HomeMy WebLinkAboutCity Council Resolution 2007-094CITY OF PLYMOUTH
RESOLUTION NO. 2007-094
A RESOLUTION OF THE CITY OF PLYMOUTH, MINNESOTA
STATING OPPOSITION TO LEGISLATIVE PROPOSALS THAT
REMOVE OR CHANGE CABLE TELEVISION AUTHORITY OF LOCAL
GOVERNMENT FROM CHAPTER 238 OF MINNESOTA STATE LAW
WHEREAS, the City Council of the City of Plymouth 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 Plymouth (herein "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, and that joint powers entity is 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 continuing the right of local governments to
franchise cable services, build -out requirements, public, educational, and governmental
access channels and fiinding 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 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; and
• Ensure that all citizens of the community are offered access to cable
television regardless of their income status or location.
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 cable services
and community programming need to be responsive to differing community interests and
needs and local 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 Plymouth,
Minnesota, that:
SECTION 1:
1. 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 respectfidly 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
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.
SECTION 2: This Resolution becomes effective upon approval and adoption by
the City Council for the City of Plymouth.
Adopted by the City Council on February 27, 2007.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on February 27, 2007 with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk