HomeMy WebLinkAboutResolution No. 2013-067 RESOLUTION NO.2013-67
A RESOLUTION CONCERNING THE COMMENCEMENT OF
RENEWAL PROCEEDINGS UNDER THE
FEDERAL CABLE COMMUNICATIONS
POLICY ACT OF 1984,AS AMENDED
WHEREAS,on August 9,2010,the City of Columbia Heights,Minnesota,("City")adopted Ordinance No. 1583,
amending Ordinance No. 1490 (collectively, the Cable Communications Franchise Ordinance set forth in Chapter 11 of
the City Code ("Franchise Ordinance")) authorizing Comcast of Minnesota, Inc. ("Comcast') to construct, operate and
maintain a cable system in the City for the purpose of providing cable service and setting forth the terns and conditions of
Comcast's use of public rights-of-way(the"Franchise"); and
WHEREAS, by the terms of the Franchise Ordinance, the Franchise is scheduled to expire on December 31,
2015;and
WHEREAS, by letter dated June 6, 2013, 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, commence 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 departments, 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,the Franchise Ordinance,and the Franchise.
NOW,THEREFORE,the following is resolved:
Section 1. That the City hereby commences formal franchise renewal ascertainment and past performance
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 laws,regulations,orders and
decisions. The City Manager, or his designee, may conduct such hearings, surveys and meetings deemed
necessary or appropriate to assess community cable-related needs and interests, evaluate Comcast's past
performance,and enable the public to participate in formal Franchise renewal proceedings.
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 or extension of the Franchise, to prepare informal renewal
proposals and to respond to informal renewal proposals from Comcast, and to take all other steps and actions
necessary or desired to engage in the informal Franchise renewal process and/or to comply with applicable laws,
regulations,orders and decisions.
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, meetings and/or surveys 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 and its affiliates and
subsidiaries to submit such information as may be deemed appropriate in connection with the Section 626(a)
proceedings or the informal Franchise renewal process under Section 626(h), 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 and the cable-related needs and interests
of the City are satisfied consistent with applicable law.
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 23rd day of September,2013.
Offered by: D i e hm
Secondedby: Schmitt
Roll Call: Schmitt aye; William aye; Diehm aye;
Nawrocki nay; Peterson aye.J6Y t1n, A J ,I_ or Gary L.Peterson
Tori 'e hardt i tY�,1 [�
Council Secretary/City Clerk