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Home My WebLink AboutItem 06.ql Date November 15, 2013 Item No. FINDINGS OF FACT AND DECISION - CABLE TELEVISION FRANCHISE AGREEMENT VIOLATION, MARCUS CABLE PARTNERS L.P. D /B /A CHARTER COMMUNICATIONS Proposed Action Staff recommends adoption of the following motion: Move to approve the findings of fact and decision regarding a material franchise violation by Marcus Cable Partners L.P. d /b /a Charter Communications Passage of this motion will result in a decision by the City of Lakeville that Charter Communications has violated its franchise agreement. Overview Charter Communications operates a cable television system in the City of Lakeville under the authority granted by the City Council through a franchise agreement. It is alleged that Charter Communications has violated the franchise agreement by falling to pay an Educational and Governrnen taI Access Fee (EG Fee). The Council directed the City Attorney to prepare findings and a decision for City Council consideration at the November 18, 2013 Council meeting, in favor of a finding that a material violation did occur. The proposed findings and decision will be provided to the City Council at the Council meeting of November 18. Staff recommends the City Council review and approves passage of the findings and decision at that time. Primary Issues to Consider • What is alleged to have been violated in the franchise agreement? Supporting Information • Staff analysis of issues (to be attached as second page of report) Steve Mielke City Administrator Financial Impact: $ Budgeted: Y/N _Source: Related Documents (CIP, ERP, etc.): Notes: Council Report - Page 2 Primary Issues to Consider What is alleged to have been violated in the franchise agreement? It is alleged that Charter Communications has violated the franchise agreement by failing to pay an Educational and Governmental Access Fee (EG Fee). The City Council conducted a public hearing on November 4, 2013 to receive testimony on the matter. The Council directed the City Attorney to prepare findings and a decision for City Council consideration at the November 18, 2013 Council meeting, in favor of a finding that a material violation did occur. Subsequent to the public hearing, Charter Communications filed a lawsuit against the City of Lakeville seeking relief from Federal court.