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RETURN RECEIPT REQUESTED
April 17, 2001
Chairperson George Baxter
County of Weld
PO Box 758
Greeley, CO 80632
Dear Chairperson Baxter:
Galaxy Cablevision hereby requests that the County of Weld renew the Franchise Ordinance dated
December 18, 1988 as assigned and amended, whereby Galaxy Cablevision was granted a right to serve
the County of Weld. The franchise is due to expire on December 18, 2003.
We are making the request for renewal or extension at this time in order to comply with the guidelines of
the Cable Act of 1984. We believe this renewal can be accomplished by following the procedures of the
federal guidelines or by extending the expiration date of the present Franchise Ordinance. A copy of
Section 626 of the Cable Communications Policy Act of 1984 is enclosed.
We feel good about the cable service with which we have provided our subscribers over the years. We
continually upgrade not only our channel lineups, but our technical and customer service staffs as well.
Baced upon our record of quality service and cooperation with the public officials in the areas we service,
it is our hope that the County of Weld will grant a renewal or extension.
If you have any questions in this matter,please feel free to contact me at(573)472-8216.
Sincerely,
Peggy French
Enclosure
cc: Bryan Uptain, Area Regional Manager
Consent age d2
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1220 North Main Street • Sikeston, Missouri 63801 • (573) 472-Pone 0,01)9g
2001-1120
as modified by the Cable Television Consumer Protection and Competition Act of 1992
UNITED STATES CODE ANNOTATED TITLE 47. TELEGRAPHS, TELEPHONES, AND
RADIO TELEGRAPHS CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER V-A--CABLE COMMUNICATIONS
PART III--FRANCHISING AND REGULATION
§62 I [47 USC 54 I] General Franchise Requirements
§622 [47 USC 542] Franchise Fees
§623 [47 USC 543] Regulation of Rates
§624 [47 USC 544] Regulation of Services, Facilities, and Equipment
§624A [47 USC 544A] Consumer Electronics Equipment Compatibility
§625 [47 USC 545] Modification of Franchise Obligations
§626 [47 USC 5461 Renewal
§627 [47 USC 547] Conditions of Sale
§628 [47 USC 548] Development of Competition and Video Programming Distribution
626 147 USC 5461 Renewal
§626(a) [546(a)] Commencement of proceedings public notice and participation
§626(b) [546(b)] Submission of renewal proposals: contents: time
&626(c) [546(c)] Notice: renewal: preliminary assessment of nonrenewal: administrative review•
issues: hearing: written decision
§626(d) [546(d)] Basis for denial
§.626(e) (546(e)] Judicial review: grounds for relief
§6260) 15460.1] Finality of administrative decision
§626(g) [546(g)] "Franchise expiration" defined
§626(h) [546(h)] Alternative renewal procedures
§626(i) [546(1)] Conflict between revocation and renewal proceedings
§626(a) (546(a)l Commencement of proceedings; public notice and participation
(I) A franchising authority may, on its own initiative during the 6-month period which begins with
the 36th month before the franchise expiration, commence a proceeding which affords the public
in the franchise area appropriate notice and participation for the purpose of(A) identifying the
future cable-related community needs and interests, and (B) reviewing the performance of the
cable operator under the franchise during the then current franchise term. If the cable operator
submits, during such 6-month period, a written renewal notice requesting the commencement of
such a proceeding, the franchising authority shall commence such a proceeding not later than 6
months after the date such notice is submitted
(2) The cable operator may not invoke the renewal procedures set forth in subsections (b) through
(g) unless--
(A) such a proceeding is requested by the cable operator by timely submission of such notice; or
(B) such a proceeding is commenced by the franchising authority on its own initiative.
§626(a) ORIGINAL 1984 ACT TEXT
§626(b) (546(b)I Submission of renewal proposals; contents; time
(1) Upon completion of a proceeding under subsection (a) of this section, a cable operator
seeking renewal of a franchise may, on its own initiative or at the request of a franchising
authority, submit a proposal for renewal.
(2) Subject to §624 of this title, any such proposal shall contain such material as the franchising
authority may require, including proposals for an upgrade of the cable system.
(3) The franchising authority may establish a date by which such proposal shall be submitted.
§626(c) (546(c)( Notice; renewal; preliminary assessment of nonrenewal; administrative
review; issues; hearing; written decision
(I) Upon submittal by a cable operator of a proposal to the franchising authority for the renewal
of a franchise pursuant to subsection (b), the franchising authority shall provide prompt public
notice of such proposal and, during the 4-month period which begins on the date of the
submission of the cable operator's proposal pursuant to subsection(b) of this section, renew the
franchise or, issue a preliminary assessment that the franchise should not be renewed and, at the
request of the operator or on its own initiative, commence an administrative proceeding, after
providing prompt public notice of such proceeding, in accordance with paragraph (2) to consider
whether--
(A) the cable operator has substantially complied with the material terms of the existing franchise
and with applicable law;
(B) the quality of the operator's service, including signal quality, response to consumer
complaints, and billing practices, but without regard to the mix or quality of cable services or
other services provided over the system, has been reasonable in light of community needs;
(C) the operator has the financial, legal, and technical ability to provide the services, facilities, and
equipment as set forth in the operator's proposal, and
(D) the operator's proposal is reasonable to meet the future cable-related community needs and
interests, taking into account the cost or meeting such needs and interests.
(2) In any proceeding under paragraph ( I ), the cable operator shall be afforded adequate notice
and the cable operator and the franchise authority, or its designee, shall be afforded fair
opportunity for lull participation, including the right to introduce evidence (including evidence
related to issues raised in the proceeding under subsection (a) of this section), to require the
production of evidence, and to question witnesses. A transcript shall be made of any such
proceeding.
(3) At the completion of a proceeding under this subsection, the franchising authority shall issue a
written decision granting or denying the proposal for renewal based upon the record of such
proceeding, and transmit a copy of such decision to the cable operator. Such decision shall state
the reasons therefor.
§626(c) ORIGINAL 1984 AC'!'TEXT
§626(d) 1546(4)1 Basis for denial
Any denial of a proposal for renewal that has been submitted in compliance with subsection (b)
shall be based on one or more adverse findings made with respect to the factors described in
subparagraphs (A) through (D) of subsection (c)(I) of this section, pursuant to the record of the
proceeding under subsection (c) of this section. A franchising authority may not base a denial of
renewal on a failure to substantially comply with the material terms of the franchise under
subsection (c)(I)(A) of this section or on events considered under subsection (c)(1)(B) of this
section in any case in which a violation of the franchise or the events considered under subsection
(c)(I)(13) of this section occur alter the effective date of this subchapter unless the franchising
authority has provided the operator with notice and the opportunity to cure, or in any case in
which it is documented that the franchising authority has waived its right to..object, or the cable
operator gives written notice of a failure or inability to cure and the franchising authority fails to
object within a reasonable time alter receipt of such notice.
§626(d) ORIGINAL 1984 ACT TI'LX'I'
§626(e) I546(e)i Judicial review; grounds for relief
(I) Any cable operator whose proposal for renewal has been denied by a final decision of a
franchising authority made pursuant to this section, or has been adversely affected by a failure of
the franchising authority to act in accordance with the procedural requirements of this section,
may appeal such final decision or failure pursuant to the provisions of§635 of this title.
(2) The court shall grant appropriate relief if the court finds that--
(A) any action of the franchising authority is not in compliance with the procedural requirements
of this section; or
(B) in the event of a final decision of the franchising authority denying the renewal proposal, the
operator has demonstrated that the adverse finding of the franchising authority with respect to
each of the factors described in subparagraphs (A) through (D) of subsection (c)(l) of this section
on which the denial is based is not supported by a preponderance of the evidence, based on the
record of the proceeding conducted under subsection (c) of this section.
§626(f) [546(Q[ Finality of administrative decision
Any decision of a franchising authority on a proposal for renewal shall not be considered final
unless all administrative review by the State has occurred or the opportunity therefor has lapsed.
§626(g) 1546(g)) "Franchise expiration" defined
For purposes of this section, the term "franchise expiration" means the date of the expiration of
the term of the franchise, as provided under the franchise, as it was in effect on October 30, 1984.
§626(h) [546(h)[ Alternative renewal procedures
Notwithstanding the provisions of subsections (a) through (g) of this section, a cable operator
may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, and a
franchising authority may, after affording the public adequate notice and opportunity for
comment, grant or deny such proposal at any time (including after proceedings pursuant to this
section have commenced). The provisions of subsections (a) through (g) of this section shall not
apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal
pursuant to this subsection shall not affect action on a renewal proposal that is submitted in
accordance with subsections (a) through (g) of this section.
626(i) [546(1)] Conflict between revocation and renewal proceedings
Notwithstanding the provisions of subsections (a) through (h), any lawful action to revoke a cable
operator's franchise for cause shall not be negated by the subsequent initiation of renewal
proceedings by the cable operator under this section.
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