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Concern with "CenturyLink's build -out commitment that appears to stand in direct <br />conflict with state law." Id. at 3. <br />Comcast also indicated that CenturyLink's record in other markets raised a concern that <br />CenturyLink's build -out will be based upon income considerations of the selected areas. Exhibit <br />5 at p. 3. However, no additional proof of that statement was submitted. <br />In raising one of the issues above, Comcast suggested that the competitive franchise <br />application process should essentially be the same as prior Comcast renewals and transfers. See <br />Exhibit 5 at p. 2. However, the FCC in its 621 Order found, <br />[I]ncumbent cable operators' purported success in the franchising <br />process is not a useful comparison in this case. Today's large <br />MSOs obtained their current franchises by either renewing their <br />preexisting agreements or by merging with and purchasing other <br />incumbent cable franchisees with preexisting agreements. For two <br />key reasons, their experiences in franchise transfers and renewals <br />are not equivalent to those of new entrants seeking to obtain new <br />franchises. First, in the transfer or renewal context, delays in <br />LFA consideration do not result in a bar to market entry. Second, <br />in the transfer or renewal context, the LFA has a vested interest in <br />preserving continuity of service for subscribers, and will act <br />accordingly. <br />621 Order at ¶ 29 (Footnotes omitted). The NMTC is following the process set forth in <br />Minnesota Statutes Section 238.081. The statute does not include considering an incumbent's <br />prior renewals and transfers. <br />Section 10 <br />Review of CenturyLink Cable Franchise Application <br />The NMTC Executive Director is responsible for reviewing cable franchise applications. <br />The Executive Director has reviewed the application and the entire public record, as well as all <br />relevant factors and applicable federal, state and local standards for reviewing a cable franchise <br />application. <br />1. The NMTC has substantially complied with state and local cable franchising application <br />requirements. <br />Publication of Notice. The NMTC fully complied with the state requirements (listed <br />above) for publishing a notice of intent to franchise. See Exhibit 1. There were no objections to <br />the NMTC's publication of the notice of intent to franchise. The local Competitive Franchising <br />Policies and Procedures call for a notice of intent to franchise be published after receipt of an <br />application. The state law anticipates publishing a notice of intent to franchise before receiving <br />an application. For example, the notice of intent to franchise must indicate a deadline for <br />receiving applications. Therefore, it was reasonable for the NMTC to publish a notice of intent <br />12 <br />