HomeMy WebLinkAbout1995.03.06 RESO 1995-0003RESOLUTION 1995-3
RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING
COMMUNICATIONS SERVICES ACT OF 1995"
WHEREAS, the City of Hugo is responsible for monitoring the operation
and activities of cable communications in the City, and
WHEREAS. the City provides coordination of administration and
enforcement of the cable franchise; promotes the development of locally
produced cable television programming; and conducts such other activities
to ensure equitable and reasonable rates and service levels for the
citizens of Hugo, and
WHEREAS, it is the intent of the cable franchise to ensure the
development and continued operation of a cable communications system so
that the City may achieve better utilization and improvement of public
services and contribute significantly to the communication needs of its
residents, and
WHEREAS, in pursuit of these goals, the City has granted to private
interests the use of Public Property and Public Right -of -Way.
NOW, THEREFORE, at a regular meeting of the Hugo City Council dated March
69 1995, the City endorses the "Minnesota Emerging Communications Services
Act of 1995" and encourages its adoption by the Minnesota State
Legislature for the following reasons:
FINDINGS
1. Public Property and Public Rights -of -Way are valuable public
assets and Local Authorities are entitled to ensure that the public is
benefitted, compensated,, protected and able to access and share in the use
of any Emerging Communications Services that makes use of those Public
Rights -of -Way by a private for-profit provider.
2. There is a wide range of Persons seeking to use Public Property
and the Public Rights -of -Way to deliver video, voice and data services and
all such Persons should be treated similarly by State and Local
Authorities.
3. Existing State Statutes do not adequately address these Emerging
Communications Services.
4. Local Authorities are well equipped to analyze and implement the
needs and interests of the local citizen/consumer, and protect taxpayers'
investment in Public Property and Public Rights -of -Way.
CONCLUSIONS
The City concludes that Local *Authorities must have the authority to
require Emerging Communications Services utilizing Public Property and
Public Rights -of -Way to:
1. Obtain permits and comply with minimum State standards and
existing local standards for use of Public Property and Public
Rights -of -Way.
ftwolution 1995-3
Page 2
2. Prohibit redlining and uphold nondiscrimination standards.
3. Oversee the design of local communications infrastructure to
ensure the meeting of community needs which includes ensuring that a
portion of the public capacity being delivered on a city, county, and
school district specific basis as determined by Local Authorities.
4. Allow Local Authorities to receive compensation for use of Public
Property and Public Rights-of-Way.
The City further concludes that existing local authority must be
implemented with local permitting authority which:
1. Enforce compliance with financials technical, legal, and
connectivity standards.
2. Authorizes local collection of fees to compensate Local
Authorities for both the use of and decrease in the value of Public
Property and Public Rights-of-Way as a result of the construction of and
occupancy by Emerging Communications Services.
3. Assures delivery of Emerging Communications Services to Local
Authorities and School Districts.
This Resolution passed and adopted by the City of Hugo this 6th day of
March, 1995.
By
(Fran Miron)
Its Mayor
ATTEST:
&40
Mary Creager, Citolerk
City Vf Hugo