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May 1�, �� oralle Wilson 2 . ■ costs are to be aid the cities for the maintenance of I Nett . What specific � � � (See Renewal Proposal page 4, item B-15). 4. Reliability■ e a critical factor on the successful performance of the I-Net. What tlti !� is the penalty for failure to attain the reliability factor(see Exhibit item 2- ) Does that reliability factor include all down time? "Grant of Nonexclusive Authority!' need further definition (see Ordinance B. The issues of , . The cities routinely grant the use of r g ht-of-way and section , part on page �� , the language as written is somewhat unclear. For example, the use of the Ety s rig ht- of may by Brooks d oes net include the same tern'tory, does not include all cities in the n and does not provide the same service as is prescribed in the Cable Commission, p Is the i precluded from that or similar grants of use of right-of- able Franchise. p e definition of provision of cable service? This definition should be way. That is#h p carefully defined so as not to preclude the city's rights of granting use of right-of-way l� to the future. C. There continues ues to be concern regarding the aggressiveness of Media One to pursue competition with- U.S. West. While the Cable Company has and continues to make investment, the i has ranted considerable value to the cable a substantial rove •� franchise by virtue of the terms contained in the ordinances and the effective monopoly of the City's grant of authority o the Cable Company. Terms of Media tY ' direction are not specific(see Ordinance page '1 , item 1-D). Further One's business p definition •s needed so that we can be assured that the City's value conveyed to the � Cable Company y b virtue of the essentially exclusive franchise aggressively pursues o p tions in the best interest of the community. D. The Memorandum contains a number of issues which carry forward into the new franchise. Does the Cable Commission have the legal authority to execute a Memorandum wh ich essentially changes es terms of the franchise approved by the cities? The cities created the Cable Commission to represent their interests; however, the fable Commission has executed the Memorandum of Understanding fit to the Cable Commission and not the city. Does the Cable that accrues benefit � ' the legal authority for the Memorandum of Understanding? Was Commission have � there a legal opinion prepared to advise the Cable Commission? ' for staff use only. l hope that we can get together sometime the This memo is intended y week of May 26 to discuss these and other issues regarding the proposed franchise. If ' schedule, preferably on Wednesday, May 7, or Thursday, May 8, there �s a time on your � p Y please let me know. ndin the refranchise process and the proposed Ordinance is Your help in better understanding p appreciated.