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two North Garalina communities impacted, including Orange County. There is no <br />additional cost to the County for participating in the appeal process, <br />At the request of Action Audits, staff has made a formal written request to TWC via <br />certified mail requesting release of the "1235 "financial data and again, as a <br />member of Triangle J, Orange County will be a part of any appeal process and any <br />subscriber refunds that may result pending data analysis. <br />As the BOCC is aware, staff has been engaged in facilitated negotiations (with the services of <br />Andy Sachs, Dispute Settlement Center) since the summer of 2004 in an effort to achieve a <br />mutually agreeable franchise renewal agreement with TWC, County and TWC <br />representatives have now held a total of eight facilitated sessions with focus on the <br />major substantive areas -density requirements for service extension and live-casting of <br />BOCC meetings (government access, capital equipment, and access fees). Periodic <br />reports have been made to the Cable Advisory Committee, the full BOCC, and to Commissioner <br />Halkiotis, the BOGC liaison, <br />At the session held on April 11, the "1235" and "de-regulation" issues were raised by the <br />County. TWC representatives admitted that while the timing of the de-regulation ruling was <br />unfortunate, it nullified the 1235 request, They expressed doubt that the appeal by Triangle .J <br />would lead to a reversal. They also said they could understand -but not necessarily agree with <br />-the motivation or methodology they felt lay behind the Triangle J appeal. <br />The next facilitated negotiation is scheduled to take place on May 17. The parties are hopeful <br />that a mutually satisfactory franchise renewal agreement can be brought forward far BOCC <br />consideration by the beginning of next fiscal year. <br />FINANCIAL IMPACT: There is no financial impact to receiving the presentation as information, <br />RECOMMENDATION(S): The Manager recommends that the Board receive the presentation <br />and provide any direction or feedback as desired, <br />