HomeMy WebLinkAbout2020-025CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2020-025
PRELIMINARY ASSESSMENT THAT THE COMCAST OF MINNESOTA, INC.
CABLE FRANCHISE SHOULD NOT BE RENEWED
WHEREAS, The City of Lake Elmo is a member of the Ramsey/Washington Counties
Suburban Cable Communications Commission II (hereinafter "RWSCC") a Joint Powers
Commission organized pursuant to Minn. Stat. § 471.59, as amended, and includes the
municipalities of Birchwood, Dellwood, Grant, Lake Elmo, Mahtomedi, North St. Paul, Oakdale,
White Bear Lake, White Bear Township and Willernie, Minnesota ("Member Municipalities");
WHEREAS, the Member Municipalities enacted separate ordinances and entered into
individual agreements authorizing MediaOne North Central Communications Corp. to provide
cable service (collectively, the "Franchises");
WHEREAS, as a result of several transfers of the Franchises, Comcast of Minnesota, Inc.,
("Comcast") currently holds the Franchises in the Member Municipalities;
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 a 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 formal proceedings to identify the
future cable -related community needs and interests and to review the performance of the cable
operator under its franchise during the then current franchise term;
WHEREAS, Comcast involved the formal renewal procedures set forth in Section 626 of
the Cable Act, 47 U.S.C. § 546;
WHEREAS, the Joint Powers Agreement empowers the Commission and/or its
designee(s) to conduct the Section 626 formal franchise renewal process on the Member Cities'
behalf and to take such other steps and actions as are needed or required to carry out the formal
franchise renewal process;
WHEREAS, the Commission commenced formal franchise renewal proceedings under
Section 626(a) of the Cable Act, 47 U.S.C. § 546(a), and authorizing the Commission or its
designee(s) to take certain actions to conduct those Section 626(a) proceedings;
WHEREAS, RWSCC performed a needs assessment of the Member Municipalities' and
their communities' present and future cable -related needs and interests and has evaluated and
continues to evaluate Comcast's past performance under the Franchises and applicable laws and
regulations, all as required by Section 626(a) of the Cable Act, 47 U.S.C. § 546(a);
WHEREAS, the Commission's needs ascertainment and past performance review included the
Report on Cable -Related Needs and Interests and System Technical Review Within the Ramsey
Washington Suburban Cable Commission Franchise Area, dated August 30, 2017, by CBG
Communications, Inc.; Constance Ledoux Book, Ph. D., Telecommunications Research Corporation;
Carson Hamlin, Media Integration Specialist; and Issues and Answers Telephone Research Firm
("CBG Report"); and in addition, the Commission reviewed its own files and conducted certain
investigations as to needs and interests and past performance, and drew upon publicly available
information regarding industry and area trends;
WHEREAS, based on its needs ascertainment and past performance review, RWSCC staff
prepared a "Request for Renewal Proposal for Cable Franchise" ("RFRP") that summarizes the
Member Municipalities' and their communities' present and future cable -related needs and
interests, establishes requirements for facilities, equipment and channel capacity on Comcast's
cable system and includes model provisions for satisfying those requirements and cable -related
needs and interests; that identified past non-compliance issues, and provided Comcast a further
opportunity to correct them; and included a model franchise with terms and conditions;
WHEREAS, RWSCC and Comcast engaged in informal renewal negotiations pursuant to
47 U.S.C. § 546(h) but are currently unable to arrive at mutually acceptable terms;
WHEREAS, RWSCC established November 11, 2019 as a deadline for Comcast's
response to the RFRP;
WHEREAS, RWSCC and Comcast agreed to extend certain deadlines including the
deadline for Comcast to respond to the RFRP; and on or about December 13, 2019, Comcast
submitted to RWSCC its Response to Ramsey Washington Counties Suburban Cable
Communications Commission II's Request for Renewal Proposal for Cable Franchise ("Comcast
Proposal");
WHEREAS, RWSCC reviewed the Comcast Proposal and based on that review made a
preliminary assessment that the Franchises should not be renewed, as set forth in Resolution
2020-01, ("RWSCC Resolution") and recommended that each Member Municipality confirm
and issue a preliminary assessment that the franchise not be renewed;
WHEREAS, RWSCC has proposed Rules for the Conduct of an Administrative Hearing,
attached to the RWSCC Resolution as Exhibit B and asked each Member Municipality to confirm
those rules.
NOW THEREFORE BE IT RESOLVED BY THE CITY OF LAKE ELMO.
Section 1. The City of Lake Elmo hereby issues a preliminary assessment that the
franchise should not be renewed, and the actions of the RWSCC affirmed.
Section 2. Exhibit A to the RWSCC Resolution is adopted and incorporated herein, and
sets out grounds for the preliminary denial, and the which of the categories of issues set out in 47
U.S.C. § 546(c)(1) may be raised in any formal administrative proceeding.
Section 3.
Exhibit B, the Rules for Conduct of an Administrative Hearing are confirmed and may be used
for conduct of the proceeding. To remove any doubt, the RWSCC is authorized to make such
changes to the Rules as may be necessary or appropriate for the conduct of the proceeding
without seeking further authorization from The City of Lake Elmo.
Section 4. RWSCC shall provide such notices as may be required and promptly
commence the administrative proceeding required by law.
Section 5. The proceeding maybe delayed by agreement, subject to ratification by
the Member Municipalities. The proceeding may be terminated if an agreement is reached
as to renewal, or if Comcast determines it does not wish an administrative hearing on its
application
Adopted by the City Council of the City of Lake Elmo, Mi 4th f March, 2020.
Mike Pearson, Mayor
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