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David G. Seykora <br />Vice President -Law & Public Policy. <br />AT~T Broadband <br />~~ <br />Facsimile: 651-493-5288 <br />10 River Park Plaza <br />St Paul , MN 55107-1219 <br />January 10, 2003 <br />Ms. Coralie A. Wilson VIA HAND DELIVERY <br />Executive Director <br />North Suburban Communications Commission <br />950 Woodfiill Dr. <br />Roseville, MN 55t 13 <br />Re: NOTICE OF DISPUTE AND CURE in Response to the <br />Notice of Franchise Violation dated December 12, 2002 <br />-Dear Ms. Wilson: <br />We are writing in response to your letter dated December 12, 2002 (the "Notice"), <br />in which you state that the North Suburban Communications- Commission <br />("Commission") has found that Comcast of Minnesota, Inc. (formerly MediaOne <br />- North Central Communications Corp.) ("Franchisee"), the current holder of the <br />cable franchise (the "Franchise") in each of the Commission's member- cities, is <br />in violation of Sections 8.3 and 8.5 0# the Franchise. Specifically, the letter raised <br />a dispute under our Franchise contending that the Franchisee has violated the <br />Franchise by 1) .ceasing to pay franchise fees on cable modem services as a <br />result of .such services being deemed information services by a Declaratory <br />Ruling adopted by the Federal Communications Commission ("FCC") on March <br />14, 2002,1 and 2) failing to provide complete gross revenue reports by not <br />reporting revenues collected with respect to cable modem services. This letter <br />vvi11 serve as ,Franchisee's Notice of Dispute and Cure in response to your Notice. <br />CONSUMER IMPACT <br />While, as shown below, we are fully prepared to engage in the legal process of <br />confirming the status and application of federal law, we are concerned about the <br />subscriber impact of the presumed goal of the Commission in issuing the Notice. <br />As you may recall, our implementation last spring of the Declaratory Rulinq <br />resulted in subscribers' cost to receive cable modem service being reduced by <br />• <br />' Inauirv Concerning Hioh-Speed Access to the Internet Over Cable and Other Facilities <br />Internet Over Cable Declaratory Ruling and ADOropriate Regulatory Treatment for Broadband <br />Access to the Internet Over Cable Facilities Declaratory Ruling and Notice of Proposed <br />Rulemaklna In GN Docket No. 00-185 and CS Docket No 02-52, FCC 02-77 (released March 15, <br />2002) ("Declaratory Rulin-g"). <br />Word 15040464.3 <br />Recycled Paper <br />