06-11-2014 Council Agenda - Laserfiche WebLink

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WHEREAS, the City and the other Member Cities informed the Commission, by resolution, that they want the Commission and/or its designee(s) to commence, manage and conduct the formal renewal process specified in Section 626(a)-(g) of the Cable Act, 47 U.S.C. § 546(a)-(g), on their behalf; and WHEREAS, the City has affirmed, by resolution, the Commission's preexisting authority under the Joint Powers Agreement to take any and all steps required or desired to comply with the Franchise renewal and related requirements of the Cable Act, Minnesota law and the Franchises; and WHEREAS, the Joint Powers Agreement empowers the Commission and/or its designee(s) to conduct the Section 626 formal franchise renewal process on behalf of the city and to take such other steps and actions as are needed or required to carry out the formal franchise renewal process; and WHEREAS, the Commission adopted Resolution No. 2011-02 commencing formal franchise renewal proceedings under Section 626(a) of the Cable Act, 47 U.S.C. § 546(a), and authorizing the Commission or its designee(s) to take certain actions to conduct those Section 626(a) proceedings; and WHEREAS, the Commission performed a detailed needs assessment of the Member Cities' and their communities' present and future cable-related needs and interests and has evaluated and continues to evaluate Comcast's past performance under the Franchises and applicable laws and regulations, all as required by Section 626(a) of the Cable Act, 47 U.S.C. § 546(a); and WHEREAS, the Commission's needs ascertainment and past performance review produced the following reports: The Buske Group's "Community Needs Ascertainment — North Suburban Communications Commission (Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony and Shoreview, Minnesota)" (July 15, 2013) (the "Needs Assessment Report'); Group W Communications, LLC's, telephone survey and report titled "North Suburban Communications Commission Cable Subscriber Survey (September 2011)" (the "Telephone Survey Reporti); CBG Communications, Inc.'s, "Final Report - Evaluation of Caneast's Subscriber System, Evaluation of the Existing hnstitutional Network and Evaluation of PEG Access Signal Transport and Distribution for the North Suburban Communications Commission" (July 2013) (the "Technical Review Report"); Front Range Consulting, Inc.'s, "Financial Analysis of Comcast Corporation 2012 SEC Form ICK" (May 2013) (the "Comcast Financial Report'); and Commission staff's "Report on Cable- Related Needs and Interests and the Past Performance of Comcast of Minnesota, Inc.," (July 22, 2013) (the "Staff Report ); and WHEREAS, based on its needs ascertainment, past performance review, best industry practices, national trends in franchising and technology, and its own experience, Commission staff prepared a "Request for Renewal Proposal for Cable Television Franchise" ("RFRP") that summarizes the Member Cities' and their communities' present and future cable-related needs and interests, establishes requirements for facilities, equipment and channel capacity on 2 2