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WHEREAS,, the Franchise is scheduled to expire on November 23, 2013, unless sooner
<br />terminated or extended; and
<br />WHEREAS,, by letter dated November 23, 2010, from Comcast to the City,, Comcast
<br />invoked the formal renewal procedures set forth in Section 626 of the Cable Act, 47
<br />U.S.C. §546; and
<br />WHEREAS,, the City is desirous of commencing the formal renewal proceedings
<br />specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same
<br />time,, of pursuing the informal renewal process with Comcast pursuant to Section 626(h)
<br />of the Cable Act , 47 U.S.C. §546(h); and
<br />WHEREAS,, the City wishes that the formal proceedings under Section 626(a) of the
<br />Cable Act and the informal renewal process under Section 626(h) be managed and
<br />conducted by the Commission, or its designee(s); and
<br />WHEREAS,, the City intends to confirm the Commission's pre-existing authority to take
<br />any and all steps required or desired to comply with the franchise renewal and related
<br />requirements of the Cable Act, Minnesota law and the Franchise in accordance with the
<br />broad powers granted to the Commission by the Amended North Suburban Cable
<br />Commission Joint and Cooperative Agreement for the Administration of a Cable
<br />Communications System, dated June 1990 the "Joint Powers Agreement")- and
<br />WHEREAS,, the Commission is empowered by Joint Powers Agreement to conduct the
<br />Section 626(a), proceedings on the City's behalf and to take such other steps and actions
<br />as are needed or required to carry out the formal and informal franchise renewal
<br />processes; and
<br />WHEREAS,, the Commission,, on behalf of the City, must provide the public with notice
<br />of, and an opportunity to participate in, formal renewal proceedings under Section 626(a),
<br />of the Cable Act; and
<br />WHEREAS,, formal Section 626(a), proceedings and the informal franchise renewal
<br />process may involve the collection and analysis of information from Comcast (and its
<br />affiliates and subsidiaries),, City agencies and departments, the Commission, the North
<br />Suburbs Access Corporation, the public and other interested parties, and may require one
<br />or more public hearings.
<br />NOW,, THEREFORE,, BE IT RESOLVED,, that
<br />Section 1. The City authorizes the Commission and its staff to commence formal
<br />franchise renewal ascertainment and past performance proceedings under Section
<br />626(a)(1) of the Cable Act, 47 U.S.C. §546(a)(1),, concerning Comcast and the Franchise,
<br />on the City's behalf, pursuant to the powers granted to the Commission in the Joint
<br />Powers Agreement. These proceedings, and all applicable procedures, timelines and
<br />deadlines set forth in Section 626(a)-(g) of the Cable Act, 47 U.S.C. §546(a) -(g), maybe
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