95-15The League urges cities to adopt the following resolution in support of S.F. 568 (Johnson, J.), the
Emerging Communications Acts of 1995, and to send a copy to local legislators requesting their
active support of this bill.
RESOLUTION NO. 9 5 -1 5
RESOLUTION SUPPORTING PASSAGE OF THE "M)[NNESOTA EMERGING
COMMUNICATIONS SERVICES ACT OF 1995"
WHEREAS, the City of Otsego (City) 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 ensure 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, at a regular meeting of the �c90 City Council dated
Ma rrh 77 . 1995, the City endorses the "Minnesota Emerging Communications Services
Act of 1995" and encourages its adoption by the Minnesota State Legislature for the following
reasons:
1. Public Property and Public Rights -of -Way arevaluable public assets and Local
Authorities are entitled to ensure that the public is benefitted, 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.
3. Existing state statutes 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.
The City concludes that Local Authorities must have the authority to require Emerging
Communications Services utilizing Public Property and Public Rights -of -Way 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.
This Resolution passed and adopted by the City this ?.Z day of Ma rr-h . 1995.
City of Otsego
Its `
Norman F reske, Mayor