Res. #07-034 - Model Franchise Ord.

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tervi{{e 'Lst116fisficd- /8S7 1880 ~ain Street, Centervilk, '.MN 55038 651-429-3232 or'Fa.t 651-4298629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #07-034 REGARDING THE APPROVAL OF A MODEL FRANCHISE ORDINANCE THAT CAN BE UTILIZED BY COMPETITIVE CABLE FRANCHISE APPLICANTS AND THE REAFFJIlMATION OF THE NORTH METRO TELECOMMUNICATIONS COMMISSION'S AUTHORITY TO RECENE AND REVIEW ADDmONAL CABLE FRANCHISE APPLICATIONS ON BEHALF OF THE CITY OF CENTERVlLLE WHEREAS, commencing in 1966, the FedetaJ Communications Commission and later Congress oodified a dual federal-local reguIaIoIy process for the regulation of cable services and cable systems that distinguished between matters of natinnal and local concern; and WHEREAS, since 1905, local governments in Minnesota bave bad the aulhorily to franchise companies seeking to use public rights-of-way for private profit. In 1973, Ibis authorily over cable communications syslems was specifically todified in Minnesota SlaIutes CbaJler 238; and WHEREAS, the Cily of Centerville, Minnesota (the "City") is a local cable franchising authorily for purposes of fedetaJ and state laW; and WHEREAS, under applicable law, the Cily may, without limiting any other powers it may possess, fnmcl1ise cable coromunications systems and open video systems, rq]ilI'dless of the tecboologies or facilities utilized to provide multicbannel video progmmming services; and WHEREAS, in light of advances in technology and the ability to offer multiple services over a single network, local exchange carriers, such as Qwest, and other entities are beginning 10 offer cable services across the country; and WHEREAS, the Cily, along with the municipalities of Circle Pines, Lexington, Blaine, Ham Lake, Spring Lake PaR;, and Uno Lakes Minnesota, bas established the North Melrn 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 authnrily, among nther things, to monitor cable communications, to receive and review applications for cable service franchists and to make recollUllelldations to the member cities concerning cable communications syslem franchise applications; and WHEREAS, the Cily wishes to promote competition in the delivery of cable services and to encourage the deploymeot of state-of-the-art broadband oetwoIks; and WBEREAS, the Cily believes true and effective competition between cable service providers will increase the availabilily and qua1ity of cable services, spur the development of new technologies, improve customer seI'Vlce, discipllne rates and generally benefit COlISlJIDCI'S; and WHEREAS, to promote competition and to streamline the competitive franchising process, the Commission bas developed and adopted "Policies and Procedures (J,lVerning Application, Review and