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HomeMy WebLinkAboutResolution 95-13RESOLUTION 95- 1 3 RESOLLrEION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" WHEREAS, the Columbia Heights/Hilltop Cable Communications Commission ("Commission") is a Joint Powers Commission organized pursuant to Minnesota Statutes 471.59, as amended, and includes the following two municipalities: Columbia Heights and Hilltop 0aeteinafter "Cities"); and WHEREAS, the Joint Powers Agreement between the City of Columbia Heights and the City of Hilltop authorizes the City of Columbia Heights to enforce and administer the cable communications franchises of the Cities of Columbia Heights and Hilltop; and WHEREAS, the Commission serves in an advisory capacity to the City of Columbia Heights and its responsibility is to monitor the operation and activities of cable communications; to provide coordination of administration and enforcement of the cable franchise; to promote the development of locally produced cable television programming; and to conduct such other activities to ensure equitable and reasonable rates and service levels for the citizens of the Cities; 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 Cities may achieve better utilization and improvement of pubhc services and contribute significantly to the communication needs of its residents; and WHEREAS, in pursuit of these goals the Cities have granted to private interests the use of Public Property and Public Rights-of-Way; and WHEREAS, at a regular meeting of February 16, 1995, the Commission endorsed and recommended that the City Council of the City of Columbia Heights endorse the "Minnesota Emerging Communications Services Act of 1995" and encourage its adoption by the Minnesota State Legislature. NOW, THEREFORE, at a regular meeting of the City Council of the City of Columbia Heights, the City Council reviewed the proposed Minnesota Emerging Communications Services Act of 1995, and hereby endorses the proposed legislation 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 benefited, 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. 2. Prohibit redlining and uphold nondiscrimination standards. 3. Support community access to Emerging Communications Services. 4. Oversee the design of local communications infrastructure to ensure the meeting of community needs which includes ensuring that a portion of the public capacity is being delivered on a city, county, and school district specific basis as determined by Local Authorities. which: 5. 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 1. Enforces compliance with financial, 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 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 adopted by the City thia7rh day of February ,1995. Offered by: do 11 y Seconded by: Pete rson Roll Call: A1 1 ayes ne Student, Council Secr~ /Mayor ~os~pia S-turde~ant