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Page 17 PUBLIC DOCUMENT-TRADE SECRET DATA HAS BEEN EXCISED Proposal for Formal Franchise Renewal December 20, 2013 and that the regulation be no greater than essential to the furtherance of the interest.26 "[T]he [governmental unit] bears the burden of proving that the elements of the O'Brien test are satisfied."27 Here, the Staff Report and RFRP show that the NSCC has not met this constitutional standard in several ways: 1. The Staff Report demands for PEG channels are not narrowly tailored. The NSCC demands 8 channels without a showing that those channels are necessary to establish a substantial government interest or can even be used for local programming by the NSCC.28 This objection is further discussed in part 3 below. 2. The Staff Report and RFRP do not support the demand for Comcast to provide a complimentary institutional network (I-Net) to the member cities as a condition for offering cable services to North Suburbs residents. Surveys do not even show that maintaining an I-Net is a priority for the community. In the Talmey-Drake survey, 62% of customers said they did not want to pay more for maintaining an I-Net serving local government and other public entities. And paying for the I-Net was very low in customers' ranking of priorities.29 The "Group W" telephone survey never even asked subscribers (who ultimately pay the costs of an I-Net) about whether individuals prioritized a free institutional network for the member cities, and the Buske memo does not cite any specific or identified members of the community. The Buske memo also makes no attempt to measure how, for example, the I-Net is currently used or what future I-Net demands will actually be. Instead, it purports to characterize and categorize as "primary and major findings" the conclusory comments about an I-Net from anonymous individuals during "meetings with representatives of interest groups."3o 26. O'Brien, 391 U.S. at 377. 27. Preferred Comms. v. City of Los Angeles, 754 F.2d 1396, 1406 n.9 (9th Cir. 1985). 28. See Preferred Comm., Inc. v. City of Los Angeles, No. CV 83-5846 (CBM), 1990 U.S. Dist. LEXIS 20205, at *36 (C.D. Cal. Jan. 5, 1990) (city requirements for 8 mandatory access channels is unconstitutional when the city failed to carry its burden to show why that many channels were necessary; noting the city's provisions were not narrowly tailored to its interests). 29. See Ex. 3 at 36. 30. See Buske Memo. at 54.