HomeMy WebLinkAbout08-040 - ADMIN Resolution - City Council - 2008/03/03RESOLUTION NO. 08-040
CITY OF ST. LOUIS PARK, MINNESOTA
SUPPORTING LOCAL FRANCHISING PURSUANT TO CHAPTER 238 OF
MINNESOTA STATUTES AND FEDERAL LAW AND OPPOSING ANY
AMENDMENTS TO CHAPTER 238 THAT WOULD EVISCERATE LOCAL
AUTHORITY AND ESTABLISH A STATEWIDE FRANCHISING SCHEME
WHEREAS, the City Council of the City of St. Louis Park, Minnesota ("City") is the
official governing body elected to preserve, promote and protect the public welfare, health, safety
and interest of the City and its citizens; and
WHEREAS, the City is a franchising authority that is empowered to award non-exclusive
franchises for cable communications systems pursuant to Chapter 238 of Minnesota Statutes and
federal law; and
WHEREAS, Chapter 238 establishes certain requirements with which all cable operators in
the state must comply and promotes the fair and equitable treatment of all cable operators; and
WHEREAS, Chapter 238, as currently written, establishes certain safeguards and powers for
local governments with regard to: (i) compensation for the utilization of valuable and scarce public
rights-of-way; (ii) local control over the use of public rights-of-way, including (but limited to)
permitting, code enforcement, removal of abandoned property and restoration of public property;
(iii) the build -out of important broadband networks constructed by cable operators; and (iv) channel
capacity and other support for public, educational and governmental (PEG) access programming;
and
WHEREAS, Chapter 238, as currently written, establishes a simple and efficient process by
which telephone companies and other entities may apply for and receive a local cable franchise from
the City and other local franchising authorities; and
WHEREAS, the City supports competition in the delivery of multichannel video
programming services and is ready to accept and evaluate cable franchise applications from any
entity, consistent with federal, state and local laws, policies and requirements; and
WHEREAS, numerous competitive cable franchises have been granted by local franchising
authorities throughout the State of Minnesota pursuant to Chapter 238; and
WHEREAS, statewide cable franchising in other states has not resulted in vigorous wireline
video competition, lower prices, improved customer service or the widespread deployment of
advanced broadband networks; and
Resolution No. 08-040 -2-
WHEREAS, the City does not believe amendments to Chapter 238 are needed to promote
competition at this time, and that any such amendments could, among other things, destroy PEG
access facilities and programming thereby eliminating a primary source of media diversity, result in
forced access to public rights-of-way, eliminate local government authority to ensure that advanced
services and networks are widely available, reduce or eliminate bargained for compensation for the
use of local public rights-of-way, cause local cable -related needs and interests to go unmet, impair
existing local government contracts with cable operators and cause the quality of service to decrease.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park,
Minnesota that:
1. The City will support efforts directed against unwarranted amendments to Chapter
238 of Minnesota Statutes; and
2. The City urges the Minnesota Legislature and its appropriate committees in the
strongest possible manner to oppose any effort to amend Chapter 238 of Minnesota Statutes at this
time; and
3. Local cable franchising should be maintained, consistent with applicable law, as a
proven means of ensuring that local cable -related needs and interests are met, protecting consumer
interests, public safety, public rights-of-way and public property, promoting meaningful
multichannel video competition and ensuring that broadband networks and advanced services are
available throughout Minnesota communities, to the maximum extent feasible and consistent with
applicable law; and
4. Existing compensation for the use of public rights-of-way, including franchise fees,
financial and in-kind PEG support, PEG channel capacity and institutional networks, must be
preserved, and local governments must retain the authority to adjust such compensation, as needed,
to satisfy local needs and interests; and
5. Copies of this Resolution shall be distributed to the leadership of the Minnesota
Legislre and the state legislators representing the City; and
Reviewe
This Resolution shall become effective immediately upon its adoption.
Administration:
City Ma
Attest:
City Clerk
Ad
o. ; d by the City Council March 3, 2008
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