HomeMy WebLinkAbout9A - Mediacom LLC
CITY COUNCIL AGENDA REPORT
AGENDA ITEM:
June 21, 1999 ~
:~ank Boyles, City Manag~'\Y t.,t,
CONSIDER APPROVAL OF RESOLUTION 99~ ESTABLISHING
JULY 19, 1999 AS A PUBLIC HEARING DATE TO CONSIDER A
REQUEST BY TRIAX MIDWEST ASSOCIATES TO ASSIGN
CABLE TELEVISION FRANCHISE RIGHTS TO MEDIACOM LLC.
MEETING DATE:
AGENDA #:
PREPARED BY:
DISCUSSION:
History
The City has previously received notice from Triax Midwest
Associates of their desire to transfer the cable television Franchise
Agreement to Mediacom, LLC.
On May 24, 1999, the City received a FCC for requesting City
consent to assign the Franchise to Mediacom. Enclosed with that
form was the completed application which is about 1.5" thick and is
being reviewed by attorney Brian Grogan.
Current Circumstances
According to Mr. Grogan, FCC rules provide that the City has up to 30
days from receipt of the above materials to determine if a public
hearing is necessary. By June 23, 1999, the City must decide.
The criteria for determining if a public hearing should be held are
determined by the City Council. In my estimation there is benefit to
conducting the public hearing both to learn more about Mediacom
and for Mediacom to learn more about the conditions associated with
our cable system.
Conclusion
If the Council decides that it is appropriate to conduct the public
hearing, it may do so within 30 days of today's meeting date. The
hearing must be preceded by 14 days published notice. A letter is
also to be forwarded to Triax and Mediacom notifying them of this
fact.
The hearing is recommended for July 19, 1999. The hearing may be
closed or continued from that date. Within 30 days of closing the
public hearing, the Council must deny or approve the request for
consent. Mr. Grogan's office will supply the appropriate resolutions
and closing documents.
162(l~~1iSE99'IDfi~U9ka:)<Mlnnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ISSUES:
ALTERNATIVES:
RECOMMENDED
MOTION:
The public hearing will provide an opportunity to exchange
information. The input received at the hearing would be combined
with the report Mr. Grogan's office is preparing regarding the transfer
request. The input from both will be the basis for the City Council's
final determination.
The City Council should determine if there is any notification it wishes
to provide above and beyond the minimum legal requirements.
(1) Adopt a motion to conduct a hearing on July 19, 1999 and direct the
staff to implement the appropriate notification actions.
(2) Adopt a motion not to conduct a public hearing.
Alternative (1).
I:\COUNCIL \AGNRPTS\99\0621_9A.DOC
LAW OFFICES
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MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
BRIAN T. GROGAN
(612) 347-0340
E-Mail: GroganB@moss-bamett.com
4800 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402-4129
TELEPHONE (6121 347-0300
FACSIMILE (6121 339-6686
June 4, 1999
VIA FAX AND U.S. MAIL
Mr. Frank Boyles
City Manager
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372-1714
Re: Assignment of Cable Television Franchise From Triax Midwest Associates, L.P.
("Triax") to Mediacom LLC ("Mediacom")
Our File No.: 39962.1
Dear Frank:
This letter will provide you with information on the procedural requirements under Minnesota
law that the City must follow regarding the assignment referred to above. According to
information available to us, the City of Prior Lake should have received the Federal
Communications Form 394 on May 24, 1999. If this is not correct, please advise me as soon as
possible. The dates that the City must meet under Minnesota law are determined from the date
that the Form 394 was received.
First, the City must decide no later than June 23, 1999 (30 days from the date of receipt ofthe
FCC Form 394) if a public hearing is necessary. Because your city council meets on the 1st and
3rd Monday of each month, this decision may be made at your June 21, 1999 city council
meeting. If a public hearing is deemed necessary, you will need to send a letter to your local
Triax Manager and Mediacom advising them that a public hearing will be held. We have
attached a draft letter for your review and use.
Second, the public hearing must take place within thirty (30) days after the determination is
made. Should your city council make the determination on June 21, 1999, the public hearing
may be scheduled for your July 19, 1999 City Council meeting. Please be advised that the notice
of public hearing must be published 14 days (July 5, 1999) in advance of the hearing. We have
also attached a draft of such notice for your review and use.
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MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Mr. Frank Boyles
June 4, 1999
Page 2
Third, the City must approve or deny the assignment request within thirty (30) days of closing
the public hearing. Weare in the process or reviewing the legal, technical and financial
qualifications of Mediae om LLC. We will then prepare a detailed report which will include our
recommendations to the City to approve or deny the assignment request. Should our
recommendation be to approve the request, a resolution and other appropriate closing
documentation will also be provided.
Should you follow the above recommended dates, we anticipate our report to the City with
regard to this proposed assignment will be submitted to your office in late July. If your City
decides to vary from the above dates, please let me know.
In addition, if your City has any special issues that you wish to have addressed with regard to the
cable television franchise, please indicate these in a letter to me. We can then address these
issues in any proposed Resolution.
As always, if you have any questions, feel free to call me.
Very truly yours,
13~
Brian T. Grogan
BTG/mac
enclosures
262302/1
(Date)
\ VI/
VIA FACSIMILE (612-440-9661)'and U.S. MAIL
Mr. Tom Bordwell
14162 Commerce Avenue
Suite 10
Prior Lake, MN 55372
Re: Assignment of Cable Television Franchise to Mediacom LLC
Dear Mr. Bordwell:
This letter is to inform you that the City of Prior Lake, Minnesota has decided to hold a public
hearing with regard to the above requested assignment to determine if the assignment will have
an adverse impact on cable television subscribers.
This hearing will be held on Monday, July 19, 1999 at 7:30 p.m. or as soon thereafter as it may
be heard at the Prior Lake, Minnesota City Hall. If you have any questions, feel free to contact
me or counsel for the City of Prior Lake, Minnesota on this issue, Brian Grogan at Moss &
Barnett, 4800 Norwest Center, 90 South ih Street, Minneapolis, MN 55402-4129. Mr.
Grogan's telephone number is (612) 347-0340.
Sincerely,
Frank Boyles
City Manager
cc: Brian T. Grogan, Esq.
Mr. Mark Stephan, CFO
Mediacom LLC
100 Crystal Run Road
Middletown, NY 10941
262318/1
NOTICE OF PUBLIC HEARING
The City Council for the City of Prior Lake, Minnesota, will be conducting a public hearing on
Monday July 19, 1999 at 7:30 p.m. or as soon thereafter as it may be heard at the City Hall in
Prior Lake, MN, Minnesota. The purpose of this public hearing is to consider the application to
assign the city's cable television franchise from Triax Midwest Associates, L.P. to Mediacom
LLC. The hearing will focus on the application submitted and the qualifications of the
Mediacom LLC.
All interested persons should appear at the above date and time.
Dated this (date) day of (month), 1999.
CITY OF PRIOR LAKE
By:
Frank Boyles
City Manager