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<br />Resolution 7734
<br />Feb 14, 2011
<br />Page 2
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<br />WHEREAS, the City intends to confirm the Commission’s pre-existing authority to take
<br />any and all steps required or desired to comply with the franchise renewal and related
<br />requirements of the Cable Act, Minnesota law and the Franchise in accordance with the broad
<br />powers granted to the Commission by the Amended North Suburban Cable Commission Joint
<br />and Cooperative Agreement for the Administration of a Cable Communications System, dated
<br />June 1990 (the “Joint Powers Agreement”); and
<br />WHEREAS, the Commission is empowered by Joint Powers Agreement to conduct the
<br />Section 626(a) proceedings on the City’s behalf and to take such other steps and actions as are
<br />needed or required to carry out the formal and informal franchise renewal processes; and
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<br />WHEREAS, the Commission, on behalf of the City, must provide the public with notice
<br />of, and an opportunity to participate in, formal renewal proceedings under Section 626(a) of the
<br />Cable Act; and
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<br />WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal
<br />process may involve the collection and analysis of information from Comcast (and its affiliates
<br />and subsidiaries), City agencies and departments, the Commission, the North Suburbs Access
<br />Corporation, the public and other interested parties, and may require one or more public hearings.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
<br />CITY OF MOUNDS VIEW, MINNESOTA, THAT:
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<br />Section 1. The City authorizes the Commission and its staff to commence formal
<br />franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of
<br />the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast and the Franchise, on the City’s
<br />behalf, pursuant to the powers granted to the Commission in the Joint Powers Agreement. These
<br />proceedings, and all applicable procedures, timelines and deadlines set forth in Section 626(a)-
<br />(g) of the Cable Act, 47 U.S.C. § 546(a)-(g), may be tolled if Comcast and the Commission enter
<br />into a lawful and binding tolling agreement (“Standstill Agreement”).
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<br />Section 2. The Commission, Commission staff and/or their designee(s) are
<br />authorized to manage and conduct those formal franchise renewal proceedings specified in
<br />626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or
<br />desired to conduct such proceedings and to comply with applicable laws, regulations, orders and
<br />decisions.
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<br />Section 3. The Commission, Commission staff and/or their designee(s), may explore
<br />with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of
<br />the Cable Act, 47 U.S.C. § 546(h). If the Commission and Comcast decide to utilize the
<br />informal renewal process, the Commission, Commission staff and/or their designee(s) are
<br />authorized to enter into a Standstill Agreement, if appropriate or desired, to perform past
<br />performance and needs assessment reviews, to negotiate and communicate with Comcast
<br />concerning matters relating to the renewal and/or extension of the Franchise, and to take all other
<br />steps and actions necessary or desired to engage in the informal renewal process and/or to
<br />comply with applicable laws, regulations, orders and decisions.
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<br />Section 4. The Commission, Commission staff and/or their designee(s) shall provide
<br />the public with notice of, and an opportunity to participate in, proceedings conducted under
<br />Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), unless those proceedings are tolled
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