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033-08\/1 � r �� 1• 1 B OA R D A RESOLUTION CONCERNING THE EXTENSION OF THE CABLE TELEVISION FRANCHISE HELD BY COMCAST OF CALIFORNIA/ MARYLA /PENNSYLVANIA/VIRGINIA/WEST VIRGINIA, LLC FOR THE PURPOSE OF PERMITTING THE COUNTY AND THE FRANCHISEE TO COMPLETE RENEWAL DISCUSSIONS WHEREAS, on December 20, 1993, Frederick County, Virginia (the "County "), granted a cable television franchise (the "Franchise ") to Central Virginia Cable, Inc.; and WHEREAS, the Franchise is now held by Comcast of California /Maryland/PennsylvaniaNirginia /West Virginia, LLC (the "Franchisee "); and WHEREAS, the Franchise expires on December 19, 2008; and WHEREAS, the County and the Franchisee have been engaged in discussions concerning the renewal of the Franchise and those discussions are nearly complete; and WHEREAS, the County wishes to extend the term of the Franchise to allow time for the parties to complete negotiations; and WHEREAS, the Franchisee has consented to the proposed extension of the Franchise; and WHEREAS, the County and the Franchisee both desire to reserve their respective rights under state and federal law, including, without limitation, 47 U.S.C. § 546. NOW, THEREFORE, BE IT RESOLVED THAT the term of the Franchise is hereby extended until April 19, 2009. This Resolution shall be effective immediately upon passage. APPROVED this to day of December, 2008. . VOTE: Richard C. Shickle, Chairman Aye Gay W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux A y e ATTE T: Jo n I�. Ril y , Jr. 66lk y O0143857.D0 Resolution No. 033 -08 Gary A. Lofton A ye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA ti By: Richard C. Shickle Chairman County Administrator COUNTY of FREDERICK MEMORANDUM TO: FROM: RE: DATE: Board of Supervisors Kris C. Tierney, Assistant County Administrator Kris C. Tierney Assistant County Administrator 540/665 -5666 Fax 540/667 -0370 E -mail: ktierney@co.frederick.va.us Resolution to extend Comcast Franchise for a period of four months November 25, 2008 Attached please find a resolution which extends the County's existing Cable Franchise Agreement with Comcast (the Franchise was initially with Adelphia) for a period of four months along with a letter from Mr. Robert Jacobs, Vice President of Government Affairs, Eastern Division, expressing Comcast's consent with extension of the existing agreement. Staff has been working with the law firm of Miller and Van Eaton to negotiate a new franchise agreement with Comcast. While negotiations are nearly complete, it has become apparent that we will not have a finalized agreement in place prior to the expiration of the term of the current agreement. The attached resolution would extend the termination date for a period of four (4) months, from December 19, 2008 to April 19, 2009. Please let me know if I can answer and questions. C:\DOCUMENTS AND SETTINGS\hMTENOU\MY DOCUMENTS \CfflWCT CORPESPONDENCE\MEMOS FY 2007- 2008\BOS COMCAST EXTENSION RES.DOC 107 North Kent Street • Winchester, Virginia 22601 C omcast� November 24, 2008 Kris C. Tierney, AICP Assistant County Administrator County of Frederick, Virginia 107 North Kent Street Winchester, VA 22601 RE: Frederick County VA — Franchise Extension Dear Mr. Tierney: Comcast Cable 11800 Tech Road Silver Spring, MD 20904 Phone: 301,625.3500 Fax: 301.625.3566 %YM- Comcast.com I am writing in regard to the County's proposal to extend through April 19, 2008 the franchise agreement currently held by Comcast of California /Maryland /Pennsylvania/ Virginia/West Virginia, LLC that is currently scheduled to expire on December 19, 2008, in order to accommodate further renewal discussions between Comcast and the County. Comcast has reviewed the proposed resolution and, by this letter, consents to extending the expiration date of the franchise agreement to April 19, 2008, without waiving any of its rights under federal or Virginia state law. Should you have any questions regarding this matter, please feel free to contact me. Sincerely, COMCAST OF CALIFORNIA / MARYLAND /PENNSYLVANIA/VIRGINIA/WEST VIRGINIA, LLC By: Robert S. Jacobs Vice President, Government Affairs Beltway Region cc: Matt Ames, Esq. John Conwell Paul Comes