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:
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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:
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Katie Bruno, City Clerk /Council Secretary