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Mounds View City Council May 22, 2006 <br />Regular Meeting Page 20 <br /> <br />Resolution Approving Change Orders No. 20 through 26 for the City Hall Rehabilitation Project. 1 <br /> 2 <br /> Ayes – 4 Nays – 1 (Stigney) Motion carried. 3 <br /> 4 <br />J. Resolution 6829 Resolution in Support of Local Cable and Video Provider 5 <br />Franchising 6 <br /> 7 <br />City Administrator Ulrich introduced Coralee Wilson, Chief Administrator for the North 8 <br />Suburban Cable Commission (NSCC). 9 <br /> 10 <br />Ms. Wilson reported there have been numerous attempts to revise the telecommunication laws at 11 <br />the federal level in light of new technologies and business models. She stated all want more 12 <br />competition to the existing cable company to keep prices low and enhance customer service. Ms. 13 <br />Wilson noted that as companies come in, they provide advanced telecommunication services to 14 <br />serve residents and businesses and a good economic tool. Unfortunately, large national 15 <br />companies have decided the rules are not appropriate for them and they don’t want to abide by 16 <br />the rules and come to local governments to get franchises to provide video services because it is 17 <br />too time consuming. However, in the last two years if they had spent as much time and money 18 <br />on complying with the process as to get out of it, they would have most of the franchises at this 19 <br />point. 20 <br /> 21 <br />Ms. Wilson advised there are now two legislative bills, one of which got to the floor of the House 22 <br />to allow companies to come in with very little ability by the community to manage or control the 23 <br />manner in which they do that. She reported that HR 5252 was introduced in the House in March, 24 <br />has been through both subcommittee and committee votes, and if voted on today, it would pass. 25 <br />Also, Senator Stevens introduced a bill and it will likely go to markup after June 5, 2006. 26 <br /> 27 <br />Ms. Wilson stated she had handed out a summary on bill S 2686, which is worse than the House 28 <br />bill and creates a national franchise through the FCC. The Senate bill creates a local franchise 29 <br />through a form created by the FCC. In both bills there is 30 days to approve a franchise, which 30 <br />does not provide the City enough time to study whether they have sufficient financial backing. 31 <br />Ms. Wilson noted the current franchise law gives the City enough time to assure the company is 32 <br />capable of managing a cable system. In addition, both bills limit public access to 1% of gross 33 <br />revenue, which will limit them to about $218,000. Their current budget is over $1 million so 34 <br />with a reduction to $218,000 there would be severe cut backs in the ability for CTV to serve the 35 <br />community. She stated she has heard from legislators that the City should give up some of their 36 <br />5% franchise fee to support public access but that is a rental fee to use the public right-of-way. 37 <br />She stated her opinion that the franchise company should compensate the City because they are 38 <br />using public property (rights-of-way). Ms. Wilson explained the PEG fee is a programming fee 39 <br />and should pay for locally produced programming as well. 40 <br /> 41 <br />Ms. Wilson advised that with these bills, the City would lose control of its public rights-of-way. 42 <br />The bill says the City will retain that control but if the national franchise does not like the City’s 43 <br />rules and regulations, they can appeal to the FCC, not a court, requiring the City to send their 44 <br />attorney to Washington, D.C. or hire an attorney from there. Under the Senate bill, if the City 45