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07-16 - 03-06 - Opposition to Legislative Proposals to remove Cable TV Authority Resolution 07-16 March 6, 2007 Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION STATING OPPOSITION TO LEGISLATIVE PROPOSALS THAT REMOVE OR CHANGE THE CABLE TELEVISION AUTHORITY OF LOCAL GOVERNMENT UNDER 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 in 1971 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 government rights with respect to the ability to franchise cable services, set build-out requirements, require public, educational, and governmental access channels and require PEG 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. Therefore, the City is opposed to proposals to eliminate franchising at the local level, moderating the ability of the City to: • cablecast City meetings, • replace aging cable television equipment, • provide the award-winning 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 geographic areas of cities should have the same access to cable service regardless of the economic condition of the citizens or the neighborhoods in which they live; and WHEREAS, cable services and community programming need to be responsive to differing community interests and needs which are better served by local government than state or federal agencies; and Resolution 07-16 - Continued March 6, 2007 WHEREAS, the City disagrees with the claims of the telecom industry that local franchising processes and community channels and other community service requirements are a burden for new providers so that they should be able to provide video services only to selected neighborhoods; and WHEREAS, Minnesota is recognized throughout the country for its leadership in establishing a state-wide cable franchising process through 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 in as much as it has not been demonstrated that the existing law is a burden, if reasonably applied, to any new entrant, including the telecommunication providers; and WHEREAS, the City, in conjunction with other members of the NWSCCC, strenuously objects to proposals which seek to change local franchising authority through changes to provisions of Chapter 238 of Minnesota State Law. NOW, THEREFORE, be it resolved by the City Council of the City of Golden Valley, Minnesota, that: 1. 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; and 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; and 3. The City pledges to work with the Minnesota Legislature and other interest groups to support policies that will continue to protect the rights available to the City; and 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 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 continue 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; and Resolution 07-16 - Continued March 6, 2007 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. This Resolution becomes effective upon approval and adoption by the City Council for the City of Golden Valley. 0<- 1/(1,6U , %o5mc4) . Linda R. Loomis, Mayor ATTEST: ka41 (#) U/t/&LLg" Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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.