HomeMy WebLinkAboutResolution No. 2004-36RESOLUTION NO. 2004-36
A RESOLUTION CONCERNING THE COMMENCEMENT OF
RENEWAL PROCEEDINGS UNDER THE
FEDERAL CABLE COMMUNICATIONS
POLICY ACT OF 1984, AS AMENDED
WHEREAS, the City of Columbia Heights, Minnesota, ("City") adopted Ordinance No.
1202, amending Ordinance No. 853 (collectively, the Cable Communications Franchise
Ordinance set forth in Chapter 11 of the City Code ("Franchise Ordinance")) on or about June
25, 1990, authorizing Teleprompter of Columbia Heights/Hilltop, Inc. d/b/a Cable T.V. North
Central to construct, operate and maintain a cable system within the territorial limits of the City
("Franchise"); and
WHEREAS, as a result of several transfers of the Franchise, Comcast of Mi~mesota, Inc.
("Comcast") is the current holder and owner of the Franchise; and
WHEREAS, by the terms of the Franchise Ordinance, the Franchise is scheduled to
expire on November 9, 2006; and
WHEREAS, by letter dated February 3, 2004, from Comcast to the City, Comcast
invoked the formal renewal procedure set forth in Section 626 of the Cable Communications
Policy Act of 1984, as amended, 47 U.S.C. § 546 (the "Cable Act"); and
WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if
an appropriate 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, cormnence a proceeding 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, the City is desirous of commencing the renewal proceedings specified in
Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of also
considering the possibility of pursuing the informal renewal process with Comcast pursuant to
Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and
WHEREAS, 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 the collection and analysis of information from Comcast, City agencies and depamnents,
the public and other interested parties and may require one or more public hearings; and
WHEREAS, the City desires that the proceedings under Section 626(a) of the Cable Act
be managed and conducted by the City Manager, or his designee; and
WHEREAS, the City intends to authorize the City Manager, or his designee, to take any
and all steps required or desired to comply with the requirements of the Cable Act and the
Franchise Ordinance.
NOW, THEREFORE, the following is resolved:
Section 1. That the City hereby commences formal franchise renewal ascertainment
and past perfmxnance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C.
§ 546(a)(1), concerning Comcast.
Section 2. That the City Manager, or his designee, is authorized to manage and
conduct proceedings in accordance with Section 626(a)(1) of the Cable Act, 47 U.S.C.
§ 546(a)(1), and to take all steps and actions necessary or desired to conduct such
proceedings and to comply with applicable law.
Section 3. That the City Manager, or his designee, may explore with Comcast the
possibility of pursuing the informal renewal process under Section 626(h) of the Cable
Act, 47 U.S.C. § 546(h). If the City and Comcast decide to utilize the informal renewal
process, the City Manager, or his designee, is authorized to negotiate with Comcast
concerning matters relating to the renewal of the Franchise.
Section 4. That the City Manager, or his designee, shall provide the public with
notice of, and an opportunity to participate in, proceedings conducted under Section
626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1).
Section 5. That the City Manager, or his designee, may establish procedures and
dates for the conduct of any hearings related to the Section 626(a) proceedings and may
establish procedures and dates for the submission of testimony and other information in
connection with the proceeding.
Section 6. That the City Manager, or his designee, is authorized to request Comcast
to submit such information as may be deemed appropriate in connection with the Section
626(a) proceedings, to gather such other information from other persons or sources as
may be deemed appropriate, and to take such further steps as may be needed or desired to
ensure the City's and the public's interests are fully protected.
Section 7. That the City reserves, to the full extent permitted by law, all of its rights
with respect to determining whether to renew the Franchise.
Section 8. That the City Manager, or its designee, shall keep the City Council fully
apprised of the status and progress of franchise renewal proceedings and negotiations.
Passed this 28th day of June, 2004.
Offered by:
Seconded by:
Roll Call:
Carole J. Blower. s, Secretary Pro Tem
Councilmember Nawrocki
Councilmember Williams
Ayes: Ericson, Kelzenberg, Nawrocki, Williams, Wyckoff
Nayes: None Q.~.~9/~t
1~o; Julie{lne Wyckc~f {fit,}