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<br />, <br /> <br />".j' <br />10 <br /> <br />RESOLUTION NO. 2002-02 <br /> <br />ORDER TO CEASE AND DESIST <br /> <br />WHEREAS, the North Metro Telecommunications Commission (hereinafter, the "Commission") is a <br />Joint Powers Commission organized pursuant to Minn. Stat !i 471.59, as amended, and includes the <br />municipalities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park, <br />Minnesota (hereinafter, the "Member Cities"); and <br /> <br />WHEREAS, the Commission's Joint Powers Agreement includes the power to administer and enforce <br />the Member Cities' cable television franchises. <br /> <br />NOW, TI-IEREFORE, the following is resolved: <br /> <br />Fin d inl!S <br /> <br />1. AT&T Broadband sent a new Customer Service Agreement ("CSA") to subscribers in the Member <br />Cities. <br /> <br />2. The new CSA contains several modifications to the older agreement and was sent out as a "bill stuffer" <br />to subscribers ip the Member Cities. <br /> <br />3. The new CSA unilaterally attempts to impose a mandatory arbitration provision governed by the Federal <br />Arbitration Act (the "Arbitration Clause"). <br /> <br />4.' The Arbitration Clause, among other things, purports to eliminate certain rights otherwise enjoyed by <br />subscribers, most inlportantly the right to danlages other than actual damages and the right to bring a class <br />action lawsuit. <br /> <br />5. The new CSA states that acceptance ofits terms, including the Arbitration Clause, will be presumed <br />where there is continued use of service and that, if a subscriber finds the terms of the new CSA unacceptable, <br />the only recourse available to the subscriber is to cancel service. <br /> <br />6. The terms of the CSA were not negotiable and were offered on a "take it or leave it" basis. <br /> <br />7. Pursuant to the terms of the cable television franchises between AT&T Broadband and the Member <br />Cities, AT&T Broadband is required to comply with all state and federal laws and regulations. <br /> <br />8. Pursuant to the terms of the Member Cities' cable television franchises, AT&T Broadband may be <br />assessed a penalty of $100.00 per franchise per day for failure to comply with the franchises. <br /> <br />Conclusions <br /> <br />The CSA is invalid for the following reasons: <br /> <br />rP._~6 <br />