HomeMy WebLinkAbout00-231 City of Lakeville, Minnesota
Resolution No. 00-231
Regardingfindings of fact with respect to WideOpenWest Minnesota LLC's
proposal for a cable communications franchise.
Recitals
1. Minnesota Statutes § 238.08(a) mandates that the City require a franchise for
any cable communication system providing service within the City.
2. Federal law at 47 U.S.C. § 541(a) provides that a city. "may not unreasonably
refuse to award an additional competitive franchise."
3. The City .carefully followed the franchise procedure required by Minnesota
Statutes § 238.081 by publishing once each week (June 24, 2000 and July 1,
2000) for two successive weeks in the Thisweek-Life & Times a .Notice of Intent
to Franchise a Cable Communications System.
4. The Notice stated all eight (8) criteria outlined in Minn. Stat. § 238.081 Subd. 2.
• . ` 5. 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.
6. 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.
7. The. City's closing date for submission of applications was set at July 21, 2000
which complied with .the statutory minimum of 20 days .from the date of first
publication.
8. The. City Council determined to call a Public Hearing to consider the application
received from WOW at its regularly scheduled August ~ , .2000 meeting.
9. 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.
10. 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.
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• 11. The City retained the law firm of Moss & Barnett, a .Professional Association to
assist-the 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.
12. Based on information. and documentation made available to the City, the report
dated August 7, 2000, .prepared by Moss & Barnett .with respect to WOW's
application, is 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 21, 2000 complies with the
requirements of Minnesota Statute § 238.081.
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.
3. The City has determined .that an ordinance awarding a franchise to WOW should
be introduced to the City Council for consideration and action.
• 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, Charter
Communications ("Charter"), throughout the existing term of Charter's. franchise
which will expire on or about October 26, 2013.
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 thee'
mandates contained in Chapter 238. of .Minnesota Statutes and- applicable
provisions of federal law including 47 U.S.C. § 541(a).
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PASSED AND ADOPTED this 18th day of September , 2000:
CITY OF LAKEVILLE, MINNESOTA
By:
Ma or
.ATTEST'
By:
ity Clerk
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