HomeMy WebLinkAboutCity Council Resolution 1984-124CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a special meeting of the
City Council of the City of Plymouth, Minnesota, was held on t e 27th
day of Februar 19 84 . The following members were present:
Mayor avenport, ouncilmembers Crain and Schneider
LrXI
Councilmember Schneider introduced the following Resolution and
moved its adoption:
RESOLUTION NO. 84-124
WHEREAS, provision of cable television service has proven to be a valuable
service to the City of Plymouth and holds areat promise to cities in the
United States; and
WHEREAS, the City of Plymouth and other local governments have had the
responsibility for franchising cable television systems in their cities and
for overseeing the implementation of those franchises once awarded; and
WHEREAS, the presence of a strong local governmental role in the overseeing of
franchise agreements has worked to insure that contractual obligations are
carried out and the public interest served; and
WHEREAS, the United States House of Representatives has been deliheratina on
. federal cable television legislation; and
WHEREAS, H.R. 4103, The Cable Communications Act of 1983, represents a shift
of control and oversight of local cable franchises from local government
control to federal government control; and
WHEREAS, the City of Plymouth does not necessarily oppose all cable
legislation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Plymouth,
Minnesota, opposes H.R. 4103, The Cable Communications Act of 1983, in its
present form and urges the United States House of Representatives to continue
its efforts to formulate cable legislation consistent with the following
goals:
1. That local and state governments not he limited in their option to
negotiate the definition of basic services and to regulate the rates
charged by cable television companies for basic service, should they
believe it to be in the public interest;
2. That at the time of franchise renewal, cities be able to obtain reasonable
upgrades of system hardware to "state-of-the-art" standards; be able to
refuse renewal to an operator which has given poor service during the life
of the franchise; be able to negotiate the purchase price of a cable
franchise when a municipality buys back a cable system or the system is
transferred to a third party through a forced sale; and that any court
. review will not be de novo and court review of renewal or nonrenewal
decisions be the same as that accorded other legislative decisions;
Resolution No. 84-124
Page Two
3. That all existing franchises and their terms and conditions and all
franchise processes in which a Request for Proposals has been issued he
grandfathered;
4. That the legislation protects cities from anti-trust liability for
compliance with federal law;
5. That any limitation on franchise fees not apply to fees, charges and taxes
charged to or through a cable operator as part of a larner class, for
example, utility user taxes;
6. That federal cable legislation not restrict the ability of cities to
require public, educational, governmental and leased access to cable
television;
7. That cable companies not be provided with the power to abrogate
contractual obligations based on a unilateral assertion of a "significant
change in circumstances"; and
8. That local governments not be restricted from municipal ownership and
operation of cable systems.
Adopted by the City of Plymouth on the 27th day of February, 1984.
Mayor
ATTEST:
The motion for the adoption of the foregoing Resolution was duly seconded by
Mayor Davenport , and upon vote beino taken thereon, the
following voted in favor t ereof: Mayor Davenport, Councilmembers Crain
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted