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RESOLUTION NO. 2014-04
<br /> PRELIMINARY ASSESSMENT THAT THE COMCAST
<br /> OF MINNESOTA,INC.CABLE FRANCHISE SHOULD NOT BE RENEWED
<br /> WHEREAS, the North Suburban Cable Commission, d/b/a the North Suburban
<br /> Communications Commission (hereinafter the "Commission"), is a Joint Powers Commission
<br /> organized pursuant to Minn. Stat. § 471.59, as amended, and includes the municipalities of
<br /> Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North
<br /> Oaks, Roseville, St. Anthony, and Shoreview, Minnesota(hereinafter, collectively the "Member
<br /> Cities"); and
<br /> WHEREAS,the Member Cities enacted separate ordinances and entered into individual
<br /> agreements authorizing MediaOne North Central Communications Corp. to provide cable service
<br /> (collectively,the"Franchises"); and
<br /> WHEREAS, as a result of several transfers of the Franchises, Comcast of Minnesota,
<br /> Inc., ("Comcast")currently holds the Franchises in the Member Cities;and
<br /> WHEREAS,a Joint Powers Commission organized pursuant to Minn. Stat. §471.59 has
<br /> the statutory authority to"jointly or cooperatively exercise any power common to the contracting
<br /> parties [i.e.,the Member Cities];"and '
<br /> WHEREAS,the definition of a"City"is defined under the Franchises to include, among
<br /> other entities,the lawful designee of the Member Cities; and
<br /> WHEREAS, the Commission was established by the Amended North Suburban Cable
<br /> Commission Joint and Cooperative Agreement for the Administration of a Cable
<br /> Communications System, dated June 1990 (the "Joint Powers Agreement"), to monitor
<br /> Comcast's performance, activities and operations under the Franchises and to coordinate,
<br /> administer and enforce the Member Cities'Franchises, among other things; and
<br /> WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as
<br /> amended (the "Cable Act"), 47 U.S.C. § 546(a)(1), provides that if a written renewal request is
<br /> submitted by a cable operator during the 6-month period which begins with the 36th month
<br /> before franchise expiration and ends with the 30th month prior to franchise expiration, a
<br /> franchising authority shall, within six months of the request, commence formal proceedings to
<br /> identify the future cable-related community needs and interests and to review the performance of
<br /> the cable operator under its franchise during the then current franchise term; and
<br /> WHEREAS,by letters dated October 11, 2010, and November 23, 2010, from Comcast
<br /> to the Member Cities, Comcast invoked the formal renewal procedures set forth in Section 626
<br /> of the Cable Act, 47 U.S.C. §546; and
<br /> WHEREAS,the Member Cities informed the Commission, by resolution,that they want
<br /> it and/or its designee(s)to commence, manage and conduct the formal renewal process specified
<br /> in Section 626(a)-(g) of the Cable Act, 47 U.S.C. § 546(a)-(g), on their behalf, and
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