HomeMy WebLinkAboutResolution 84-13 RESOLUTION 84-
BEING A RESOLUTION PROVIDING FOR THE PROIECTION OF LOCAL
AUTHORITY AND CONSUMER INTERESTS IN CABLE LEGISLATION
WHEREAS, provision of cable television service has proven to
be a valuable service to the City of Columbia Heights and holds
great promise to all cities in the United States; and
WHEREAS, the City of Columbia Heights and other local govern-
ments have had the responsibility for franchising cable televi-
sion systems in their cities and for overseeing the
implementation of those franchises once awarded; and
WHEREAS, the presence of a strong local governmental role in
the overseeing of franchise agreements has worked to ensure that
contractual obligations are carried out and the public interest
served; and
WHEREAS, the United States House of Representatives has been
deliberating on federal cable television legislation; and
WHEREAS, H.R. 4103, The Cable Communications Act of 1983,
represents a shift of control and oversight of local cable
franchises from local government control to federal government
control; and
WHEREAS, the City of Columbia Heights does not necessarily
oppose all cable legislation°
NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights
opposes H.R. 4103, The Cable Communications Act of 1983, in its
present form and urges the United States House of Representatives
to continue its efforts to formulate cable legislation con-
sistent with the following goals:
1. That local and state governments not be limited in
their option to negotiate the definition of basic services
and to regulate the rates charged by cable television com-
panies for basic service~ should they believe it to be in the
public interest;
2. That at the time of franchise renewal, cities be
able to obtain reasonable upgrades of system hardware to
"state-of-the-art" standards; be able to refuse renewal to an
operator which has given poor service during the life of the
franchise; be able to negotiate the purchase price of a cable
franchise when a municipality buys back a cable system or the
system is transferred to a third party through a forced sale;
and that any court review will not be de novo and court
review of renewal or nonrenewal decisions be the same as that
accorded other legislative decisions;
3. That all existing franchises and their terms and
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conditions and all franchise processes in which a Request for
Proposals has been issued be grandfathered;
4. That the legislation protects cities from anti-
trust liability for compliance with federal law;
5. That any limitation on franchise fees not apply to
fees, charges and taxes charged to or through a cable opera-
tor as part of a larger class, for example, utility user
taxes;
6. That federal cable legislation not restrict the
ability of cities to require public, educational, governmen-
tal and leased access to cable television;
7. That cable companies not be provided with the power
to abrogate contractual obligations based on a unilateral
assertion of a "significant change in circumstances;" and
8. That local governments not be restricted from muni-
cipal ownership and operation of cable systems.
Adopted by the City of
27th day of February
Columbia Heights
, 1984.
on the
Offered by: Hovland
Seconded by: Peterson
Roll call: All ayes
Bruce'.~ Nawrocki, Mayor
ATTEST:
William Elrite, City Clerk
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