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

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Creighton stated that in U.S.West proceeding in the face of our notifications and with out any material communication with us or with the member municipalities was administrative arrogance, .and a complete disregard for the Commissions authority as a administrative agency and for the Commission interpretation of it's resolutions and that failure to notify them that kind of action is intolerable. Creighton stated that in his opinion it will just lead to further problems in communications with U.S. West. Creighton also wanted to emphasize that all the local authorities have all been very Communicative. Mr. Gibbs has done his best to communicate, thus has Kathy Donnelly-Cohen and Kevin Griffin. This is not an issue with local representatives of Meredith Cable. They continue to be cooperative and communicative. Again, Creighton is recommending to the Commission that both Sanctions be implemented. Mr. Gibbs stated to the Commission that the fact that your client is seeking review of the Order does not render that order ineffective for the purposes of the consent condition. Mr. Gibbs then pointed out that in Section 1,102(b)(1) of the FCC's Rules states that a non-hearing action taken pursuant to a delegated authority shall, unless otherwise orderd by the designated authority, be effective upon release of the document containing the full text of such action. The full text of the order was released on October 18, 1996. Mr. Gibbs also stated that equally clear is Section 1.102Co)(1) of the FCC's Rules which states that if an application for the review of a non- hearing action is filed, the Commission (FCC) may in its discretion stay the effect of that action until its review if complete. This did not effect an automatic stay of the Order. A petition for reconsideration does not stay the effect of an order issued pursuant to delegated authority. D.C. Circuit Court of Appeals definitely resolved the question. The Court ruled that nothing in the Communications Act or its legislative history precludes the transfer of the license pending final action by the Commission. Mr. Gibbs stated that they are concerned that the Commission's recommended actions may simply be part of an attempt to hold the franchise holder hostage in an effort to gain advantage with respect to issues outside the scope of the proceedings. I I I I I ! I I I I I I I I I I I I I