HomeMy WebLinkAbout95-063 CITY OF LAKEVILLE
RESOLUTION
DATE: April 3, 1995 RESOLUTION NO: 95-63
MOTION BY: Harvey SECONDED BY: Sindt
RESOLUTION SUPPORTING PASSAGE OF THE
"MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995"
WHEREAS, the City of Lakeville is responsible for monitoring the operation and activities of cable
communications in the City; and
WHEREAS, the City provides coordination of administration and enforcement of the cable franchise;
promotes the development of locally produced cable television programming; and conducts such other
activities to endure equitable and reasonable rates and service levels for the citizens of City; and
WHEREAS, it is the intent of the cable franchise to ensure the development and continued operation
of a cable communications system so that the City may achieve better utilization and improvement of public
services and contribute significantly to the communication needs of its residents; and
WHEREAS, in pursuit of these goals the City has granted to private interests the use of Public
Property and Public Right-of--Way.
NOW, THEREFORE, BE IT RESOLVED, the Lakeville City Council endorses the "Minnesota
Emerging Communications Services Act of 1995" and encourages its adoption by the Minnesota State
Legislature for the following reasons:
FINDINGS
1. Public Property and Public Rights-of--Way are valuable public assets and Local Authorities are
entitled to ensure that the public is benefited, compensated, protected and able to access and share in
the use of any Emerging Communications services that makes use of those Public Rights-of--Way by a
private for-profit provider.
2. There is a wide range of Persons seeking to use Public Property and the Public Rights-of--Way to
deliver video, voice and data services and all such Persons should be treated similarly by State and
Local Authorities.
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• 3. Existing state statues do not adequately address these Emerging Communications Services.
4. Local Authorities are well equipped to analyze and implement the needs and interests of the local
citizen/consumer, and protect taxpayers' investment in Public Property and Public Rights-of--Way.
CONCLUSION
The City concludes that Local Authorities must have the authority to require Emerging Communications
Services utilizing Public Property and Public Rights-of--Ways to:
1. Obtain.. permits and comply with minimum .state standards and existing local standards for use of
Public Property and Public Rights-of--Way.
2. Prohibit redlining and uphold nondiscrimination standards.
3. Oversee the design of local communications infrastructure to ensure the meeting of community needs
which includes ensuring that a portion of the public capacity being delivered on a city, county and
school district specific basis as determined by Local Authorities
4. Allow Local Authorities to receive compensation for use of Public Property and Public Rights-of-
Way.
The City further concludes that existing local authority must be implemented with local permitting authority
which:
1. Enforce compliance with financial, technical, legal and connectivity standards.
2. Authorizes local collection of fees to compensate Local Authorities for both the use of and decrease in
the value of Public Property and Public Rights-of--Way as a result of the construction of and
occupancy by Emerging Communications Services.
3. Assures delivery of Emerging Communications Services to Local Authorities and School Districts.
DATED this 3rd day of April 1995.
CITY O AKEVILLE
By:
uane Zaun, or
ATTEST:
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Charlene Friedges, C' Clerk