2002-05-22 CC Packet - Laserfiche WebLink

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, .. . (a) subscribers did not knowingly, voluntarily, and intelligently waive their Constitutional right to a jury trial; ] and (b) the contract is unconscionable under Minnesota contract law as a contract of adhesion. Order Based on the foregoing Findings and Conclusions, the Commission hereby enters the following orders: I. AT&T Broadband is hereby ordered to innnediately cease and desist the implementation, imposition and enforcement of the Arbitration Clause in the new CSA. 2: AT&T Broadband is hereby ordered to innnediately notify the Commission of AT&T Broadband's intent to fully comply with this Order. 3. AT&T Broadband is hereby ordered to do the following within thirty (30) days of the effective date of this Order: (i) modify its CSA by bringing its dispute resolution policy into total compliance with applicable law; (ii) provide the Commission with an opportunity to review and approve the revised dispute resolution policy before it is issued to subscribers; (iii) inform the Commission of the manner in which subscribers will be notified of the revised dispute resolution policy; and (iv) issue a revised dispute resolution policy to subscribers. 4. Failure to comply with this Order may result in a franchise violation, the innnediate issuance of a notice violation to AT&T Broadband, and the invocation of appropriate remedies. 5. This Order shall be effective innnediately upon its approval by the Commission. This resolution is passed, adopted and issued by the Commission this 17th day of April, 2002. NORTH METRO TELECO. COMMISr /). By: ~ I Chair Attest: ~f1I1 /)1.:Jhm1Ih I ~ Bmdv v. United States. 397 U.s. 742, 748 (1970); also ~ State v. Johnson. 354 N. W.2d 541, 543 (Minn. App. 1984). 2 1_- p>.47