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HomeMy WebLinkAbout2007-055 CCRMember Kay Lasman moved its adoption: introduced the following resolution and RESOLUTION NO. 2007-55 RESOLUTION STATIN - OPPOSITION TO LEGISLATIVE PROPOSALS THAT REMOVE OR CHANGE CABLE TELEVISION AUTHORITY OF LOCAL GOVERNMEN 1 FROM CHAPTER 238 OF MINNESOTA STATE LAW 1 WHEREAS, the City Council of the City of Brooklyn Center is the official governing body elected to preserve and protect the best welfare and interest of the City and its citizens; and WHEREAS, the City of Brooklyn Center (herein "City"), in combination with its neighboring communities and in conform ance with Minnesota laws created a joint powers entity in 1971 to serve on behalf of the City ar.Jd its other member cities as a franchising authority for cable services, which joint powers entity Fs known as Northwest Suburbs Cable Communications Commission (herein "NWSCCC"); and WHEREAS, the City understands that considerable effort has been made in the State of Minnesota, and at a national level, to change and alter the legislative authority of local governments rights with respect to conti uing the right of local governments to franchise cable services, build-out requirements, public educational, and governmental access channels and funding and franchise fees; and WHEREAS, many communities throughout the country, including the City, have expended substantial sums to negotiate franchises that ensure that local needs are met, including the development of local community programs and televised public meetings of community interest and therefore, the City is concerned that proposals to eliminate franchising at the local level would eliminate the ability of the Ci}y to: • Cablecast City meetings; • Replace aging cable television equipment; • Provide the award-wi:ining local newscasts and community programming covering our franchise area; • Offer public access facilities to allow citizens to produce local, community- oriented and diverse programming services; • Ensure that all citizens of the community are offered access to cable television regardless of their income status or location; and WHEREAS, the City believes that all citizens and all areas of cities should have the same access to cable service regardles 3 of the economic condition of any of its citizens or the economic condition of any of a city's neighborhoods, and cable services and community programming need to be responsive to differing community interests and needs and local RESOLUTION NO. 2007-55 governments, not state or federal agencies, are in the best position to determine differing local needs and interests; and. WHEREAS, the City disagrees with the claims of the telecom industry that they should be allowed to provide video services to only the neighborhoods that they determine to be desirable and that local franchising processes and community channels and other community service requirements are a burden for new providers; and WHEREAS, Minnesota is recognized throughout the country for its leadership because it is one of the few states with a state-wide cable franchising process established by the Minnesota Cable Act, Chapter 238, providing uniform provisions and requirements applicable to all providers of cable services that must be followed by local governments; and WHEREAS, there is no significant evidence to suggest that the Minnesota Legislature needs to change the Minnesota law to accommodate the telecommunication providers or others seeking to provide competitive cable services inasmuch as it has not been demonstrated that the existing law is a burden, if reasonably applied, to any form of new entrant, including the telecommunication providers; and WHEREAS, the City in conjunction with other members of the NWSCCC strenuously objects to any proposals or policy recommendations that may be made by legislative committees or other special interest groups such as the telecom industry which would seek to alter provisions from Chapter 238 of Minnesota State Law changing local franchising authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The City hereby vigorously opposes any state or federal legislation that will reduce the right of local governments to approve and administer franchised cable services; to charge reasonable franchise fees for the use of the right-of-way; to establish benefit requirements including public, educational, and governmental access channels, including funding, facilities, and equipment for such channels; and to require dedicated capacity or institutional network systems for educational and governmental purposes. 2. The City respectfully requests that the Minnesota Legislature not remove or change provisions of Chapter 238 related to local franchising of cable service in. Minnesota State Law. 3. The City pledges to work together with the Minnesota Legislature and other interest groups to support policies it is believed will continue to protect the rights available to the City. 4. The City will support efforts directed against legislative change to ensure that all persons residing in the City will have unfettered access to all forms of information RESOLUTION NO. 2007-55 resources in the broadest range of rights and interests to ensure that those that use public rights-of-way and benefit from the use of public rights-of-way are continued to be obligated to provide compensation in the form of franchise fees, public, educational, and governmental access funding, and other support services as well as ongoing community needs requirements notwithstanding technological changes or advancements. 5. The City will submit this Resolution to the Minnesota Legislature and such other persons as the City believes are in a position to affect legal changes relating to the matters outlined herein. April 9. 2007 • Date Mayor ATTEST: V City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Dan Ryan, and Mark Yelich; and the following voted against the same: Mary O'Connor; whereupon said resolution was declared duly passed and adopted.