Agenda - Council - 01/14/1997 - Laserfiche WebLink

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I I I I I ! I I I I I I I I I I I I I 7 7.1 O'Connell stated ARTICLE VI, Section 2 of the bylaws states that .The Choir ~hall be on ex-officio member of all ~tancting committee~ and shall have the general powers and duties of supervision and management v~ually ve~tcd in the office of president of a corporation. O'Connell suggested that if any Commission Member thinks the language needs to be strengthened or made more specific, to discuss the options with Legal Counsel and have new language drafted. A'I-TORNEY'S REPORT APPEAL OF FCC "RELIEF" RULING Tom Creighton stated that in order for U.S. West to purchase a cable system in their telephone service area (RBOC) they must receive a waiver from the FCC. The FCC Cable Bureau staff reviewed U.S. West's petition. Creighton has filed objections to their petitions. He requested authority to appeal that decision from staff and the Chair to the full federal commission. Those appeals where filed to the Federal Communications Commission. In addition, he requested a stay of the Cable Bureau's Order. Creighton had not heard anything from the FCC regarding the Order or the appeal. He is waiting for a decision from the FCC, if the decision is adverse, Creighton will then discuss with the various commissions the choices which they have. The cable company has 30 days after the FCC filing to decide if they want to appeal the decision to Federal District Court. The procedures for appeal would be to the U.S. Court of appeals. The Commission will have to decide or make that decision, but doesn't need to be done until the FCC has made their decision. Creighton stated that he is not sure how long the FCC decision will take. O'Connell stated that a copy of the appeal was sent out to the Commission Members on October 28, 1996. O'Connell then introduced to the Commission Directors John Gibbs, attorney from Robin, Kaplan, Miller & Ciresi. John Gibbs was present to represent the cable company and U. S. West. Mark Nagel recommended to the Commission that it give Creighton the authority to follow through on the appeal. Motion was made by Mark Nagel, seconded by Ryan Schroeder TO CONCUR WITH THE CHAIR IN THE FILING OF THE APPEAL. 7 ayes - 0 nays. Motion carried.