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WHEREAS, HR 5252 and S 2686 would permit companies that may not be financially, legally, or technically qualified to get a license or franchise to build and operate a cable systems m the City's public rights-of-way; and WHEREAS, HR 5252 and S 2686 would deprive City residents of the ability to address issues locally by removing to the state and federal government all customer service issues and transferring local enforcement of franchise issues to the federal bureaucracies and courts; and WHEREAS, HR 5252 and S 2686 would threaten the ability of the City to manage its public rights-of-way by allowing video service providers with a national license or new cable franchise to appeal the City's regulations to the Federal Communications Commission; and WHEREAS, local cable franchising allows for cities and towns around the country to exercise local authority, decision-making and consumer protection, to establish and support commercial-free community television, and to receive franchise fees that private companies pay as compensation for their use of local public rights-of- way; and WHEREAS, the City objects to legislation that creates a subsidy to the telecommunications industry at the expense of the City's taxpayers; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Mounds View: That the City is opposed to federal legislation that: 1. Pre-empts the local franchising process; 2. Limits the City's ability to negotiate local franchises that enable the community to obtain commitments to meet the cable-related needs and interests of the community, 3. Voids existing cable franchises; 4. Limits or preempts the City's ability to require any entity that is issued a video provider franchise to fully build out a franchise area such that said services are equally available to all residents in the franchise area; and 5. Limits or preempts the ability of the City to manage its public rights- of-way in the best interest of its corporate and individual residents. That the City, for the reasons stated above, urges the Minnesota Congressional Delegation and all other members of Congress to oppose HR 5252 and S 2686 and any other bills promoting national franchising and preferential treatment of providers of cable and video services entering the market and to support legislation that encourages fair competition to all areas of the City and that does •