HomeMy WebLinkAbout1995-071 CCR1
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Member Kristen Mann introduced the following resolution and
moved its adoption:
RESOLUTION NO. 95 71
RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING
COMMUNICATIONS SERVICES ACT OF 1995"
WHEREAS, the City of Brooklyn Center is responsible for monitoring the
operation and activities of cable communications in the City; and
WHEREAS, the City provides coordination of administration and enforcement of
the cable franchise; promotes the development of locally produced cable television programming;
and conducts such other activities to ensure equitable and reasonable rates and service levels for
the citizens of the City; and
WHEREAS, it is the intent of the cable franchise to ensure the development and
continued operation of a cable communications system so that the City may achieve better
utilization and improvement of public services and contribute significantly to the communication
needs of its residents; and
WHEREAS, in pursuit of these goals the City has granted to private interests the
use of Public Property and Rights -of -Way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City endorses the "Minnesota Emerging Communications Services Act
of 1995" and encourages its adoption by the Minnesota State Legislature for the following
reasons:
FINDINGS
1. Public Property and Public Rights -of -Way are valuable public assets and Local
Authorities are entitled to ensure that the public is benefitted, compensated,
protected, and able to access and share in the use of any Emerging
Communications Services that makes use of those Public Rights -of -Way by a
private for profit provider.
2. There is a wide range of Persons seeking to use Public Property and the Public
Rights -of -Way to deliver video, voice, and data services and all such Persons
should be treated similarly by State and Local Authorities.
3. Existing state statutes do not adequately address these Emerging Communications
Services.
4. Local Authorities are well equipped to analyze and implement the needs and
interests of the local citizen /consumer, and protect taxpayers' investment in Public
Property and Public Rights -of -Way.
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RESOLUTION NO. 95 11
7/ 3 4'
Date
ATTEST: d t \4 `�nti n>
Deputy Clerk
CONCLUSION
The City concludes that Local Authorities must have the authority to require Emerging
Communications Services utilizing Public Property and Public Rights -of -Way to:
1. Obtain permits and comply with minimum state standards and existing local
standards for use of Public Property and Public Rights -of -Way.
2. Prohibit redlining and uphold nondiscrimination standards.
3. Oversee the design of local communications infrastructure to ensure the meeting
of community needs which includes ensuring that a portion of the public capacity
being delivered on a city, county, and school district specific basis as determined
by Local Authorities.
4. Allow Local Authorities to receive compensation for use of Public Property and
Public Rights -of -Way.
The City further concludes that existing local authority must be implemented with local
permitting authority which:
1. Enforces compliance with financial, technical, legal, and connectivity standards.
2. Authorizes local collection of fees to compensate Local Authorities for both the
use of and decrease in the value of Public Property and Public Rights -of -Way as
a result of the construction of an occupancy by Emerging Communications
Services to Local Authorities and School Districts.
The motion for the adoption of the foregoing resolution was duly seconded by member
Debra Hilstrom and upon vote being taken thereon, the following voted in
favor thereof: Myrna Kragness, Kristen Mann, Debra Hilstrom, and Kathleen Carmody;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.