3.b. SWCSR 04-06-2017 - Laserfiche WebLink

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MEMORANDUM TO: Sherburne-Wright Counties Cable Commission FROM: Bob Vose DATE: April, 2017 RE: Franchise Renewal Overview To preserve significant renewal rights under the federal Cable Act, a cable operator must request renewal in writing 36-30 months prior to expiration. The franchise(s) expire in early 2020. Charter has given notice to some member cities (at least Buffalo and Maple Lake). In renewal, the franchising authority it to: a) identify future cable-related community needs and interests, and b)review the operator's past performance and franchise compliance. There is no time limit for completion, but the process must be initiated within six (6) months from the renewal request. The parties can also agree to proceed via informal negotiations. The Cable Act does not indicate how a franchising authority is to identify future needs or review past performance. Public hearings, financial or technical audits, or citizen surveys are often conducted. Consultants are often retained. Costs often exceed $50,000 and can be higher. Once needs are identified and past compliance reviewed, the franchising authority may establish a deadline for submission of a formal proposal including services, facilities and equipment to meet identified needs. Upon submission, the franchising authority must provide prompt public notice of the proposal and must renew or preliminarily deny within four(4) months of receipt. If the proposal is preliminarily denied, the operator can request administrative proceedings or the franchising authority may initiate them to consider: 1) whether the operator has substantially complied with the material terms of the franchise and law; 2) whether the quality of service, response to consumer complaints, and billing practices have been reasonable in light of community needs; 3) whether the cable operator has the financial, legal and technical ability to provide what's been proposed, and; 4) whether the proposal is reasonable to meet the future cable-related community needs and interests,taking into account the cost thereof. The operator must be given notice and opportunity for participation, including the right to introduce evidence, require production of evidence and question witnesses. A transcript must be made. Upon completion, the ALJ will typically produce recommended findings. The franchising authority then must renew or issue a written decision stating the reasons for denial. Last Time The franchises were last renewed in 2004 via informal negotiations. I was retained after several years of fruitless negotiation. The Commission did not hire outside consultants or produce a RJV-254155v1 1 SH255-1