HomeMy WebLinkAbout15-092 - ADMIN Resolution - City Council - 2015/07/06•
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RESOLUTION NO. 15-092
RESOLUTION REGARDING FINDINGS OF FACT
WITH RESPECT TO THE PROPOSAL OF
QWEST BROADBAND SERVICES, INC. D/B/A CENTURYLINK, INC.
FOR A CABLE COMMUNICATIONS FRANCHISE
RECITALS:
1 Qwest Broadband Services, Inc., d/b/a CenturyLink, Inc. ("CenturyLink") requested that
the City of St. Louis Park, Minnesota ("City") commence proceedings to consider the
award of a cable communications franchise to CenturyLink.
2. Minnesota Statutes Section 238.08(a) mandates that a city require a franchise for any
cable communication system providing service within the city.
3. Federal law at 47 U S.0 Section 541(a) provides that a city "may not unreasonably
refuse to award an additional competitive franchise."
4 The City retained the law firm of Moss & Barnett, a Professional Association, to assist
the City in conducting the procedure required under Minnesota Statutes Section 238.081
and reviewing any applications submitted to the City.
5. The City followed the franchise procedure required by Minnesota Statutes Section
238 081 by publishing once each week (May 14, 2015 and May 21, 2015) for two
successive weeks in the St. Louis Park Sun Sailor a Notice of Intent to Franchise a Cable
Communications System.
6. The Notice stated all eight (8) criteria outlined in Minnesota Statutes Section 238.081,
Subd. 2.
7 In addition to the published Notice, the City provided copies of the Notice of Intent and
the Official Application Form to CenturyLink and to the City's existing cable operator,
Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/ Tennessee, Inc.
("Comcast")
8. The City's Official Application Form required that proposals for a cable communications
franchise contain responses to each of the items identified in Minnesota Statute Section
238.081, Subd 4.
9. The City's closing date for submission of applications was set for June 8, 2015 which
complied with the statutory minimum of twenty (20) days from the date of first
publication.
10. Upon the deadline for submitting applications, June 8, 2015, the City received only one
(1) application, from CenturyLink.
to 11. The City Council determined to call a Public Hearing to consider the application received
from CenturyLink at its regularly scheduled July 6, 2015 meeting
Resolution No. 15-092 -2-
12 Prior to the Public Hearing the incumbent franchised cable operator serving the City,
Comcast, submitted a letter to the City setting forth Comcast's position regarding
CenturyLink's application
13 All interested parties were provided an opportunity to speak to the City Council and to
present information regarding this matter.
14. The City carefully reviewed all information and documentation presented to it regarding
CenturyLink's proposal and qualifications to operate a cable communications system
within the City.
15. Based on information and documentation made available to the City and the report dated
June 24, 2015 prepared by Moss & Barnett with respect to CenturyLink's application, the
City Council has reached conclusions regarding CenturyLink's legal, technical and
financial qualifications.
NOW THEREFORE, the City of St Louis Park, Minnesota hereby resolves as follows:
1. The City hereby finds that CenturyLink's application of June 8, 2015 complies with the
requirements of Minnesota Statute Section 238.081.
2. The City finds that CenturyLink possesses the requisite legal, technical and financial
qualifications to operate a cable communications system within the City.
3. City staff is authorized to negotiate with CenturyLink to attempt to reach mutually
acceptable terms for a cable television franchise to be introduced to the City Council for
consideration and action.
4. e City finds that its actions are appropriate and reasonable in light of the mandates
cr tamed in Chapter 238 of Minnesota Statutes and applicable provisions of federal law
inc'uding 47 U.S.C. Section 541(a).
Review
ministration:
Adopted by the City Council July 6, 2015
City M
Attest:
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City 1 rk P-AellkItLitt.,
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