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HomeMy WebLinkAboutResolution No. 367-18 - CMN-RUS.CableFranchiseConsideration RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City finds the following regarding the Application of CMN-RUS, Inc. for a Cable Communications Franchise: RECITALS: 1. CMN-RUS, Inc., d/b/a MetroNet (“CMN”) has requested that the City of Rochester, Minnesota (“City”) commence proceedings to consider the award of a cable communications franchise to CMN. 2. Minnesota Statutes Section 238.08(a) mandates that a city require a franchise for any cable communication system providing service within the city. 3. Federal law at 47 U.S.C. Section 541(a) provides that a city “may not unreasonably refuse to award an additional competitive franchise.” 4. The City retained the law firm of Moss & Barnett, a Professional Association, to assist the City in conducting the procedure required under Minnesota Statutes Section 238.081 and the review of any applications submitted to the City. 5. The City followed the franchise procedure required by Minnesota Statutes Section 238.081 by publishing once each week, (August 25, 2018 and September 1, 2018) for two successive weeks in the Post Bulletin, a Notice of Intent to Franchise a Cable Communications System (“Notice”). 6. In addition to the published Notice, the City provided copies of the Notice and the Request for Proposal to CMN and to the City’s existing cable operator, CC VIII Operating, LLC, d/b/a Charter Communications, Inc. (“Charter”). 8. 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 Section 238.081, Subd. 4. 9. The City’s closing date for submission of applications was set for September 19, 2018 which complied with the statutory minimum of twenty (20) days from the date of first publication. 10. Upon the deadline for submitting applications, September 19, 2018, the City received only one application, from CMN. 11. The City determined to call a Public Hearing to consider the application received from CMN at its regularly scheduled November 5, 2018 meeting. 12. All interested parties were provided an opportunity to speak to the City Council and to present information regarding this matter, including Charter. 13. The City carefully reviewed all information and documentation presented to it regarding CMN’s proposal and qualifications to operate a cable communications system within the City. 14. Based on information and documentation made available to the City and the letter and attachments, dated October 30, 2018, prepared by Moss & Barnett with respect to CMN’s application, the City Council has reached conclusions regarding CMN’s legal, technical and financial qualifications. NOW THEREFORE, the City of Rochester, Minnesota hereby resolves as follows: 1. The City hereby finds that CMN’s application, received on September 18, 2018, complies with the requirements of Minnesota Statute Section 238.081. 2. The City finds that CMN possesses the requisite legal, technical and financial qualifications to operate a cable communications system within the City. 3. City staff is authorized to continue negotiations with CMN to attempt to reach mutually acceptable terms for a cable television franchise to be introduced to the City Council for consideration. 4. 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. Section 541(a). PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF ______________, 2018. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF _____________________, 2018. __________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) 2