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• <br />• <br />• <br />CITY OF LINO LAKES <br />RESOLUTION NO. 20-41 <br />RESOLUTION IN SUPPORT OF THE <br />PROTECT COMMUNITY TELEVISION ACT <br />WHEREAS, the City of Lino Lakes is a member of the North Metro Telecommunications <br />Commission (the "Commission"), a Joint Powers Commission organized pursuant to Minn. Stat. <br />§ 471.59, as amended, and includes the municipalities of Ham Lake, Spring Lake Park, Blaine, <br />Lexington, Circle Pines, Centerville and Lino Lakes, Minnesota (collectively the "Member <br />Cities"); and <br />WHEREAS, the Commission negotiates and manages the cable franchises agreements of the <br />Member Cities and operates North Metro TV, the local community public educational and <br />governmental ("PEG") access facility on behalf of the Member Cities; and <br />WHEREAS, North Metro TV provides coverage of local events, such as local high school <br />sporting events and most government meetings that local broadcast stations (i.e. WCCO, KSTP, <br />KMSP, and KARE) typically will not cover, and in light of a rapidly decreasing print media, <br />North Metro TV is the principal, and may soon be the sole, source for local residents to have <br />access to coverage of local events; and <br />WHEREAS, North Metro TV is funded through franchise fee and PEG fee revenues negotiated <br />in the cable franchise agreements; and <br />WHEREAS, the Member Cities require, as part of the cable franchise agreements, that cable <br />companies meet demonstrated community needs by providing non -monetary in -kind <br />contributions that benefit the Member Cities, local schools, public safety buildings, as well as <br />North Metro TV; and <br />WHEREAS, in 1984 Congress defined a franchise fee as a "tax, fee, or assessment" and, for the <br />past 35 years, it has been solely a monetary fee; and <br />WHEREAS, last year the FCC departed from the clear language of the Cable Act and ruled that <br />a franchise fee is both a monetary and non -monetary fee and permits cable companies to <br />unilaterally assign a value to the non -monetary in -kind contributions and then subtract that <br />amount from the franchise fees the cable operator pays the local community; and <br />WHEREAS, the FCC order results in decreased vital funding to the Member Cities and North <br />Metro TV; and <br />WHEREAS, the Protect Community Television Act (currently S. 3218/HR 5659) has been <br />introduced in Congress and its goal is to maintain the status quo by reversing the FCC order and <br />allowing franchise fees to be calculated as they have been for over 35 years as monetary only <br />fees; and <br />