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<br /> <br />tervi{{e <br /> <br />'Esta6{isfred 1857 <br /> <br />1880 ~ain Street, Centerviffe, ;MW 55038 <br />651-429-3232 or 'Fax.. 651-429-8629 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF ANOKA <br />CITY OF CENTERVILLE <br /> <br />RESOLUTION #08 - 0_ <br /> <br />SUPPORTING LOCAL FRANCHISING PURSUANT TO CHAPTER 238 OF <br />MINNESOTA STATUTES AND FEDERAL LAW AND OPPOSING ANY <br />AMENDMENTS TO CHAPTER 238 THAT WOULD EVISCERATE LOCAL <br />AUmORITY AND ESTABLISH A STATEWIDE FRANCHISING SCHEME <br /> <br />WHEREAS, the City Council of the City of Centerville, Minnesota ("City") is <br />the official governing body elected to preserve, promote and protect the public welfare, <br />health, safety and interest of the City and its citizens; and <br /> <br />WHEREAS, the City is a franchising authority that is empowered to award non- <br />exclusive franchises for cable communications systems pursuant to Chapter 238 of <br />Minnesota Statutes and federal law; and <br /> <br />WHEREAS, Chapter 238 establishes certain requirements with which all cable <br />operators in the state must comply and promotes the fair and equitable treatment of all <br />cable operators; and <br /> <br />WHEREAS, Chapter 238, as currently written, establishes certain safeguards and <br />powers for local governments with regard to: (i) compensation for the utilization of <br />valuable and scare public rights-of-way; (ii) local control over the use of public rights-of- <br />way, including (but limited to) permitting, code enforcement, removal of abandoned <br />property and restoration of public property; (iii) the build-out of important broadband <br />networks constructed by cable operators; and (iv) channel capacity and other support for <br />public, educational and governmental access programming; and <br /> <br />WHEREAS, Chapter 238, as currently written, establishes a simple and efficient <br />process by which telephone companies and other entities may apply for and receive a <br />local cable franchise from the City and other local franchising authorities; and <br /> <br />WHEREAS, the City supports competition in the delivery of multichannel video <br />programming services and is ready to accept and evaluate cable franchise applications <br />from any entity, consistent with federal, state and local laws, policies and requirements; <br />and <br /> <br />WHEREAS, numerous competitive cable franchises have been granted by local <br />franchising authorities throughout the State of Minnesota pursuant to Chapter 238; and <br />