02-523QR1G4��L
Presented By
Council File # � 7. - 5 a1. 3
Green Sheet # 103525
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Referred To Committee: Date
1 A resolution authorizing the City of Saint Paul (City) to support the efforts of ALOAP (Alliance of Local Organizations
2 Against Preemption), an alliance of the National League of Cities (NLC), the U.S. Conference of Mayors (USC�, the
3 Nationai Association of Telecommunications Officers cmd Advisors (NATOA), and the National Association of Counties
4(NACO), in proceedings before the Federal Communications Commission (FCC) and the Court ofAppeads regarding cable
5 modem services.
6 WHEREAS, the City supports the efforts of ALOAP in the proceedings involving cable modem services, including financial
7 support for the appeal from the Declazatory Judgement of the FCC, the Rule making before the FCC, and filing of comments
8 by the City in the Rulemaking before the FCC; and
9 WHEREAS, the Cable Company, in its franchise agreement with the City, agreed to pay the City of Saint Paul a percentage
10 of gross receipts of its services, including cable modem services, and the Cable Company has given notice to the City that
11 it will no longer pay franchise fees on cable modem services as a result of the FCC's classification of cable modem service
12 as an interstate information service.
13 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint Paul authorizes the payment of
14 $5,000.00 from Special Fund 166-31121-0219 to NATOA to support the efforts of ALOAP to represent local governments
15 before the Court of Appeals and/or the Federal Communications Commission and authorizes City staff to file comments
16 before the FCC in the cable modem proceeding.
Adopted by Council: Date ,'o. ^ r,� �
Adoption Certified by Counci cretary `
Requested by Department of:
Technology and Manae.ement Services
/ �► �,
Form Approved by City Attorney
By: (Y� /cSG(� � , U�( (�
Depar6ne�Nlofficelcoune7l: Date IniUated Green Sheet No 103525 jja...5�3
Ot£ice of Cable Communications 6/04/02
CoM'act PeBOn 8 Phone: Mitlalldate INdaYdate
Holly Hansen - 266-8875 � 1 n�P„weo� n�. a c� co��
Must Be on Cou�il Agende by (Date) ��9� 2 Ciry Attomey� _ City Cledc
Number Fiaancial Serv D'v. _ Financial Se�v/
6/12/02 F , r 3 Mayor(OrAsst) _ CivilServiceCommission
RoWng
Order
Total � of Signature Pages 3 (Clip All Locatio� for Sig�qprre)
aaor� Rey�esc�a: Appmve resolution to authorize payment of $5,000 to ALOAP (Alliance of Local Organizations
Against Preemption) to support efforts to represent local governments before the Court of Appeals and the Federal
Communications Commission (FCC) regazding the FCC's DeclaraYory Judgement on cable modem services.
Recommendations: Approve (A) or RejeG (R) Personal Service Contracts Must A�rer fhe Following Questions:
7. Has fhis person/firm ever worked under a coMract for this department?
Planning Commissan Yes No °
CIB Committee " 2. Has this person/firtn ever been a city employee?
Civil Service Commission Yes No
3. Dces this person/firm possess a skill not normaly possessed by any cunent city
employee? Yes No
. ExpWin aIl yes answers on separate sheet and atfach to green sheet
Initiating Problem iss�,e, Opportunity (Who, wnaq vvnen, wnere, wnyg The FCC issued a Declaratory Ruling classifying cable
modem service as an information service. The cable company has notified the City that it will no longer pay
franchise fees to the City on this service; as a result, the City will lose an estimated $100,000 in franchise fees in
2002. Local governments across the country are uniting through ALOAP to appeal this ruling in the Court of
Appeals and at the FCC.
aa�e�r�� iraPP.�a: The City will participate in comments that would support the position of local
govemment and wit! lend financial support to make this important effort possib{e.
�� ��
JU� 6 � ����
o�saavao�ges ir aPPro�ea: The outcome of these efforts in the courts and at the FCC aze n�t�uar�ant�ed �� ��� �.
o�saava�r�9as n Noe nPProvea: The City would not participate in the proceedings and would not be representing its
interests. ���`�
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Total AmouM of Transaetlorc S$5,000 � A . CosURevenue Budgated: yes
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Funding Sour¢e: �nd 166 ��� � Activity Number: 31121-0219
Financiat Informafion: (Explaln)
c
ii4/�V� M
�w�dnry� �n�.�.�ya . - .
Approval forWaiverto HiringiPmmotion, Capital Ontiay, Service �ontrack �
and Out-of-State Travel E enditare Freeze
Departmeut or Office CoutaMPersou and Phone Date Initiated O}�S'„�
Office of Cable Communications Holly Hansen 266-8875 . May 28, 2002
Description and purpax of ti¢ing w ezpmdifurq iuclndingwhy it addr�tses an emagmcy or Lardship sitoadoa
� /
Reqnest to anihorize a contn"bution of 55,000 to NATOA (National Association of Telecommunications Officers and Advisors) to
participate in praceedings at the FCC (Federal Communicalioos Commission) and in the Ninth Circnit regarding the FCC's
5nding that cable modem service is an "interstate information service." The City would be joiningwith other cities across t6e
country in this effort and with the USCM (U.S. Conference of Mayors), NLC (Nationai Leauge of Cities}, and NACO {National
Association of Counties) as well as NATOA in a coaiition named ALOAP (Allience of Local Organizations Against Preemption).
AT&T Broadband wontd have paid an estimated $100,000 in franchise fees to the City in 2002 on this service had the FCC ruling
notoccurred.
Effecton departmwt or o�ce and servim Ieveis if hiring or ezpevditure is deJxyed to Istv in 2002 or uot approved.
The time to take action is now; the timeiines am driven by the FCC's NPRM (NoHce of Proposed Rulemaking� and the appeal
process in the Piinth Circuit
Effu[ uu your departme¢t or o8'ice and snvice levels it hiring or upeaditure is delayed until 2003.
Same as above
Total Amount oCTrausactiou - � Fuudiug Sourtt Fund 166 Activiry Number 31121
$5����
Finaucial Ioformation (explain) .
How can t6e Elling of t6u poaiUoo lead ro a service rcdesign, conaalidadoq reorganizatioo, or merger?
N/A
Attach this form to any personnel requisition submitted requesting a freeze waiver.
Authorized staff or director musY sign below for any nonpersonnei expenditure waiver.
by:
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Director of Finaricial Services bate G:�ussxs���acmGSnzooz��ver rey�c �n�e nwaem xnron.�a