06-11-2014 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JUNE 11, 2014 based on the results of the needs assessment as well as a RFRP. Bradley indicated that in following the formal renewal process, the NSCC presents the staff report and the RFRP to Comcast and asked them to respond. Bradley indicated that Comcast then submitted their franchise renewal proposal and staff as well as consultants reviewed that proposal and put together an Executive Summary. That information was submitted to NSCC which provided a recommendation to the member cities of a preliminary assessment to now renew. Bradley reported that five of the ten member cities have acted to not renew and two cities (Little Canada being one) will act this evening. Bradley reported that once the member cities have acted, Comcast can request the matter go before an ALJ, and the ALJ would then review the matter and submit findings to NCSS. NCSS would review those findings and has the ability to either adopt them or submit its own recommendations to the member cities. Bradley indicated that the entire process is a serious matter. He also noted that at any point the parties can get together informally and negotiate the contract. Bradley felt that this will happen and could happen parallel to the ALJ process. Bradley indicated that he will contact Comcast tomorrow to ask to continue the informal process. He indicated, however, that tonight the Council is being asked, as part of the formal process, to act on the preliminary assessment that the franchise not be renewed. With regard to what happens if the franchise is not renewed by the time it expires on November 23, 2014, Bradley indicated that the parties will discuss an extension of the current franchise. He noted that this has been done once before. Bradley indicated that without a franchise in place, Comcast cannot do business within the ten member city area. Blesener asked if Little Canada voted to accept Comcast's franchise offer and a better offer came in after that, would Little Canada be tied to the offer that was accepted. Bradley replied that it would. He again noted that the City has the option to either accept the Comcast offer this evening, or approve the preliminary assessment not to renew. Keis noted that Comcast is currently selling the franchise. Bradley replied that that was correct and anticipated that Comcast would be asking for a transfer of the franchise to a new cable operator. Bradley indicated that the pending sale was announced a couple of months ago, and the entity that is purchasing is now Midwest Cable. Bradley reported that a transfer process is another review process that NCSS. Once the application for transfer is submitted, NCSS will have 120 days to act on the application. The review will include an analysis of' the financial, legal, and technical qualifications of the new cable operator. A new operator would he required to comply with the franchise agreement in place. 6