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42 WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as
<br />43 amended (the "Cable Act"), 47 U.S.C. § 546(a)(1), provides that if a written renewal
<br />44 request is submitted by a cable operator during the 6-month period which begins with the
<br />45 36th month before franchise expiration and ends with the 30th month prior to franchise
<br />46 expiration, a franchising authority shall, within six months of the request, commence
<br />47 formal proceedings to identify the future cable-related community needs and interests and
<br />48 to review the performance of the cable operator under its franchise during the then
<br />49 current franchise term; and
<br />50 WHEREAS, by letters dated October 11, 2010, and November 23, 2010, from Comcast
<br />51 to each of the Member Cities, including the City, Comcast invoked the formal renewal
<br />52 procedures set forth in Section 626 of the Cable Act, 47 U.S.C. § 546; and
<br />53 WHEREAS, the City and the other Member Cities informed the Commission, by
<br />54 resolution, that they want the Commission and/or its designee(s) to commence, manage
<br />55 and conduct the formal renewal process specified in Section 626(a)-(g) of the Cable Act,
<br />56 47 U.S.C. § 546(a)-(g), on their behalf; and
<br />57 WHEREAS, the City has affirmed, by resolution, the Commission's preexisting
<br />58 authority under the Joint Powers Agreement to take any and all steps required or desired
<br />59 to comply with the Franchise renewal and related requirements of the Cable Act,
<br />60 Minnesota law and the Franchises; and
<br />61 WHEREAS, the Joint Powers Agreement empowers the Commission and/or its
<br />62 designee(s) to conduct the Section 626 formal franchise renewal process on behalf of the
<br />63 City and to take such other steps and actions as are needed or required to carry out the
<br />64 formal franchise renewal process; and
<br />65 WHEREAS, the Commission adopted Resolution No. 2011-02 commencing farmal
<br />66 franchise renewal proceedings under Section 626(a) of the Cable Act, 47 U.S.C. § 546(a),
<br />67 and authorizing the Commission or its designee(s) to take certain actions to conduct those
<br />68 Section 626(a) proceedings; and
<br />69 WHEREAS, the Commission performed a detailed needs assessment of the Member
<br />70 Cities' and their communities' present and future cable-related needs and interests and
<br />71 has evaluated and continues to evaluate Comcast's past performance under the Franchises
<br />72 and applicable laws and regulations, all as required by Section 626(a) of the Cable Act,
<br />73 47 U.S.C. § 546(a); and
<br />74 WHEREAS, the Commission's needs ascertainment and past performance review
<br />75 produced the following reports: The Buske Group's "Community Needs Ascertainment —
<br />76 North Suburban Communications Commission (Arden Hills, Falcon Heights, Lauderdale,
<br />77 Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony and
<br />78 Shoreview, Minnesota)" (July 15, 2013) (the "Needs Assessment Report'); Group W
<br />79 Communications, LLC's, telephone survey and report titled "North Suburban
<br />80 Communications Commission Cable Subscriber Survey (September 2011)" (the
<br />81 "Telephone Survey Report'); CBG Communications, Inc.'s, "Final Report - Evaluation
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