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12-14-2015 Council Packet
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12-14-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/14/2015
Council Meeting Type
Regular
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Section 5 <br />Applicable Federal, State and Local Legal Requirements <br />The applicable legal requirements for examining an initial franchise application are <br />contained in the Cable Communications Policy Act of 1984, as amended (the "Federal Cable <br />Act"), Chapter 238 of Minnesota Statues (the "Minnesota Cable Act"), and the City's Policies <br />and Procedures Governing Application, Review and Recommendations Regarding Grant of <br />Competitive Cable Franchises (the "Competitive Franchising Policies and Procedures"). The <br />specific procedures to be followed in soliciting and reviewing cable franchise applications are <br />contained in the Minnesota Statutes4 and the Competitive Franchising Policies and Procedures. <br />Substantive criteria the City may use in evaluating applications are set forth in the Competitive <br />Franchising Policies and Procedures and the Federal Cable Act. <br />Section 6 <br />State Cable Franchise Application Requirements <br />A. The State Cable Franchise Application Process <br />The Minnesota Cable Act, found in Minnesota Statutes Chapter 238, lays out the process <br />for granting an additional cable franchise. The following is a summary of the franchising <br />process found in Section 238.081: <br />➢ Publication of Notice. A notice of intent to franchise must be published once a week for <br />two successive weeks in a newspaper of general circulation. The statute identifies the <br />information required in the notice, such as (1) the name of the municipality making the <br />request; (2) the closing date for submission of applications; (3) a statement of the <br />application fee, if any, and the method for its submission; (4) a statement by the <br />franchising authority of the services to be offered; (5) a statement by the franchising <br />authority of criteria and priorities against which the applicants for the franchise must be <br />evaluated; (6) a statement that applications for the franchise must contain at least the <br />information required by state law; (7) the date, time, and place for the public hearing, to <br />hear proposals from franchise applicants; and (8) the name, address, and telephone <br />number of the individuals who may be contacted for further information. <br />➢ Written Notice. In addition to publishing the notice of intent to franchise in one or more <br />newspapers, a franchising authority must mail copies of the notice of intent to franchise <br />to any person it has identified as being a potential candidate for a franchise. <br />➢ Deadline for Application Submission. A franchising authority must allow at least 20 <br />days from the first date of published notice for the submission of franchise proposals. In <br />other words, the deadline for submitting franchise proposals cannot be earlier than 20 <br />days after the date that a jurisdiction's notice of intent to franchise was first published in <br />a newspaper of general circulation. <br />4 See Minn. Stat. § 238.081, Subd. 1-7. <br />3 <br />
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