HomeMy WebLinkAbout2026-007 -7 N HI,Ls
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2026-007
RESOLUTION DELEGATING TO THE NORTH SUBURBAN
COMMUNICATIONS COMMISSION THE AUTHORITY TO
PREPARE BROADBAND FRANCHISES
WHEREAS, the City of Arden Hills (the "City"), is a member of the North Suburban
Communications Commission (the "Commission"), a Joint Powers Commission organized
pursuant to Minn. Stat. §§238.08,subd. 5 and 471.59,as amended,and includes the cities of Arden
Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks,
Roseville, and St. Anthony, Minnesota(hereinafter, collectively the "Member Cities"); and
WHEREAS,under Minn. Stat. §238.08, subd. 5,the City may delegate to the Commission
the authority"to prepare, adopt, grant,administer,and enforce a cable communications franchise";
and
WHEREAS, the Commission acts on behalf of its Member Cities, including the City, to
monitor the operation and activities of cable communication systems and to provide coordination
of administration and enforcement of the franchises of the Member Cities; and
WHEREAS, the U.S. Court of Appeals determined that broadband is not a
telecommunications service in Ohio Telecom Assn v. FCC (In re MCP No. 185), 124 F.40' 993
(6th Cir. 2025), which prompted the Commission and other municipalities to consider the
municipal authority to regulate a broadband system as a cable communications system; and
WHEREAS, on December 8, 2025, the Commission passed a recommendation that each
of the Member Cities should direct broadband companies, who inquire about installing and
constructing facilities in a Member City's rights-of-way, to the Commission for broadband
franchise discussions; and
WHEREAS, a broadband system is likely a "cable communications system," as defined
by Minn. Stat. § 238.02, subd. 3., which authorizes the Commission to adopt a franchise; and
WHEREAS, the City determines that it would be in the best interest of the community
to formally accept the Commission's recommendation that it direct any applicant for fiber
installation or construction to the Commission for a broadband franchise.
To view the final document,access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking
on Archived Documents under Helpful Links on our main webpage.
NOW,THEREFORE,BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF ARDEN HILLS:
1. Each of the above recitals is incorporated as a finding of fact by the City.
2. The Commission is authorized to prepare, adopt, grant, administer, and enforce a
broadband franchise with broadband-only providers.
3. The City staff shall instruct fiber providers to obtain a franchise from the Commission prior
to the City issuing any permits to construct facilities in public rights-of-way.
PASSED AND ADOPTED by the City Council of the City of Arden Hills this 9th day of
February 2026. ;Z /
David Grant, Mayor
ATTEST:
'J , � L tyz"l
lie Hanson, City Clerk
To view the final document,access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking
on Archived Documents under Helpful Links on our main webpage.