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O'CON NOR & HAN NAN <br /> ATTORNEYS AT LAW <br /> Steve Sarkozy <br /> April 12, 1990 <br /> Page 7 <br /> ( 3) Fail to negotiate the transfer of the community program- <br /> ming function to the Commission, and aggressively <br /> regulate the providing of community programming <br /> services, including imposition of fines for the under- <br /> funding of the community programming commitment. This <br /> would no doubt result in an immediate filing of federal <br /> litigation as well as a formal Section 625 request for <br /> modification. <br /> The Commission determined that alternative number one, above, <br /> was in the best interests of the Member Cities, the subscribers <br /> to the cable system, and the access producers and users. <br /> They then proceeded to negotiate the settlement before you at <br /> this time. <br /> CONCLUSION <br /> • The Commission and its Member Cities have, since the - <br /> inception of the Commission approximately ten years ago, <br /> developed a strong belief in the potential of government, educa- <br /> tional, and community programming in the North Suburban area. <br /> From the original development of the Request for Proposals which <br /> included extensive requirements for government, educational, and <br /> community programming, the Commission has worked diligently to <br /> enforce the cable Franchise and to encourage development of com- <br /> munity programming by the cable company. <br /> Those goals have not been realized. After over two years of <br /> study (unprecedented in the metropolitan area) , the Commission <br /> has determined that an entity funded by the cable company but <br /> managed by representatives of the Member Cities would be the best <br /> vehicle for the effective development of community programming in <br /> the North Suburban area. Cities throughout the nation have <br /> arrived at the same conclusion and are proceeding to take over <br /> the community, programming function in their areas. <br /> Additionally, the Commission determined that in light of the <br /> split in the Federal Court jurisdictions over whether cable <br /> companies could be required to provide community programming at <br /> all, a lengthy, expensive, and risky Federal Court battle with <br /> • <br />