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R2006-93 PRELIMINARY ASSESSMENT
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R2006-93 PRELIMINARY ASSESSMENT
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Last modified
11/3/2015 8:22:16 AM
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11/3/2015 8:22:15 AM
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Resolution/Ordinance
Res Ord Num
R2006-93
Res Ord Title
PRELIMINARY ASSESSMENT THAT INSIGHT COMMUNICATION MIDWEST LLC'S FRANCHISE SHOULD NOT BE RENEWED
Approved Date
7/3/2006
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. <br /> WHEREAS, the City has published a notice in the Decatur Herald & Review <br /> notifying the public that the Proposal of Insight has been received and was placed on file for <br /> public inspection in the City Clerk's office, and that written public comments may be submitted <br /> to the City Clerk on or before 4:00 P.M. this date, or that public comment may be made directly <br /> to the City Council at its regularly scheduled meeting this date; <br /> WHEREAS, the City has prepared an analysis of Insight's Proposal attached hereto <br /> as Exhibit 1 identifying with particularity whether Insight's Proposal is acceptable or <br /> unacceptable as it relates to the City's Needs Assessment; and <br /> WHEREAS, the City Council, has carefully considered all public comment including <br /> that contained within the Needs Assessment, the Proposal and the attached analysis. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF DECATUR, ILLINOIS: <br /> Findings of Fact <br /> Section 1. Each of the above recitals is hereby incorporated as a finding of fact by the <br /> City. <br /> Section 2. Insight's Proposal fails to meet the City's future cable-related community <br /> needs and interests taking into account the cost of ineeting such needs and interests. <br /> Section 3. The basis for the City's preliminary assessment that Insight's Proposal <br /> fails to meet the City's identified needs and interests is set forth in Exhibit 1 attached hereto and <br /> incorporated by reference. <br /> Section 4. The City will provide Insight an opportunity to respond to this resolution <br /> and shall thereafter establish a timeline for the commencement of an administrative hearing <br /> pursuant to 47 U.S.C. § 546(c), if requested by Insight. <br /> Section 5. At any administrative hearing requested by Insight the City will ensure <br /> that Insight is afforded a fair opportunity for full participation including the right to introduce <br /> evidence, to require the production of evidence and to question witnesses. <br /> Section 6. The City hereby reserves all of its rights under applicable law to similarly <br /> introduce evidence, require the production of evidence and to question witnesses at an <br /> administrative hearing. <br /> Section 7. The City shall ensure that a transcript of the administrative hearing shall <br /> be made and a written decision following completion of the administrative hearing shall be <br /> issued granting or denying Insight's Proposal based on the record of the proceeding. <br />
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