2007-09-26 CC Packet - Laserfiche WebLink

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tervi{{e 'LslaJj{isne,f 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE 1880 :Main Street, C'erlterville, :M!N 55038 651-429-3232 orrpa:(. 651-429-8629 RESOLUTION NO. REGARDING THE APPROVAL OF A MODEL FRANCHISE ORDINANCE THAT CAN BE UTILIZED BY COMPETITIVE CABLE FRANCHISE APPLICANTS AND THE REAFFIRMATION OF THE NORTH METRO TELECOMMUNICATIONS COMMISSION'S AUTHORITY TO RECEIVE AND REVIEW ADDmONAL CABLE FRANCHISE APPLICATIONS ON BEHALF OF THE CITY OF CENTERVILLE WHEREAS, commencing in 1966, the Federal Communications Commission and later Congress codified a dual federal-local regulatory process for the regulation of cable seIVices and cable systems that distinguished between matters of national and local concern; and WHEREAS, since 1905, local governments in Minnesota have had the authority to franchise companies seeking to use public rights-<lf-way for private profit. In 1973, this authority over cable communications systems was specifically codified in Minnesota Statutes Chapter 238; and WHEREAS, the City of CenteIVille, Minnesota (the "City") is a local cable franchising authority for pwposes of federal and state law; and WHEREAS, under applicable law, the City may, without limiting any other powers it may possess, franchise cable communications systems and open video systems, regard1ess of the teclmologies or facilities utilized to provide multichannel video progrnmming seIVices; and WHEREAS, in light of advances in teclmology and the ability to offer multiple seIVices over a single netwOlk, local exchange carriers, such as Qwes!, and other entities are beginning to offer cable seIVices across the country; and WHEREAS, the City, along with the municipalities of Circle Pines, Lexington, Blaine, Ham Lake, Spriog Lake Part<, and Lino Lakes Minnesota, has established the North Metro Telecommunications Commission (the "Commission") pursuant to a Joint and Cooperative Agreement; and WHEREAS, the member cities of the Commission, including the City, and have delegated to the Commission the authority, among other things, to monitor cable communications, to receive and review applications for cable seIVice franchises and to make recommendations to the member cities concerning cable communications system franchise applications; and WHEREAS, the City wishes to promote competition in the delivery of cable seIVices and to encourage the deployment of state-<lf-the-art broadband networks; and WHEREAS, the City believes true and effective competition between cable seIVice providers will increase the availability and quality of cable seIVices, spur the development of new teclmologies, improve customer seIVice, discipline rates and generaI1y benefit consumers; and WHEREAS, to promote competition and to streamline the competitive franchising process, the Commission has developed and adopted "Policies and Procedures Governing Application, Review and ?7