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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