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02-09-26-R
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02-09-26-R
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Attachment A <br />-ARPEEN HILLS <br />CITY OF ARDEN HILLS <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />RESOLUTION NO.2026-007 <br />RESOLUTION DELEGATING TO THE NORTH SUBURBAN <br />COMMUNICATIONS COMMISSION THE AUTHORITY TO <br />PREPARE BROADBAND FRANCHISES <br />WHEREAS, the City of Arden Hills (the "City"), is a member of the North Suburban <br />Communications Commission (the "Commission"), a Joint Powers Commission organized <br />pursuant to Minn. Stat. § § 238.08, subd. 5 and 471.59, as amended, and includes the cities of Arden <br />Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, <br />Roseville, and St. Anthony, Minnesota (hereinafter, collectively the "Member Cities"); and <br />WHEREAS, under Minn. Stat. §238.08, subd. 5, the City may delegate to the Commission <br />the authority "to prepare, adopt, grant, administer, and enforce a cable communications franchise"; <br />and <br />WHEREAS, the Commission acts on behalf of its Member Cities, including the City, to <br />monitor the operation and activities of cable communication systems and to provide coordination <br />of administration and enforcement of the franchises of the Member Cities; and <br />WHEREAS, the U.S. Court of Appeals determined that broadband is not a <br />telecommunications service in Ohio Telecom Ass'n v. FCC (In re MCP No. 185), 124 FAth 993 <br />(6th Cir. 2025), which prompted the Commission and other municipalities to consider the <br />municipal authority to regulate a broadband system as a cable communications system; and <br />WHEREAS, on December 8, 2025, the Commission passed a recommendation that each <br />of the Member Cities should direct broadband companies, who inquire about installing and <br />constructing facilities in a Member City's rights -of -way, to the Commission for broadband <br />franchise discussions; and <br />WHEREAS, a broadband system is likely a "cable communications system," as defined <br />by Minn. Stat. § 238.02, subd. 3., which authorizes the Commission to adopt a franchise; and <br />WHEREAS, the City determines that it would be in the best interest of the community <br />to formally accept the Commission's recommendation that it direct any applicant for fiber <br />installation or construction to the Commission for a broadband franchise. <br />To view the final document, access adopted Resolutions via Arden Hills Public Laserfzche Weblink by visiting cityofardenhills. org and clicking <br />on Archived Documents under Helpful Links on our main webpage. <br />
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