06-11-2014 Council Agenda - Laserfiche WebLink

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May 23, 2014 Page 21 Formal franchise renewal would jointly decide the process for appointment of an administrative law judge. In what is an apparent attempt to maintain undue control over the process and prevent a fair hearing, the NSCC's counsel has said that the NSCC might "go another route" than an ALJ. The NSCC's counsel also recently attempted to put in place, by resolution from the NSCC, limited and improper "rules" designed to greatly restrict Comcast's ability to gather and present evidence at an administrative hearing. The NSCC adopted these rules over Comcast's objection on May 15. The rules that should apply are those outlined in the established rules governing administrative proceedings before an ALJ—which is what the NSCC agreed to do. Comcast will take all necessary measures to enforce its agreement and its procedural rights going forward. VI. Conclusion It bears repeating that according to the Cable Act's key legislative report, the purpose of the protections in the renewal section is to "ensure fan operator's initial) investment will not be jeopardized at franchise expiration without actions on the part of the operatorjuatlniing such a loss of luJ.sine s." (Emphasis added.) 'There is nothing remotely close to any action by Comcast that could justify losing its cable business in these communities and the billions it has invested in infrastructure and good will in this area. No court of law can find a denial justified, nor can it permit the procedural bias and Open Meeting Law violations that have ensued since this process began. For these reasons, Comcast urges the cities to accept Comcasts renewal proposal.