R2007-14 RECOMMENDATION ON QUESTIONS OF LAW INSIGHT COMMUNICATIONS MIDWEST, LLC FRANCHISE RENEWAL

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WHEREAS, on August 22, 2006 Insight requested that the City commence an administrative hearing pursuant to 47 U.S.C. § 546(c); and WHEREAS, on December 4, 2006, the City adopted Resolution No. R2006-191 establishing scheduling order/administrative hearing; and WHEREAS, Insight has raised the following questions of law regarding the administrative hearing and has agreed that the neutral hearing officer may make a recommendation to the City Council regarding the resolution of the following questions of law: 1. Whether the administrative hearing will encompass all of the factors for renewal identified in 47 U.S.C. § 546 (c)(1); 2. Whether the administrative hearing will encompass future cable-related needs and interests of the City beyond those identified in the City's Needs Assessment. WHEREAS, the City wishes to authorize the neutral hearing officer to make recommendations to the City Council on questions of law which arise before or during the administrative hearing; and WHEREAS, the City wishes to determine the questions of law which have been raised by Insight. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Decatur as follows: SeCtiOn 1. Each of the above recitals is hereby incorporated within this resolution. SeCtion 2. The neutral hearing officer has been appointed to determine evidentiary objections and issue recommended findings of fact based upon the record of the administrative hearing. The neutral hearing officer may not determine any questions of law raised either before or during the administrative hearing as the resolution of any such questions of law is expressly reserved by the City Council. The neutral hearing officer may make recommendations to the City Council on questions of law. SeCtion 3. As to the questions of law raised by Insight, the City Council determines that: (a) The administrative hearing will encompass the factors for renewal identified in 47 U.S.C. §546(c)(1)(c) and (D); and, (b) The administrative hearing will encompass the future cable-related needs and interests of the City as identified in the City's Needs Assessment.