HomeMy WebLinkAboutResolution No. 2000-012 Opposing SF 2133/HF 2137 o e �
�o RESOLUTION NO. 2000-12
City of Fd1nn
RESOLUTION
OPPOSING SF 2133/HF 2137
WHEREAS, the City of Edina ("City") has been granted the legal authority to negotiate,
award and regulate cable television franchises under both Federal Telecommunications
Act Title VI ("FTA") and Minnesota Statutes Chapter 238;
WHEREAS, the City has regulated its cable television franchise responsibly and
reasonably, serving as a local resource to resolving customer service issues;
WHEREAS, the City has ensured that its cable operator has identified needs and
interests in the community such as local community programming, customer service
and emergency alert requirements;
WHEREAS, the City has worked with municipalities throughout the State through both
the League of Minnesota Cities ("LMC") and the Minnesota Association of Community
and Telecommunications Administrators ("MACTA") to further the benefits of cable
television to local communities and to address local concerns regarding cable
television.
WHEREAS, the proposed legislation, SF 2133/HF 2137, would abolish Chapters 237
and 238 of Minnesota Statutes and regulate cable television operators and telephone
companies the same. The proposed legislation will revoke City's authority to award
cable television franchises, eliminate the City as a local resource to its citizens, and
remove the City's ability to receive direct support for community television and other
provisions that meet local community needs.
WHEREAS, cable operators providing cable service are regulated differently than
telephone companies which act as common carriers under existing federal and state
law. Common carriers are regulated under Title 11 of the FTA and Chapter 237 of
Minnesota Statutes. Cable operators are regulated under title VI of the FTA and chapter
238 of Minnesota Statutes.
WHEREAS, there is no need for the proposed legislation, and no other State has
enacted such legislation. It has not been demonstrated by any means that local
governments' role in cable franchising impedes in any manner the ability of cable and
telecommunications companies to offer full and competitive services.
WHEREAS, the proposed legislation will violate the purpose of the FTA of establishing
franchise procedures and standards which encourage the growth and development of
cable systems and which assure that cable systems are responsive to the needs and
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• interests of the local community. Nor will it promote competition in cable
communications and minimize unnecessary regulation that would impose an undue
economic burden on cable systems.
WHEREAS, the proposed legislation would actually increase regulation forcing the
Department of Commerce and the Public Utilities Commission to dramatically increase
staff and regulate cable, even though these agencies have no background or
experience in regulating the cable industry,
WHEREAS, the proposed legislation will have a negative financial impact on
municipalities and citizens throughout the State. The infrastructure to regulate cable
operators is already in place at the local level and is extremely effective. The proposed
legislation would destroy the existing infrastructure and replace it with a cumbersome,
expensive administrative agency at the State level.
WHEREAS, the proposed legislation does not adequately address, Open Access,
protection against Redlining, local infrastructure to address service complaints,
destruction of existing contract or agreements of PEG programming.
WHEREAS, the City has expended considerable time and resources negotiating a new
cable franchise that meets the community's needs. City has also worked closely with
neighboring jurisdictions to enter into a joint powers commission to share resources and
• jointly develop local programming and related activities to further community needs.
NOW, THEREFORE, BE IT RESOLVED that the City has a significant interest in
retaining its ability to franchise companies providing cable television services and is
hereby opposed to any legislation that would revoke this authority; and
AND THEREFORE, that any legislation eliminating Chapter 238 at this time is
premature. The City respectfully requests the State Legislature to carefully study the
dynamics of federal and state cable regulation prior to passing any new legislation.
AND THEREFORE, the City respectfully requests the State Legislature to include the
City, the LMC, and the MACTA in all discussions and hearings concerning cable
regulation.
Adopted this 19th d of January, 2000.
V L, 4 &S=f I�C'
Clerk Mayor
City Manager