06-11-2014 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JUNE 11, 2014 how much Little Canada uses the institutional network. He indicated Comcast's intention to continue to provide it, but indicated that cities must recognize this on-going value. Coleman also stated that Federal Law says that cities cannot demand require Comcast to provide operational funding. Another point of misinformation that Coleman raised was that it has been said that the Comcast offer attempts to kill public access. Coleman indicated that Comeast is one of the most active supporters of public access around the country. He pointed out that under the Federal Cable Act, cable operators pay a maximum of 5% of the use of public rights-of- way. Comcast also pays a certain amount of PEG fees, and if that amount is not sufficient to support operating costs, Coleman suggested that cities pay those operating costs via decisions in how to use their franchise fees. Coleman suggested that with the amount of money that has been coming in for operating costs, cities should have some oversight of the NCSS budget and should weigh the level of public access operating costs against other public priorities. Coleman indicated that PEG support is not a part of the franchise, and current PEG fees are tied to a Memorandum of Understanding that includes a time limit relative to the current franchise. Coleman indicated that the Memorandum of Understanding will expire at the end of November and it is Comeast's intention not to continue paying PEG fees after that date. With regard to where the process is this evening, Coleman indicated that the Council is being asked by NCSS to vote on the preliminary denial of the Comeast franchise, thus denying Comcast the right to do business in Little Canada. At that point the Administrative Law Judge (ALJ) process will commence. Coleman pointed out that the ALJ process is not mediation. Coleman indicated that if the franchise renewal offered by Comcast is denied, Comcast believes this will alter their ability to have a fair process and will challenge the matter in court. Blesener indicated that he has read the 22 page document submitted by the law firm Robins, Kaplan, Miller & Ciresi, representing Comcast. Blesener indicated that after reading that document as well as other information, he has questions on both sides. Blesener agreed that the process as it is proceeding, is not normal. Mike Bradley, representing NSCC, appeared before the Council to present an overview of the renewal process. Bradley indicated that the cable operator requested renewal of the franchise about three years before it expired. At that point NSCC hired a consultant to do an assessment of technical, financial, and PEG needs. NSCC staff then put together a report 5