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Home My WebLink About2001-061 Council Resolution• Council Member 0' Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 2001-61 A RESOLUTION CONCERNING THE REACTIVATION OF FORMAL RENEWAL PROCEEDINGS UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED. WHEREAS, The City of Lino Lakes, ( "City ") entered into a cable television franchise agreement ( "Franchise Agreement") with Group W Cable of the North Central Suburbs, Inc. (d/b /a Meredith Cable Company) dated August 22, 1983, to provide cable television service within the territorial limits of the City ( "Franchise "); and • WHEREAS, as a result of several transfers of the Franchise, MediaOne North Central Communications Corp., d/b /a AT &T Broadband ( "AT &T Broadband ") is the current holder and owner of the Franchise; and WHEREAS, the North Metro Telecommunications Commission (the "Commission ") was organized pursuant to Minn. Stat. § 471.59, as amended, for the purpose of coordinating, administering and enforcing the Franchise on behalf of the City and the other member cities; and WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as amended (the "Cable Act"), 47 U.S.C. § 546(a)(1), provides that if a written renewal request is submitted by the cable operator during the 6 -month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence proceedings to identify • • • • the future cable - related community needs and interests, and to review the performance of the cable operator under the franchise during the then current franchise term; and WHEREAS, by letter dated September 9, 1995, Meredith Cable Company requested that the City and the Commission commence renewal proceedings in accordance with Section 626(a)(1) of the Cable Act, 47 U.S.0 §546(a)(1); and WHEREAS, the Commission and Meredith Cable Company entered into an agreement dated November 15, 1995, whereby the parties agreed to forego the Cable Act's formal renewal procedures, and to toll all Section 626 procedural timelines in order to pursue the informal renewal process pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h) (the "Standstill Agreement "); and WHEREAS, the Standstill Agreement is binding upon AT &T Broadband; and WHEREAS, the Standstill Agreement permits the Commission to reactivate the formal renewal process set forth in Section 626(a) -(g) of the Cable Act, 47 U.S.C. § 546(a) -(g), at any time, upon notifying AT &T Broadband in writing; and WHEREAS, informal renewal negotiations have been ongoing for a number of years and have not produced a renewal franchise agreement that satisfies the community's future cable - related needs and interests, taking the cost of such needs and interests into consideration; and WHEREAS, the City and the Commission are desirous of reactivating the formal renewal process and commencing the renewal proceedings specified in Section 626(a) of the Cable Act, 47 U.S.C. § 546(a); and WHEREAS, the City desires that such proceedings be conducted through the Commission; and • • • WHEREAS, the Commission is authorized by the Joint and Cooperative Agreement for the Administration of a Cable Communications System to conduct the Section 626(a) proceedings and to take such other steps and actions as are needed or required to carry out the formal renewal process; and WHEREAS, the Commission, on behalf of the City, must provide the public with notice of, and an opportunity to participate in, proceedings under Section 626(a) of the Cable Act, and such proceedings may involve collection and analysis of information from AT &T Broadband, the public and other interested parties and may require a series of public hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, THAT: Section 1. The Commission is authorized and directed to notify AT &T Broadband, in writing, that it is reactivating the formal renewal process and commencing formal franchise renewal ascertainment proceedings under Section 626(a) of the Cable Act, 47 U.S.C. § 546(a). Section 2. The Commission shall conduct proceedings in accordance with Section 626(a) of the Cable Act, 47 U.S.C. § 546(a), and shall take such other steps and actions as are needed or required to carry out the formal renewal process. Section 3. The Commission shall provide the public with notice of, and an opportunity to participate in, proceedings conducted under Section 626(a) of the Cable Act, 47 U.S.C. § 546(a). • • • Section 4. The Commission shall conduct proceedings in accordance with Section 626 of the Cable Act, including (but not limited to) establishing procedures and dates for AT &T Broadband's submissions of information and for the conduct of any hearings and any other information- gathering in connection with the Section 626 proceedings, and shall take such further steps as may be required to ensure that the public interest is fully protected. Section 5. The Commission shall establish procedures and dates for the conduct of any hearings related to the Section 626(a) proceeding and shall establish procedures and dates for submission of testimony and other information in connection with the proceeding. Section 6. The Commission shall request AT &T Broadband to submit such information as may be deemed appropriate in connection with the proceeding, to gather such other information from other persons or sources as may be deemed appropriate, and to take such further steps as may be required to ensure the public's interests are fully protected. Section 7. The Commission reserves, on behalf of the City, to the full extent permitted by law, all of its rights with respect to deteiuiining whether to renew the Franchise. Section 8. The Commission shall keep the City Council fully apprised of the status and progress of the formal renewal process. • • • ADOPTED by the Lino Lakes City Council on the 23rd day of April, 2001. ATTEST: Ry -Chel Gaustad, CMC City Clerk By: •— J Cktik' oh . Bergeson, ayor The motion for adoption of the forgoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor: Bergeson, Carlson, Dahl, O'Donnell, Reinert The following voted against: none Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 4 A STAFF MEMBER Daniel Tesch, Director of Administration DATE 23 April 2000 SUBJECT Resolution 2001 -61 VOTE REQUIRED Simple Majority BACKGROUND For the past several years, the North Metro Telecommunications Commission has pursued an informal franchise renewal process with AT &T Broadband for cable related services in our eight - city franchise area. An informal renewal process is stipulated in Section 626(h) of the Cable Act. To date, an agreement that satisfies the community's future cable related needs and interests has been produced. Therefore, the commission is notifying AT &T Broadband that it is reactivating the formal renewal process. A resolution is required of each member city. OPTIONS • 1. Approve Resolution 2001 -61 activating the formal franchise renewal process. 2. Deny Resolution 2001 -61. RECOMMENDATION One