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