HomeMy WebLinkAboutCCRes_95-06No. R-95-06
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
Date: March 8. 1995
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ARESOLUTION IN SUPPORT OF PASSAGE OF THE MINNESOTA EMERGING
COMMUNICATIONS SERVICES ACT OF 1995
WHEREAS, the City of Falcon Heights is responsible for monitoring the operation and
activities of cable communications in the city, and
WHEREAS, the city provides coordination of administration and enforcement of the cable
franchise; promotes the development of locally produced cable television programming; and
conducts such other activities to ensure equitable and reasonable rates and service levels for the
citizens of the city; and
WHEREAS, it is the intent of the cable franchise to ensure the development and continued
operation of a cable communications system so that the city may achieve better utilization and
improvement of public services and contribute significantly to the communication needs of its
residents; and
• WHEREAS, in pursuit of these goals the city has granted to private interests the use of
public property and public right-of-way.
NOW, THEREFORE, at a regular meeting of the Falcon Heights city council dated March 8,
1995, the city endorses the "Minnesota Emerging Communications Services Act of 1995" and
encourages its adoption by the Minnesota State Legislature for the following reasons:
FINDINGS
Public property and public rights-of-way are valuable public assets and local authorities are
entitled to ensure that the public is benefitted, compensated, protected and able to access
and share in the use of any emerging communications services that makes use of those
public rights-of-way by a private for-profit provider.
2. There is a wide range of persons seeking to use public property and the public rights-of-
way to deliver video, voice and data services and all such persons should be treated
similarly by state and local authorities.
3. Existing state statutes do not adequately address these emerging communications services.
4. Local authorities are well equipped to analyze and implement the needs and interests of the
local citizen/consumer, and protect taxpayers' investment in public property and public
rights-of-way.
CONCLUSION
• The city concludes that local authorities must have the authority to require emerging
communications services utilizing public property and public rights-of-way to:
Obtain permits and comply with minimum state standards and existing local
standards for use of public property and public rights-of-way.
2. Prohibit redlining and uphold nondiscrimination standards.
3. Oversee the design of local communications infrastructure to ensure the meeting
of community needs which includes ensuring that a portion of the public capacity
being delivered on a city, county and school district specific basis as determined by
local authorities.
4. Allow local authorities to receive compensation for use of public property and public
rights-of-way.
The city further concludes that existing local authority must be implemented with local permitting
authority which:
1. Enforce compliance with financial, technical, legal and connectivity standards.
2. Authorizes local collection of fees to compensate local authorities for both the use
of and decrease in the value of public property and public rights-of-way as a result
• of the construction of and occupancy by emerging communications services.
3. Assures delivery of emerging communications services to local authorities and
school districts.
This resolution passed and adopted by the city this 8th day of March, 1995.
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Moved by: Gehrz Approved by: /~%`~ ,%~
Mayor
BALDWIN March 8, 1995
GEHRZ 4 In Favor Date
GIBBON TALBOT (absent) ~~ ,
HUSTAD 0 Against Attested by: ~--e--``-~--~~ C~:1.G--ti--~
JACOBS City Clerk
March 8, 1995
Date
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