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<br />WHEREAS, Resolution No. 2008-03 authorized the issuance of a written notice of <br />violation to Comcast for its ongoing violations of ~~ 8.3.3 and 8.5.2 of the Franchise <br />Agreements; and <br /> <br />WHEREAS, on November 20, 2008, the Commission's Executive Director issued a <br />notice of violation to Comcast in accordance with ~ 9.2.5 of the Franchise Agreements ("Notice <br />of Violation"), and caused the Notice of Violation to be served on Comcast on that date in <br />accordance with ~ 2.9 of the Franchise Agreements; and <br /> <br />WHEREAS, in accordance with ~ 9.2.5 of the Franchise Agreements, the Notice of <br />Violation gave Comcast thirty (30) days to cure the cited violations by providing all the <br />documents and certifications delineated in the Data Request; and <br /> <br />WHEREAS, FRC sent a letter to Comcast on November 24, 2008, requesting certain <br />information based on a telephone discussion held the same day; and <br /> <br />WHEREAS, Comcast, by letter dated November 26, 2008, provided narrative responses <br />and a limited certification intended to respond to the Data Request and FRC's November 24, <br />2008 letter, and indicated that FRC could utilize general ledgers provided for the North Suburban <br />Communications Commission franchise fee review as part of the Commission's franchise fee <br />review; and <br /> <br />WHEREAS, Comcast's November 26, 2008, letter does not provide all the data and <br />certifications solicited in the Data Request; and <br /> <br />WHEREAS, on December 5, 2008, Comcast supplemented its November 26, 2008, <br />submission with a spreadsheet tying certain non-subscriber revenues from the Minneapolis/St. <br />Paul regional general ledger to Comcast's franchise fee calculations for the Commission; and <br /> <br />WHEREAS, Comcast's December 5, 2008, submission does not provide all the data and <br />certifications solicited in the Data Request and FRC's November 24, 2008, letter; and <br /> <br />WHEREAS, on February 4,2009, Comcast submitted a letter to the Commission's <br />Executive Director that included a revised certification from Comcast's West Division <br />Controller, dated February 3, 2009, which certification Comcast believes satisfies the Data <br />Request; and <br /> <br />WHERAS, on February 5, 2009, FRC prepared a memorandum explaining why the <br />revised certification alone is inadequate and does not obviate the need for all the data solicited in <br />the Data Request; and <br /> <br />WHEREAS, the Commission has considered the revised certification and FRC's <br />February 5, 2009, memorandum; and <br /> <br />3 <br />P.33 <br />