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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,}