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voting shares. Additional details of the reorganization are set forth in the FCC Form 394, and <br />axe more fully described in the proposed consent resolution. <br />INFORMATION REVIEWED <br />The following were relied upon for this Report: <br />1. FCC Form 394 (transfer application) executed and delivered April, 2009, along with various <br />documents included on CD with the application. <br />2. Comments of the Minnesota Department of Commerce (MDOC) in Docket No. P5535, <br />56156; PA-09-560. <br />3. Various correspondence, a-mails and discussions with Charter officials concerning the <br />request. <br />STANDARD FOR REVIEW <br />The local franchise, state law, and federal laws and regulations all apply to review of <br />Charter's FCC Form 394 request. The Cable Communication Policy Act of 1984, as amended <br />by the 1992 Cable Act and Telecommunications Act of 1996 (collectively the "Cable Act") <br />establishes a national policy concerning the regulation of cable television systems. The Cable <br />Act establishes a 120 day period for review of FCC Form 394 and such other information <br />required by local law and the franchise. A requesting party must furnish such information as <br />may be reasonably requested relative to a franchise transfer. 47 C.F.R. 76.502. The Cable Act <br />preempts inconsistent state or local requirements. Accordingly, the cities have until August, <br />2009 to act on the request. <br />Under Minnesota Statutes, Section 238.083, the local franchising authority must give <br />prior consent to any "transfer of stock in a corporation so as to create a new controlling interest <br />in a cable communication system." The term "controlling interest" includes both a change in <br />majority stock ownership and a change in actual working control, however exercised. The <br />approval must be in writing and cannot be unreasonably withheld. Minn. Stat. § 238.083, Subds. <br />2 and 4. <br />2 <br />