02-46CITY OF OTSEGO
RESOLUTION 2002 :46
RESOLUTION APPROVING THE FRANCHISE APPLICATION
SUBMITTED BY CHARTER COMMUNICATIONS
WHEREAS, the City of Otsego ("City") is a municipal corporation organized
under the laws of Minnesota;
WHEREAS, the predecessor to Charter Communications Holding Co., LLC
("Charter") was issued a "line extension permit" authorizing the delivery of cable
service;
WHEREAS, Charter's predecessor requested that the City renew the line
extension permit which expires on or about December 31, 2002, and;
WHEREAS, the City subsequently received an inquiry from WH LINK, LLC
("WH Link") concerning grant of a cable franchise authorizing the delivery of
competitive cable services in the City;
WHEREAS, in response to these requests, the City initiated the cable franchising
process mandated by Minnesota Statutes, Chapter 238, provided notice of its intent to
consider issuance of franchises, received cable franchise applications from Charter and
WH- Link, held a public hearing concerning the applications on May 13, 2002, permitted
submission of additional written comments, received timely written comments from WH
Link and no comments from Charter, and considered the applications at several separate
Council meetings and a worksession;
WHEREAS, the City Council received and considered a report from its special
cable counsel dated August 21, 2002 concerning the applications;
WHEREAS, on October 14, 2002, the City adopted a cable regulatory ordinance
setting forth certain requirements generally applicable to all providers of cable service
operating in the City;
WHEREAS, the City may require adequate assurance that the applicants have
the financial, technical, or legal qualifications to provide cable service, may consider
whether the applicants' proposals for providing cable service are reasonable and in the
public's interest, and may require each successful applicant to accept a franchise
containing reasonable terms and conditions;
WHEREAS, the City has reviewed and considered the franchise applications,
including the proposals for providing cable service in the City, and proposed franchise
ordinances authorizing the delivery of cable service in the City;
WHEREAS, the City considered and approved Charter's qualifications in 1999
when the City approved transfer of rights under the line extension permit to Charter;
WHEREAS, the City has reviewed and considered Charter's franchise
application, including Charter's proposal for providing cable service in the City, and a
proposed franchise ordinance authorizing Charter's continued delivery of cable service
in the City;
NOW, THEREFORE, BE IT RESOLVED THAT, competition in the delivery of
cable services may benefit residents and businesses in Otsego by increasing the
availability of advanced telecommunications services and infrastructure and contribute
to the overall vitality of the community;
BE IT RESOLVED FURTHER THAT, federal and state laws and regulations
encourage competition in the provision of telecommunications and cable service and the
City may not unreasonably refuse to award an additional competitive franchise;
BE IT RESOLVED FURTHER THAT, Charter continues to possesses the
requisite legal, technical and financial qualifications to provide cable television services
in the City;
BE IT RESOLVED FURTHER THAT, Charter's franchise application is
approved subject to the following conditions:
1. Charter must promptly accept and execute the cable franchise
ordinance offered by the City;
2. Charter must construct and operate a system, provide services to
residents, and provide other consideration to the City in accordance with
the franchise and franchise application, which shall be incorporated into
any franchise issued by the City;
BE IT RESOLVED FURTHER, that this Resolution shall be effective
immediately.
Approved thisagl,- day of October, 2002 by the City Council of Otsego,
Minnesota.
Its: Mayor