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-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.