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78-5990R111 RESOLUTION N0. 5990 A RESOLUTION DENbTING QUALIFIED APPROVAL OF A PROPOSED CABLE SERVICE TERRITORY WITHIN. THE BOUNDARIES: OF THE MUNICIPALITIES OF BLOOMINGTON, EDINA, RICHFIELD, EDEN PRAIRIE, ST. LOUIS PARK, HOPKINS AND MINNETONKA WHEREAS, Northern Cablevision, Inc, has .given notice of its intent to propose a cable service territory (CST) within the boundaries of the munic- ipalities of Bloomington, Edina, Richfield, Eden Prairie, St. Louis Park, Hopkins and. Minnetonka, and WHEREAS, such a proposal must be submitted to the Minnesota Commission on Cable Communications (MCCC) for approval, and WHEREAS, this council is advised .that. Northern Cablevison, Inc, is the owner of franchises to provide cable communications within the cities of Bloomington and St. Louis Park, and WHEREAS, the MCCC has been charged by law with the duty of adopting a -set of standards for the establishment of cable service territories "within which a franchise ma be awarded" and procedures to be followed for alteration of cable service territory boundaries, and WHEREAS; the MCCC is required to approve or reject boundaries for specific territories, and WHEREAS, the MCCC has adopted certain regulations relating to the processing of proposals for the establishment of CST's, and _ WHEREAS, MCCC Regulation Section 4..2.25B includes a provision that the board shall require and consider the plans for franchising the remaining unserved area.; detailed demographic data; resolutions from the governing bodies of all municipalities contacted by the party or parties proposing the cable service territory stating their approval or disapproval of such proposal, and WHEREAS, MCCC Regulation .Section 4.226F provides that: "The Board shall consider the following factors in determining its approval or rejection of a proposal for a cable service territory: the impact of such a territory on the cable Board's plan or systems of other governmental units which are contiguous to or close proximity to the proposed boundaries; the impact of the proposed territory on plans and reports adopted by the Metropolitan Council or other appropriate regional development commission; the economic viability of such proposed territories; the relationship of the cable service territory to cooperative arrangements between municipalities; the relationship of the cable service territory to municipal, county and school district boundaries; the technical feasibility of a cable communications system in the proposed cable service territory; and any other fac~ors the Board deems relevant", and Resolution No. 5990 WHEREAS, the City of Richfie the factors and criteria to be co disapproval of a CST., and WHEREAS, the City of Richfie City of Richfield would be, in to system, if it were included in th which Northern Cablevision, Inc. WHEREAS, the City of Richfie elusion in the proposed CST., but the foregoing matters before bein of being included or excluded, an -2- d does not yet have information addressing. sidered by the MCCC in the approval or d does not. now know what the effect upon the ms of enfranchising a cable communications proposed CST along with two communities-in lready has. franchises, and d does not oppose being considered. for in- esires to have complete information about required to state its position on the merits r t WHEREAS, the regulation seems to require the City to either approve or disapprove of the proposed CST prlior to the filing of the application and the receipt of such information, ', NOW, THEREFORE, BE IT RESOLVEp by the City Council of the City of Richfield. as follows: 1. The City of Richfield dol'~es not object to .being considered for _ inclusion within the proposed CSTldescribed above. 2. The City of Richfield takes no position at this. time on the merits of its being included in or excluded from the proposed CST. 3. The City of Richfield provisionally.approves of the proposed CST, in order to fulfill the requirement of approval or disapproval, and requests that it be permitted to participate fully, as an interested party, in any proceedings relating to the estab~ilishment of the proposed CST or any modification thereof. Passed by the City Council o';f the City of Richfield :this 23rd day of October, 1978. ', ATTEST: Thomas J. M an City Cleric