00-8923r
72
City of Richfield, Minnesota
Resolution No. 8923
Regarding findings of fact with respect to
Everest Connections Corporation's
proposal for a cable communications franchise
Recitals
1. Minnesota Statutes 9 238.08(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. 9 541(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 9238.081 by publishing once each week (June 21 and June 28, 2000)
for two successive weeks in the Sun-Current a Notice of Intent to Franchise a
Cable Communications System.
4. The Notice stated all eight (8) criteria outlined in Minn. Stat. 9238.081 Subd. 2.
5. In addition to the published Notice, the City mailed copies of the Notice of Intent
and the Official Application Form to Everest Connections Corporation ("Everest")
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 9 238.081 Subd. 4.
7. The City's closing date for submission of applications was set at July 14, 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 Everest at its regularly scheduled August 28,2000 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 Everest's proposal and qualifications to construct, own and operate a
cable communications system within the City.
11. The City, as a member of the Southwest Suburban Cable Commission
("Commission") retained the law firm of Moss & Barnett, a Professional
Association to assist the Commission and City in conducting the procedure
required under Minnesota Statutes 9238.081 and reviewing the application
submitted by Everest as well as comments and information from interested
parties.
12. Based on information and documentation made available to the City, the report
dated August 3, 2000 prepared by Moss & Barnett with respect to Everest's
application, and the recommendation of the Commission, each of which hereby is
incorporated in this Resolution by reference, the City Council has reached
conclusions regarding Everest's legal, technical and financial qualifications.
NOW THEREFORE, the City hereby resolves as follows:
1. The City hereby finds that Everest's application of July 14, 2000 complies with
the requirements of Minnesota Statute 9 238.081.
2. The City finds that Everest 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 Everest
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, KBL
Cablesystems of the Southwest, Inc., doing business as Time Warner Cable
("Time Warner"), throughout the existing term of Time Warner's franchise which
will expire on or about December 31, 2011.
5. A construction bond should be required of Everest 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 Everest 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 the
mandates contained in Chapter 238 of Minnesota Statutes and applicable
provisions of federal law including 47 U.S.C. 9541(a).
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
August, 2000.
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