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J <br />J <br />o <br />RESoLUTToN No. <br />t4-052 <br />Sr¿,rB or MrNxnsora <br />CouNry orRavrsBy <br />Crry or NnwBnrcHToN <br />RESOLUTION SUPPORTING THE PRELIMINARY ASSESSMENT THAT THE <br />COMCASTOF MINNESOTA, INC. CABLE FRANCHISE RENEV/AL SHOULD NOT BE <br />RENEWED <br />AS, the City of New Brighton (the "City"), is a Member City of the North Suburban Cable <br />ission, d/blaThe North Suburban Communications Commission (the "Commission"), a Joint <br />ers Commission organized pursuant to Minn. Stat. $ 477.59, as amended, and includes the <br />icipalities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New <br />ton, North Oaks, Roseville, St. Anthony, and Shoreview, Minnesota (hereinafter, collectively <br />"Member Cities"); and <br />EREAS, a Joint Powers Commission organized pursuant to Minn. Stat. $ 471.59 has the <br />any power common to the contracting partiesauthority to 'Jointly or cooperatively exercise <br />the Member Cities;" and <br />EREAS, the Commission was established by the Amended North Suburban Cable Commission <br />and Cooperative Agreement for the Administration of a Cable Communications System, dated <br />1990 (the "Joint Powers Agreement"), to monitor Comcast's performance, activities and <br />ions under the Franchises and to coordinate, administer and enforce the Member Cities' <br />ises, among other things; and <br />EREAS, The North Suburban Communications Commission acts on behalf of its Member Cities, <br />uding the City, to monitor the operation and activities of cable communications and to provide <br />ination of administration and enforcement of the franchises of the Member Cities; and <br />REAS, the City enacted an ordinance and entered into an agreement authorizing MediaOne <br />h Central Communications Corp.to provide cable service (the "Franchise"); and <br />EREAS, as a result of several transfers of the Franchise, Comcast of Minnesota, Inc., <br />') currently holds the Franchise in the City; and <br />EREAS, Section 626(a)(l) of the Cable Communications Policy Act of 1984, as amended (the <br />Act"), 47 U.S.C. $ 5a6(a)(1), provides that if a written renewal request is submitted by a cable <br />during the 6-month period which begins with the 36th month before franchise expiration and <br />with the 30th month prior to franchise expiration, a franchising authority shall, within six <br />of the request, commence formal proceedings to identify the future cable-related community <br />and interests and to review the performance of the cable operator under its franchise during the <br />current franchise term; and <br />EREAS, by letters dated October 1I,2010, and November 23,2010, from Comcast to each of <br />Comcast invoked the formal renewal procedures set forth in <br />$ 546; and <br />Member Cities, including the City, <br />ion626 of the Cable Act,47 U.S.C.