HomeMy WebLinkAbout16-110CITY OF LAKEVILLE, MINNESOTA
RESOLUTION NO. 16-110
Regarding Application of Frontier Communications of Minnesota, Inc.
for a Cable Communications Franchise
RECITALS:
1. Frontier Communications of Minnesota, Inc. ("FCM") requested that the City of
Lakeville, Minnesota ("City") commence proceedings to consider the award of a cable
communications franchise to FCM.
2. Minnesota Statutes Section 238.08(a) mandates that a city require a franchise for any
cable communication system providing service within the city.
3. Federal law at 47 U.S.C. Section 541(a) provides that a city "may not unreasonably
refuse to award an additional competitive franchise."
4. The City retained the law firm of Moss & Barnett, a Professional Association, to assist
the City in conducting the procedure required under Minnesota Statutes Section
238.081 and the review of any applications submitted to the City.
5. The City followed the franchise procedure required by Minnesota Statutes Section
238.081 by publishing once each week, (April 22, 2016 and April 29, 2016) for two
successive weeks in the Lakeville Sun Thisweek, a Notice of Intent to Franchise a Cable
Communications System ("Notice").
6. In addition to the published Notice, the City provided copies of the Notice and the
Request for Proposal to FCM and to the City's existing cable operator, Charter Cable
Partners, LLC ("Charter").
8. 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 Section 238.081, Subd. 4 and the City Code Section 3-11-1.15.
9. The City's closing date for submission of applications was set for May 16, 2016 which
complied with the statutory minimum of twenty (20) days from the date of first
publication.
10. Upon the deadline for submitting applications, May 16, 2016, the City received only
one application, from FCM.
11. The City Council determined to call a Public Hearing to consider the application
received from FCM at its regularly scheduled June 6, 2016 meeting.
12. Prior to the Public Hearing Charter submitted a letter to the City setting forth Charter's
position regarding FCM's application.
13. All interested parties were provided an opportunity to speak to the City Council and to
present information regarding this matter, including Charter.
14. The City carefully reviewed all information and documentation presented to it
regarding FCM's proposal and qualifications to operate a cable communications
system within the City.
15. Based on information and documentation made available to the City and the letter
and attachments, dated August 4, 2016, prepared by Moss & Barnett with respect to
FCM's application, the City Council has reached conclusions regarding FCM's legal,
technical and financial qualifications.
NOW, THEREFORE, the City of Lakeville, Minnesota, hereby resolves as follows:
1. The City hereby finds that FCM's application of May 16, 2016 complies with the
requirements of Minnesota Statute Section 238.081.
2. The City finds that FCM possesses the requisite legal, technical and financial
qualifications to operate a cable communications system within the City.
3. City staff is authorized to continue negotiations with FCM to attempt to reach
mutually acceptable terms for a cable television franchise to be introduced to the City
Council for consideration.
4. 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. Section 541(a).
ADOPTED this 15th day of August, 2016
ATTE
Its: City Clerk
CITY OF LAKEVILLE, M7T,A
Its: Mayor