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HomeMy WebLinkAbout2017-127RESOLUTION NO. 2017 -127 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. 853 (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 terms and conditions of Comcast's use of public rights -of -way (the "Franchise "); WHEREAS, the Franchise Ordinance term was extended through May 31, 2020 by a Settlement Agreement with Comcast dated January 26, 2015, and Ordinance No. 1617, adopted February 9, 2015; WHEREAS, by letter dated August 17, 2017, 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 "); 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; 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, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: � r 4 s IT IS HEREBY RESOLVED, 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. IT IS HEREBY FURTHER RESOLVED, 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. IT IS HEREBY FURTHER RESOLVED, 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. IT IS HEREBY FURTHER RESOLVED, 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). IT IS HEREBY FURTHER RESOLVED, 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. IT IS HEREBY FURTHER RESOLVED, 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, agencies, 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. IT IS HEREBY FURTHER RESOLVED, that the City reserves, to the full extent permitted by law, all of its rights with respect to determining whether to renew the Franchise. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or its designee, shall keep the City Council fully norisea OT the status ana progress OT Trancnise renewal proceedings ana negotiations. Passed this 27th day of November, 2017 Offered by: Williams Seconded by: Buesgens Roll Call: All Ayes Donna Schmitt, Mayor Attest: a&Bq,V& Katie Bruno, City Clerk /Council Secretary