RES 14-038 Comcast Cable Franchise Not being Renewed

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CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 14-038 PRELIMINARY ASSESSMENT THAT THE COMCAST OF MINNESOTA, INC.CABLE FRANCHISE SHOULD NOT BE RENEWED WHEREAS, the City of St. Anthony Village (the "City"), is a Member City of The North Suburban Cable Commission, d/b/a The North Suburban Communications Commission (the "Commission"), a Joint Powers Commission organized pursuant to Minn. Stat. § 471.59, as amended, and includes the municipalities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview, Minnesota (hereinafter, collectively the "Member Cities"); and WHEREAS, a Joint Powers Commission organized pursuant to Minn. Stat. § 471.59 has the statutory authority to "jointly or cooperatively exercise any power common to the contracting parties i.e., the Member Cities;" and WHEREAS, the Commission was established by the Amended North Suburban Cable Commission Joint and Cooperative Agreement for the Administration of a Cable Communications System, dated June 1990 (the "Joint Powers Agreement"), to monitor Comcast's performance, activities and operations under the Franchises and to coordinate, administer and enforce the Member Cities' Franchises, among other things; and WHEREAS, The North Suburban Communications Commission acts on behalf of its Member Cities, including the City, to monitor the operation and activities of cable communications and to provide coordination of administration and enforcement of the franchises of the Member Cities; and WHEREAS, the City enacted an ordinance and entered into an agreement authorizing MediaOne North Central Communications Corp. to provide cable service (the "Franchise"); and WHEREAS, as a result of several transfers of the Franchise, Comcast of Minnesota, Inc., ("Comcast") currently holds the Franchise in the City; and WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as amended (the "Cable Act"), 47 U.S.C. § 546(a)(1), provides that if a written renewal request is submitted by a cable operator during the 6 -month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence formal proceedings to identify the future cable -related community needs and interests and to review the performance of the cable operator under its franchise during the then current franchise term; and