2009-02-25 CC Packet w/Set Agenda

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WHEREAS, the 30-day cure period established in the Notice of Violation has expired and Comeast still has not furnished all the data and certifications solicited in the Data Request; and WHEREAS, the Commission finds that Comcast continues to violate the terms of the Franchise Agreements/Ordinances; and WHEREAS, the authority exercised in this Resolution by the Commission is not authority or a task specifically retained by a Member City. NOW, THEREFORE, THE NORTH METRO TELECOMMUNICATIONS COMMISSION HEREBY RESOLVES AS FOLLOWS: \. The Commission authorizes Commission staff to satisfy all conditions necessary to draw upon the letter of credit, but orders Commission staff not to draw on the letter of credit until any objections filed by Wednesday, March 4,2009, are heard by the Commission, and a decision is then made by the Commission addressing any timely objections from Comcast. 2. Commission staff is directed to inform Comcast, in writing, that the applicable cure period has expired, that Comcast currently remains in violation of the Franchise Agreements/Ordinances, as specified in the Notice of Violation, and that Comcast shall file any objections it has to this determination, and any Commission decision to draw on the letter of credit, no later than March 4,2009. 3. Written objections filed by March 4, 2009, pursuant to the preceding paragraph will be heard at a public hearing to be conducted at the Commission's March 18,2009, meeting. 4. From the date hereof to the commencement of the Commission's March IS, 2009, meeting, the Commission delegates to its Executive Committee the power to determine the nature and scope of the public hearing to be conducted pursuant to this Resolution. 5. This Resolution shall be effectively immediately upon its adoption by the Commission. This Resolution is passed, adopted and issued by the Commission this lSth day of February, 2009. NORTH METRO TELECOMMUNICATIONS COMMISSION By: Its Chair Attest: 4 P.34