HomeMy WebLinkAboutResolution No. 2000-092 WideOpenWest cable TV Fran Wl• RESOLUTION NO. 2000-92
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A RESOLUTION REGARDING RECOMMENDATIONS City Of Edina
WITH RESPECT TO WideOpenWest Minnesota,L.L.C's
PROPOSAL FOR A CABLE COMMUNICATIONS FRANCHISE
WHEREAS, Minnesota Statutes § 238.08(a) mandates that the City require a
franchise for any cable communication system providing service within the City; and
WHEREAS, Federal law at 47 U.S.C. § 541(a) provides that a city "may not
unreasonably refuse to award an additional competitive franchise"; and
WHEREAS, the City carefully followed the franchise procedure required by
Minnesota Statutes § 238.081 by publishing once each week (June 21, 2000, and June
28,2000) for two successive weeks in the Sun-Current, a Notice of Intent to Franchise
a Cable Communications System; and
WHEREAS, the Notice stated all eight (8) criteria outlined in Minn. Stat. §
238.081 Subd. 2; and
• WHEREAS, in addition to the published Notice, the City mailed copies of the
Notice of Intent and the Official Application Form to WideOpenWest ("WOW"), as
well as other interested parties;and
WHEREAS, the City's Official Application Form required that proposals for a
cable communications franchise contain responses to each of the items identified in
Minnesota Statute §238.081 Subd.4; and
WHEREAS, the City's closing date for submission of applications was set at
July 14,2000,which complied with the statutory minimum of 20 days from the date of
first publication; and
WHEREAS, the City Council determined to call a Public Hearing to consider
the application received from WOW at its regularly scheduled September 5, 2000,
meeting; and
WHEREAS, all interested parties were provided an opportunity to speak to the
City Council. The City Council imposed no time limitations or other constraints on
presenters, and interested parties had every opportunity to present information
regarding this matter; and
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City Hall (952) 927-8861
4801 WEST 50TH STREET FAX(952)826-0390
EDINA,MINNESOTA 55424-1394 TDD(952)826-0379
RESOLUTION NO. 2000-92-WideOpenWest Cable TV Franchise
WHEREAS, the City carefully reviewed all information and documentation
presented to it regarding WOW's proposal and qualifications to construct, own and
operate a cable communications system within the City;and
WHEREAS, the City, as a member of the Southwest Suburban Cable
Commission ("Commission"),retained the law firm of Moss & Barnett, a Professional
Association to assist the Commission and City in conducting the procedure required
under Minnesota Statutes §238.081 and reviewing the application submitted by
WOW as well as comments and information from interested parties; and
WHEREAS, based on information and documentation made available to the
City, the report dated August 3, 2000, prepared by Moss & Barnett with respect to
WOW's application and the recommendation of the Commission, each of which is
hereby incorporated in this Resolution by reference, the City Council has reached
conclusions regarding WOW's legal,technical and financial qualifications.
NOW THEREFORE,the City hereby resolves as follows:
1. The City hereby finds that WOW's application of July 14, 2000, complies
with the requirements of Minnesota Statute §238.061; and
2. The City finds that WOW possesses the requisite legal, technical and
financial qualifications to construct, own and operate a cable
• communications system within the City; and
3. The City has determined that an ordinance awarding a franchise to WOW
should be introduced to the City Council for consideration and action; and
4. The contents of the franchise should be substantially the same as the
franchise ordinance currently held by the City's existing cable television
operator, KBL Cablesystems of the Southwest, Inc., doing business as Time
Warner Cable ("Time Warner"), throughout the existing term of Time
Warner's franchise which will expire on or about December 31,2011.
5. A construction bond should be required of WOW as part of any franchise
award to provide the City with security in the event damage to the City's
rights-of-way should arise which WOW is unwilling or unable to cure.
6. Subject to all applicable laws,the City shall regulate the provision of cable
television services within the City in a competitively neutral manner and
shall enforce the terms and conditions of all cable communications
franchises in accordance with all applicable laws and regulations in a
consistent manner against all franchised cable operators so that no one
operator is given an unfair competitive advantage over the other.
7. The City finds that its actions are appropriate and reasonable in light of the
mandates contained in Chapter 238 of Minnesota Statutes and applicable
provisions of federal law including 47 U.S.C. §541(a).
Passed and adopted this 5th day of September,2000.
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RESOLUTION NO. 2000-92 WideOpenWest Cable TV Franchise
ATTEST: —Qkk A
City Clerk t 0 Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify
that the attached and foregoing Resolution was duly adopted by the Edina City Council at its
Regular Meeting of September 5, 2000, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 20_
City Clerk
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