95-012 RES
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RESOLUTION NO. ~
A RESOLUTION OF THE CITY OF ELK RIVER
RESOLUTION SUPPORTING PASSAGE OF THE
"MINNESOTA EMERGING COMMUNICATIONS SERVICES
ACT OF 1995"
WHEREAS, the City of Elk River 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 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
contributes significantly to the communication needs of its residents, and
e WHEREAS, in pursuit of these goals the City has granted to private interests
the use of Public Property and Public Right-of-Way.
NO\V THEREFORE, at a regular meeting of the Elk River City Council dated
March 6,1995, the City endorses the "Minnesota Emerging Communications
Services Act of 1995" and encourages its adoption by the Minnesota State
Legislature for the following reasons:
FINDINGS
1. Public Property and Public Rights-of-Way are valuable 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.
e 3. Existing state statutes do not adequately address these Emerging
Communications Services.
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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.
CONCLUSION
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.
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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 Ci.ty this -2- day of March, 1995.
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