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8. Res No. 2020-36 Cable Franchise Transfer ApprovalCITY OF SCANDIA RESOLUTION NO. 2020-36 A RESOLUTION APPROVING THE CORPORATE CHANGE OF THE PARENT COMPANY OF CITIZENS TELECOMMUNICATIONS COMPANY OF MINNESOTA, LLC, GRANTEE OF A CABLE SYSTEM FRANCHISE RECITALS WHEREAS, on January 17, 2017, the City of Scandia granted a nonexclusive cable system franchise to Citizens Telecommunications Company of Minnesota, LLC (the “Grantee”); WHEREAS, Grantee is a subsidiary of Frontier Communications Corporation; WHEREAS, Frontier Communications Corporation (“Frontier”) is presently reorganizing in Chapter 11 Bankruptcy, whereby the United States Bankruptcy Court for the Southern District of New York approved a Plan for Reorganization on August 21, 2020; WHEREAS, pursuant to the Plan for Reorganization, Frontier will be dissolved and replaced by a new parent company, tentatively referred to in the bankruptcy filings as “Reorganized Frontier”; WHEREAS, Frontier contacted the City via letter dated September 3, 2020, informing the City of Frontier’s reorganization plan and stating that the Grantee will continue in its cable system franchise operations without effect, impact, or interruption despite Frontier’s bankruptcy and reorganization; WHEREAS, Grantee provided the City with FCC Form 394, which requested the City provide written approval of the change in ownership of Grantee from Frontier to Reorganized Frontier; WHEREAS, the FCC Form 394 Grantee provided the City is attached to this Resolution as Exhibit 1, and informs the City concerning the nature of the change in ownership of Grantee and provides assurance regarding continued operations of the cable system franchise; WHEREAS, Frontier requested the City provide written approval of the fundamental corporate change occurring through the reorganization of Frontier; WHEREAS, pursuant to Minnesota Statutes Section 238.083, a franchising authority “shall approve or deny in writing a sale or transfer request” and such “approval must not be unreasonably withheld”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA AS FOLLOWS: 1. The City approves the sale or transfer of Grantee from Frontier to Reorganized Frontier, as articulated in attached Exhibit 1; 2. The City’s cable system franchise with Grantee remains in full force and effect; 3. Nothing in the City’s approval of the change in ownership of the Grantee changes or modifies the terms of the Cable System Franchise Agreement, as memorialized in Ordinance No. 183. The City retains all rights and remedies articulated in the franchise documents; and, 4. In the event the change in ownership of Grantee from Frontier to Reorganized Frontier, as articulated in Exhibit 1, does not occur, the City’s written approval shall be ineffective. Passed by the City Council of the City of Scandia, Minnesota, this ______ day of ______, 2020. ________________________________ Christine Maefsky, Mayor Attest: ________________________________ Ken Cammilleri, City Administrator