HomeMy WebLinkAboutResolution 83-58OF
CITY OF COLUMBIA HEIGHTS
"SERVICE IS OUR BUSINESS"
RESOLUTION 83-58
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF COLUHBIA HEIGHTS,
HtNNESOTA REGARDING SUPPORT OF A RESOLUTION OF THE NATIONAL LEAGUE OF CITIES
RELATIVE TO FEDERAL CABLE LEGISLATION, LOCAL AUTHORITY AND CABLE SUBSCRIBER
PROTECTION
WHEREAS, the pfc)vision of cable, television service has already proven to be a valuable
service ~o thousand o? communities across the country and holds great potential
to all cities; and
WHEREAS local governments na,e had the responsibility for franchising cable television
systems in their ci~ies and For overseeing thc, impteme,qt:aLion of those 'fran-
chises once awarded; and
WHEREAS, in most cases, cable television systems will likely enjoy exclusivity within
a community and wi)l be the on]y telecommunications medium with a direct link
1:o the homes of citizens wit:h i~s faci][~:ies using the public's right:-of-way;
and
WH_REA~, ~he presence of a strong local government, role in the overseeing of franchise
agreements has worked to ensure I::hat cont:rac~:ural ob] [ga~.Jons are carried out
and ~:he pub] ic [nteresE served; amd
WHEREAS, S.66 was approw~d by ~he U.S. Senate and is subs~:anLial!y the same as H.R. 4103,
which is pending be'Fore the Energy and CommeFc.... ~ Committee of the U.S. House of:
Representatives; arid
WHEREAS, the provisions of S.66 [}ave been specifically opposed by the NLC Transportation
and Communications pol[c'/ committee and the municipal leagues of California,
Co]or'ado, towa, Mary]and, H~chigan, MfnnesoCa, Nebraska, Ohio, Pennsylvania,
Tennessee, Texas and Wyoming; arid S.66 opposition resolutions are pending be-
fore additional municipal leagues; and
WHEREAS, S.66 is in direct: toni1 icl with the cable communications provisions of the NLC
Nat[ona! Hunicipa] Poi icy, the primary NLC policy document:; therefore, modif[-
ca~:ions must either be made ~o the existing NLC National Municipal Policy
sl::atement: on cable commun[caEions or NLC~s t~aditiona] policy in favor of
local authority over cable franchises should be reaffirmed via this---or other
sin'tilarly formulated---resolul:lon; and
Bruce G. Nawrocki, Mayor
Gayle R. Norberg, Councilmember Kenneth E. Hentges, Councilmember
Rita M. Petkoff, Councilmember Arden Hovland, Coundlmember
EQUAL OPPORTUNITY EMPLOYER
Re6olution 83~58
WHEREAS, NLC~s continued support of S.66 would isolate the League from its customary
public interest partners on cable legislation, including the U.S. ¢c:,nference
of Hayors, the National Federation of Local Cable Programmers, the National
Association of Counties and the Cable Television Information Center'; and
WHEREAS, the NLC Board of Directors in July recognized that, ~'There are numerous sub-
stantive concerns among cities on various portions of the compromise including
franchise renewal provisions, buy back procedures and 9randfathering of existing
franchises and RFPs~; and
WHEREAS, S.66 will enable cabte operators to renege on franchise commitments in terms of
services~ facitities and equipment;
NOW, THEREFORE BE IT RESOLVED, by the Cotumbia Heights City Council that the National
League of Cities, aseembled at the 1983 Congress of Cities in New Orleans,
Louis~ane, adopt the following as resolves to be presented to the United
States Congress as represents the concerns of the National League of Cities:
Section 1. National League of Ci~ies support for U.S. Senate BiIl 66 and House
of Representatives Bill 4103 --- and any other similarly formulated federal
cable legislation --- is hereby withdrawn until the following modifications
are made:
1.1 Tha~ federal cable legistaEion not limit the option of 1ocat governments
to regulate the rates charged by cable operators for basic servic, e, should
cities believe_ rate regulation is in the public interest.
1.2 That federal cable legislation not limit the option of local governments
to define by negotiation with cable operators the definition of basic service.
1.3 That federal cable legislation provide maximum competition in the frachise
renewal process with no presumption or expectancy of renewal on the part of the
cable operator holding the franchise.
1.4 That federa! cable legislation '~grandfatheH~ all existing franchises, and
their terms and conditions and all franchise processes in which a Request for
Proposals has been issued; and that federal legislation not apply to renegot-
iated franchise agreements, signed within six months of enactment.
1.5 That federal cable legislation not provide cable companies with the power
to abrogate contractural obligations based on a unilateral assertion by a cable
opera~or of a significant ~change in circumstances~' in the cost, marketability,
or any cable operator-controlled condition affecting the availability of an,/
cab]e service, facility and equipment.
1.6 That federal cabte legislation not limit the ability of local goverp, ments
to mandate public, educational, government, and leased access to cable television.
1.7 That federal legislation protect cities from antitrust liability for com-
pl lance with federa] ]aw.
1.8 That federal tegls]ation limiting franchise fees not appty to fees, charges
and taxes charged t.:) a cable opera~or as part of a larger class, for example,
utility user taxes,
ion 83-58
Section 2. That Congress is urged ~.) closely examine the potential of federal
legislation in the areas of minimum technical standards, minimum cross owner-
ship provisions, corruption of franchising processes, m. inimum consumer pro-
tection safeguards, minimum third-party access standards and minimum standards
for interconnect ion.
Section 3. That in working with Congress in the whole area of cable communications
legislation, the National League of Cities shall be guided by the principle of
preserving existing municipal authority in the cable communications field, which
has greatly benefited the cable television industry, the cities and nation.
Passed ~his 24th day of October, 1983
Offered by:
Seconded by:
Roll cat1:
Nawroc k i
P e t ko f f
Hovland, Pe[koff, Nawrocki--aye
J/~t~nne Studen'~, Cou~c~-'1'-S~c
retary