Telecom, Inc.  (“NU Telecom”) (“Parties”) a non-exclusive franchise to construct, operate and maintain a cable television system in the City (the “Franchise”); and

WHEREAS, NU Telecom timely filed a request with the City for renewing the Franchise pursuant to the provisions of the Cable Communications Policy Act of 1984 (“Cable Act”); and

WHEREAS, the Parties desire to extend the current Franchise from December 31, 2017, to December 31, 2027; and

WHEREAS, NU Telecom desires to modify Section 4.1 (a) regarding Minimum Channel Capacity to specify updated technology utilized by Nu Telecom.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

The City of Redwood Falls hereby authorizes and executes a 10-year extension of the Franchise which shall now expire on December 31, 2027.

The City of Redwood Falls hereby authorizes and agrees to modify Section 4.1 (a) Minimum Channel Capacity to state the following:

“Grantee currently provides a System which utilizes internet protocol (“IP”) technology which is capable of delivering a minimum of seventy-six (76) channels.”

The Parties agree that as a result of agreeing to extend the Franchise term and to modify Section 4.1 (a), neither party shall be deemed to have waived any of its rights or obligations under Section 626 of the Federal Communications Act (47 U.S.C §546) nor any of its rights or obligations under the Franchise agreement, and that this extension and modification shall not be deemed to constitute an approval by the City of the renewal of the Franchise or approval of any Franchise renewal proposal which may have been previously submitted by NU Telecom.

The remaining terms and conditions of the Franchise Agreement shall continue in full force and effect.

If, any section, paragraph subdivision, clause, sentence or provision of this Ordinance shall be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate, or nullify the remainder thereof, which remainder shall remain and continue in full force and effect.

Passed and adopted this 20th day of February, 2018.

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