00-8856r
RESOLUTION NO. 8856
5
RESOLUTION OPPOSING SF 2133/HF 2137
WHEREAS, the City of Richfield has been granted the legal authority to negotiate,
award and regulate cable television franchises under both Federal Telecommunications Act
Title VI (FT A) and Minnesota Statutes Chapter 238; and
WHEREAS, the City has regulated its cable television franchise responsibly and
reasonably, serving as a local resource to resolving customer service issues; and
WHEREAS, the City has ensured that its cable operator has identified needs and
interests in the community such as local community programming, customer service and
emergency alert requirements; and
WHEREAS, the City has worked with municipalities throughout the State through both
the League of Minnesota Cities (LMC) and the Minnesota Association of Community and
Telecommunications Administrators (MACTA) to further the benefits of cable television to local
communities and to address local concerns regarding cable television; and
WHEREAS, proposed legislation, SF2133/HF 2137, would abolish Chapters 237 and
238 of Minnesota Statutes and regulate cable television operators and telephone companies
the same. The proposed legislation will revoke the City's authority to award cable television
franchises, eliminate the City as a local resource to its citizens, and remover the City's ability to
receive direct support for community television and other provisions that meet local community
needs; and
WHEREAS, cable operators providing cable service are regulated differently than
telephone companies, which act as common carriers under existing federal and state law.
Common carriers are regulated under Title II of the FTA and Chapter 237 of Minnesota
Statutes. Cable operators are regulated under Title VI of the FT A and Chapter 238 of
Minnesota Statutes; and
WHEREAS, there is no need for the proposed legislation, and no other State has
enacted such legislation. It has not been demonstrated by any means that local governments'
role in cable franchising impedes in any manner the ability of cable and telecommunications
companies to offer full and competitive services; and
WHEREAS, the proposed legislation will violate the purpose of the FTA of establishing
franchise procedures and standards which encourage the growth and development of cable
systems and which assure that cable systems are responsive to the needs and interest of the
local community. Nor will it promote competition in cable communications and minimize
unnecessary regulation that would impose an undue economic burden on cable systems; and
WHEREAS, the proposed legislation would actually increase a regulation forcing the
Department of Commerce and the Public Utilities Commission to dramatically increase staff
and regulate cable, even though these agencies have no background or experience in
regulating the cable industry; and
WHEREAS, the proposed legislation will have a negative financial impact on
municipalities and citizens throughout the State. The infrastructure to regulate cable operators
is already in place at the local level and is extremely effective. The proposed legislation would
0124franchise
de~troy the existing infrastru~tyr~,c;m9 repl<;l~e it with a cumbersome, expensive administrative
agency at the State level; and
WHEREAS, the proposed legislation does not adequately address, Open Access,
protection against Redlining, local infrastructure to address service complaints, destruction of
existing contracts or agreements or PEG programming; and
WHEREAS, the City has expended considerable time and resources negotiating a new
cable franchise that meets the community's needs. The City has also worked closely with
neighboring jurisdictions to enter into a joint powers commission to share resources and jointly
develop local programming and related activitiE;}s to further community needs.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City of Richfield has a significa.nt interest in retaining its ability to franchise companies
providing cable television servic.es and is h~reby opposed to any legislation that would
revoke this authority.
2. That any legislation eliminating Chapter 238 at this time is premature. The City Council
respectfully requests the State Legislature to carefully study the dynamics of federal and
state cable regulation prior to passing any new legislation.
3. The City Council respectfully requests the State Legislature to include the City, the LMC
and the MACTA in all discussions and hearings concerning cable regulation.
Adopted by the City Council Qf the City of Richfield, Minnesota this 24th day of January
2000.
?-7~JW
Martin J. Ki , Mayor
ATTEST:
./~ P f2L~
Thomas P. Ferber, City Clerk