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06-74 - 10-17 - Oppostion to Legislative Proposal Remove Cable TV System Resolution 06-74 October 17, 2006 Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION STATING OPPOSITION TO LEGISLATIVE PROPOSALS THAT REMOVE CABLE TELEVISION SYSTEM BUILD-OUT PROVISIONS FROM CHAPTER 238 OF MINNESOTA STATE LAW WHEREAS, the City Council of the City of Golden Valley 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 Golden Valley (hereinafter "City"), in combination with its neighboring communities and in conformance with Minnesota laws created a joint powers entity to serve on behalf of the City and its other member cities as a franchising authority for cable services, which joint powers entity is known as Northwest Suburbs Cable Communications Commission (hereinafter"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 cable system build-out requirements, and management of local rights-of-way use, including the oversight, administration, and regulation of cable services; and WHEREAS, the City believes that all citizens and all areas of cities should have the same access to cable service regardless of the economic condition of any of its citizens or the economic condition of any of a city's neighborhoods; and WHEREAS, Minnesota Statutes Chapter 238 establishes uniform guidelines for the franchising, oversight and administration of cable systems and services, including requirements for build-out and to have services available to all persons residing in developed areas; 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 WHEREAS, the National League of Cities and the Minnesota League of Cities have opposed national legislation that does not contain build-out provisions; 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 policy committees or the Board of the League of Minnesota Cities or others which would seek to remove build-out provisions from Chapter 238 of Minnesota State Law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley, Minnesota, that: Resolution 06-74 - Continued October 17, 2006 1. The City respectfully requests that the League of Minnesota Cities reconsider its support of proposed Minnesota legislation which would remove the build-out provisions of Chapter 238, related to cable service of Minnesota State Law. 2. The City pledges to work together with the League of Minnesota Cities and other interest groups to support policies regarding change that it is believed will continue to protect the rights available to the City and other members of the NWSCCC and they are also willing and open to legislative change that may accommodate the needs and interests of others to the extent any such change is not contrary to the City or NWSCCC interests. 3. 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 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. 4. The City will submit this Resolution to the Executive Director's office of the League of Minnesota Cities, and such other persons as the City and members of the NWSCCC believe are in a position to affect legal changes relating to the matters outlined herein. 5. This Resolution becomes effective upon approval and adoption by the City Council for the City of Golden Valley. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Scanlon and Shaffer; and the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk.