HomeMy WebLinkAboutResolution No. 2020-25 Supporting Local Cable Franchising including PEGRESOL 0. 2020-25
Supporting Local Cable Franchising Including
Public, Educational and Governmental Access Channels
WHEREAS, the City of Edina, Minnesota ("City") streets and rights-of-way are public property,
obtained and maintained by the City at significant expense to taxpayers; and
WHEREAS, cable operators use the streets and rights-of-way for their cable systems to provide
cable service to customers, but only after obtaining permission from the City to use this public property
for this purpose through a cable franchise agreement; and
WHEREAS, the City's cable franchise agreements include important provisions to protect the
community and its residents, including managing the cable systems under, over and in the streets to ensure
minimal damage and disruption and to mandate that all City codes are followed; and
WHEREAS, the City's cable franchise agreements further require providers to repair the streets
they harm and relocate facilities at their expense, if rights-of-way are rebuilt, straightened, widened, or
otherwise improved in the public interest; and
WHEREAS, the City's cable franchise agreements prohibit redlining and ensure
nondiscriminatory service and further establish customer service standards, protections, and enforcement
mechanisms; and
WHEREAS, the City's cable franchise agreements require rental payments in the form of
franchise fees to the City in return for the cable companies use of valuable public property for its cable
system; and
WHEREAS, the City's cable franchise agreements require that the cable companies meet the
community needs and interests by including non-financial franchise obligations, protected by Congress in
the Cable Act since 1984, for services that include:
• Public Education and Government ("PEG") channels, including high-definition format;
• Financial support for the capital expenses associated with the PEG channels;
• Inclusion of PEG programming on an electronic programming guide service;
• Complimentary connections to city and school buildings;
• Carriage of local emergency alerts, which because they relate to local emergencies are
typically not carried on the federal emergency alert system; and
WHEREAS, on August 2, 2019, the Federal Communications Commission released a Third
Report and Order (FCC 19-80) that allows cable companies to establish a market value for non-financial
cable franchise obligations, including many of those listed above, and to deduct that amount from the
franchise fees owed under the cable franchise agreements; and
WHEREAS, the Third Report and Order also exempts cable companies from complying with
certain local requirements applicable to non-cable services and equipment such as small cells and other
wireless facilities, creating a regulatory advantage for cable companies over their competitors; and
WHEREAS, the Third Report and Order undermines the City's cable franchise agreements and
rights-of-way management policies, proposes to subsidize commercial access to public property for private
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CITY OF DINA
4801 West 50th Street • Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389
Dated: Fe• uary
Attest:
N.
on Allison, City Clerk James B. Hovland, Mayor
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interests and removes longstanding community benefits, all of which harm our community and impact
basic municipal services; and
WHEREAS, the Third Report and Order threatens a future action that would redefine PEG
channel capacity as a franchise fee, which will result in a choice between preserving PEG channels or
accepting further reductions in franchise fees.
NOW, THEREFORE, BE IT RESOLVED that the City opposes the findings in the Third
Report and Order and opposes any other infringement on cable franchise fees, PEG channels or the other
provisions of the cable franchise agreements, including the Federal Communications Commission's
proposal to allow cable companies to deduct the value of PEG channel capacity from their franchise fee
payments; and
BE IT FURTHER RESOLVED, that a copy of this resolution be sha -d with our congressional
delegation with a request that they communicate to the Federal Commu c:tions Commission their
opposition to the proposed recharacterization of PEG channel capacity as a " a chise fee."
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
February 19, 2020, 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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