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RESOLUTION NO. 2014 -04
<br />PRELIMINAR�' ASSESSMENT THAT THE COMCAST
<br />OF MINNESOTA,INC.CABLE FRANCHISE Si30ULD NOT BE RENEWED
<br />WHEREAS, the North Suburban Cable ComTnission, d/b/a the North Suburban
<br />Communications Commission (hereinafter the "Commission"), is a Joint Powers Comrnission
<br />organized pursuant to Minn. Stat. § 471.59, as amended, and includes the municipalities of
<br />Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North
<br />Oalcs, Roseville, St. Anthony, and Shoreview, Minnesota (hereinafter, collectively the "Member
<br />Cities"); and
<br />WHEREAS, the Member Cities enacted separate ordinances and entered into individual
<br />agreements authorizing MediaOne North Central Cornmunications Corp. to provide cable service
<br />(collectively, the "Franchises"); and
<br />WHEREAS, as a result of several transfers of the Franchises, Comcast of Minnesota,
<br />Inc., ("Comcast") currently holds the Franchises in the Member Cities; and
<br />WHEREAS, a Joint Powers �ommission organized pursuant to Minn. Stat. § 471.59 has
<br />the statutory authority to "j ointly or cooperatively exercise any power common to the contracting
<br />parties [i.e., the Member Cities];" and '
<br />WHEREAS, the definition of a"City" is defined under the Franchises to include, among
<br />other entities, the lawful designee of the Member Cities; and
<br />WHEREAS, the Commnission was established by the Amended North S�burban Cable
<br />Cornrnission Joint and Cooperative Agreement for the Administration of a Cable
<br />Communications System, dated June 1990 (the "Joint Powers Agreement"), to monitor
<br />Comcast's performance, aetivities and operations under the Franchises and to coordinate,
<br />administer and enforce the Member Cities' Franchises, among other things; and
<br />WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as
<br />amended (the "Cable Act"), 47 U.S.C. § 546(a)(1), provides that if a written renewal request is
<br />submitted by a cable operator during the 6-month period which begins with the 36th month
<br />before franchise expiration and ends with the 30th month prior to franchise expiration, a
<br />franchising authority sha11, witthin six months of the request, commence formal proceedings to
<br />identify the future cable-related community needs and interests and to review the performance of
<br />the cable operator under its franchise during the then current franchise term; and
<br />WHEREAS, by letters dated October 1 l, 2010, and Noveinber 23, 2010, from Comcast
<br />to the Member Cities, Comcast invoked the formal renewal procedures set forth in Section 626
<br />of the Cab1e Act, 47 U. S.C. § 546; and
<br />WHEREAS, the Member Cities informed the Commission, by resolution, that they want
<br />it and/or its designee(s) to commence, manage and conduct the formal renewal process specified
<br />in Section 626(a)e(g) of the Cable Act, 47 U.S.C. § 546(a)-(g), on their behalf; and
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