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3/14/2011 10:26:19 AM
Creation date
3/14/2011 10:25:05 AM
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Roseville City Council
Document Type
Council Resolutions
Meeting Date
2/28/2011
Resolution #
10881
Resolution Title
A Resolution Concerning the Commencement of Formal Renewal Proceedings Under the Federal Cable Communications Policy Act of 1984, as Amended
Resolution Date Passed
2/28/2011
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tolled if Comcast and the Commission enter into a lawful and binding tolling agreement <br /> ("Standstill Agreement"). <br /> Section 2. The Commission, Commission staff and/or their designee(s) are <br /> authorized to manage and conduct those formal franchise renewal proceedings specified <br /> in 626(a)(1) of the Cable Act, 47 U.S.C. §546(a)(1), and to take all steps and actions <br /> necessary or desired to conduct such proceedings and to comply with applicable laws, <br /> regulations, orders and decisions. <br /> Section 3. The Commission, Commission staff and/or their designee(s),may explore <br /> with Comcast the possibility of pursuing the informal renewal process under Section <br /> 626(h) of the Cable Act, 47 U.S.C. §546(h). If the Commission and Comcast decide to <br /> utilize the informal renewal process, the Commission, Commission staff and/or their <br /> designee(s) are authorized to enter into a Standstill Agreement, if appropriate or desired, <br /> to perform past performance and needs assessment reviews, to negotiate and <br /> communicate with Comcast concerning matters relating to the renewal and/or extension <br /> of the Franchise, and to take all other steps and actions necessary or desired to engage in <br /> the informal renewal process and/or to comply with applicable laws,regulations, orders <br /> and decisions. <br /> Section 4. The Commission, Commission staff and/or their designee(s) shall provide <br /> the public with notice of, and an opportunity to participate in, proceedings conducted <br /> under Section 626(a)(1) of the Cable Act, 47 U.S.C. §546(a)(1), unless those proceedings <br /> are tolled pursuant to a Standstill Agreement, in which case such notice and an <br /> opportunity to participate will only be required if the Standstill Agreement ceases to be <br /> effective or if the Cable Act's formal renewal process is re-activated in accordance with <br /> the Standstill Agreement. <br /> Section 5. The Commission, Commission staff and/or their designee(s)may establish <br /> procedures and dates for the conduct of any hearings related to the Section 626(a) <br /> proceedings or the informal franchise renewal process and may establish procedures and <br /> dates for the submission of testimony and other information in connection with such <br /> proceedings and the informal franchise renewal process. <br /> Section 6. The Commission, Commission staff and/or their designee(s) are <br /> authorized to request and require Comcast and its affiliates and subsidiaries to submit <br /> such information as may be deemed appropriate in connection with the Section 626(a) <br /> proceedings or the informal renewal process under Section 626(h), to the maximum <br /> extent permitted by the Franchise and applicable laws and regulations,to gather such <br /> other information from other persons or sources as may be deemed appropriate, and to <br /> take such further steps as may be needed or desired to ensure the City's,the <br /> Commission's,the North Suburbs Access Corporation's and the public's cable-related <br /> needs and interests are satisfied and fully protected consistent with applicable law. <br /> Section 7. The City reserves all of its rights, remedies and defenses with respect to <br /> determining whether or not to renew the Franchise, to the full extent permitted by law. <br />
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