2007-185 Council Resolution - Laserfiche WebLink

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• CITY OF LINO LAKES, MINNESOTA • RESOLUTION NO. 07-185 REGARDING THE APPROVAL OF A MODEL FRANCHISE ORDINANCE THAT CAN BE UTILIZED BY COMPETITIVE CABLE FRANCHISE APPLICANTS AND THE REAFFIRMATION OF THE NORTH METRO TELECOMMUNICATIONS COMMISSION'S AUTHORITY TO RECEIVE AND REVIEW ADDITIONAL CABLE FRANCHISE APPLICATIONS ON BEHALF OF THE CITY OF LINO LAKES WHEREAS, commencing in 1966, the Federal Communications Commission and later Congress codified a dual federal-local regulatory process for the regulation of cable services and cable systems that distinguished between matters of national and local concern; and WHEREAS, since 1905, local governments in Minnesota have had the authority to franchise companies seeking to use public rights -of -way for private profit. In 1973, this authority over cable communications systems was specifically codified in Minnesota Statutes Chapter 238; and WHEREAS, the City of Lino Lakes, Minnesota (the "City ") is a local cable franchising authority for purposes of federal and state law; and WHEREAS, under applicable law, the City may, without limiting any other powers it may possess, franchise cable communications systems and open video systems, regardless of the technologies or facilities utilized to provide multichannel video programming services; and WHEREAS, in light of advances in technology and the ability to offer multiple services over a single network, local exchange carriers, such as Qwest, and other entities are beginning to offer cable services across the country; and WHEREAS, the City, along with the municipalities of Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes, and Spring Lake Park, Minnesota, has established the North Metro Telecommunications Commission (the "Commission ") pursuant to a Joint and Cooperative Agreement; and WHEREAS, the member cities of the Commission, including the City, and have delegated to the Commission the authority, among other things, to monitor cable communications, to receive and review applications for cable service franchises and to make recommendations to the member cities concerning cable communications system franchise applications; and WHEREAS, the City wishes to promote competition in the delivery of cable services and to encourage the deployment of state -of -the -art broadband networks; and • WHEREAS, the City believes true and effective competition between cable service