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<br />3 <br /> <br />5. Any final decision not to renew must be based on an adverse finding with <br />respect to at least one offour factors: <br /> <br />a. Whether AT&T Broadband has not substantially complied with the <br />material terms of its franchises and applicable law. <br /> <br />b. Whether the quality of the AT&T Broadband's service, including <br />signal quality, response to consumer complaints, and billing <br />practices, but without regard to the mix or quality of cable services or <br />other services provided over the system has been reasonable in light <br />of community needs. <br /> <br />c. Whether AT&T Broadband has the financial, legal and technical <br />ability to provide services, facilities and equipment as set forth in its <br />proposal. Past performance is relevant and may be considered in <br />reaching a decision on AT&T Broadband's technical ability. <br /> <br />d. Whether AT&T Broadband's proposal is reasonable to meet the <br />future cable-related needs and interests ofthe community, taking into <br />account the cost of meeting such needs and interests. <br /> <br />6. Quality problems and franchise violations occurring after 12/29/84 (effective <br />date of the Cable Act) cannot be held against the cable operator unless it has <br />been given notice and opportunity to cure. <br /> <br />D. Judicial Review. <br /> <br />1. Final stage of formal proceedings if the member cities deny renewal. AT&T <br />Broadband may seek judicial relief prior to a final denial if it believes the <br />actions of the Commission or the member cities at any stage of the renewal <br />process are not in compliance with the Cable Act. <br /> <br />2. Following a final denial, AT&T Broadband must file its appeal in federal or <br />state court within 120 days of receipt of the notice of the decision. If any <br />action of the Commission or the member cities is not in compliance with the <br />Cable Act or AT&T Broadband demonstrates that any adverse finding with <br />respect to each of the four criteria was not supported by a preponderance of <br />the evidence based on the record introduced at the formal administrative <br />proceeding, the court may grant the operator appropriate relief No relief <br />will be granted, however, for "harmless error." <br /> <br />3. If court finds that AT&T Broadband has met the four criteria, it can order the <br />member cities to grant renewal. <br />G:\NOIth Metro\Renewal\Outline of Franchise Renewa\.DOC <br /> <br />P.22 <br />