06-11-2014 Council Agenda - Laserfiche WebLink

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May 23, 2014 Page 19 Formal franchise renewal kind support, must be maintained and enhanced as described herein and in the ,Staff Reports" (RFRP at p.38) The RFRP was built on this unlawful premise, and the NSCC has tried to use the formal process to put pressure on Comcast to acquiesce to that unlawful demand. It was a gamble—a misguided gamble that the cities will have to live with if they accept the NSCC's recommenda- tion. B. Untimely supplemental staff reports The NSCC staff, again behind closed doors, put together supplemental staff and consultant reports that purportedly set forth further review of Comcast's performance and community reeds. The NSCC's staff had Comcast's proposal in hand for five months and yet waited until less than one week before it voted on a resolution to make its supplemental reports public and give copies to Comcast. Comcast objected to the use by the NSCC of these untimely reports as part of its ascertainment or review or Comcast's past performance. Comcast has also objected to the way the Supplemental Staff Reports were purportedly "incorporated" into the resolution recommending denial, and to the resolution's lack of specificity as to the basis for denial. The resolution should have precisely stated the ground(s) on which denial is based. Comcast is entitled to know those grounds and the cities, one would hope, would be interested in the same thing. A better -drafted resolution would make the administrative process more cost-effective for all concerned because it would help focus evidence -gathering. Comcast requested actual findings stating the NSCC's reasons at the May 15 hearing, but the commissioners declined to elaborate. In addition, the Reports and previous staff comments are tinged with antagonistic rhetoric and improper motivations, including: • an argument that Comcast cannot charge the fair value for the 1 -Net because it would "serve to enrich Comcast's profits" (Supp. R. at 3); • a rationalization of the NSCC's demand for the 1 -Net based on merely saving the government from having paying for services unrelated to cable; (Supp. R. at 2) • an argument that Comcast should fund NSAC vocational training for videographers through NSCC franchising conditions, (Supp. R. at 6);