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03-1011Council File # �3 � �� � I Green Sheet # 0� q q � Presented By RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Referred To Committee: Date 1 A resolution authorizing the City of Saint Paul (City) to support the efforts of ALOAP (Alliance ofLocal 2 OrganizationsAgainstPreemption), anallianceoftheNationaZLeagueofCities (NLC), the U.S. Conference 3 ofMayors (LTSC�, theNationalAssociation ofTelecommunications O�cers andAdvisors (NATOA), and 4 the National Association of Counties (NACO), in proceedings before the Ninth Circuit Court of Appeals 5 regarding cable modem services. 6 WHEREAS, the City has, per C.F. 02-523, supported the efforts of ALOAP in the proceedings involving 7 cable modem services, including financial snpport for the appeal from the Declaratory Judgement of the 8 FCC, the Rule maldng before the FCC, and filing of comments in the Rulemaking before the FCC; and 9 WHEREAS, the Ninth Circuit Court of Appeals has recently ruled that cable modem service is not a cable 10 service, but a telecommunications service, and it appeazs likely that the Ninth Circuit will be asked to review 11 that decision en banc, and ALOAP is in need of additional funds to participate in further proceedings before 12 the Ninth Circuit; and 13 WHEREAS, ALOAP is also active in a pending FCC proceeding in which the FCC is considering to what 14 extent local governments have authority to collect franchise or similar fees on revenues from cable modem 15 service, that proceeding may also be affected by the Ninth Circuit decision; and additional funds may be 16 required to protect municipal interests before the FCC; 17 18 WHEREAS, the City has a significant interest in the outcome of these proceedings, and believes it is in its 19 interest and the public interest to support ALOAP's efforts. 20 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint Paul authorizes the 21 payxnent of $1,000.00 from Special Fund 166-31121-0229 to NATOA to support the efforts of ALOAP to 22 represent local governments before the Court of Appeals and/or the Federal Communications Commission 23 and authorizes City staff to file comments before the FCC in the cable modem proceeding. ` tp O 1 Adopted by Council: DateA/�e.h6e�7Z�Z0U3 Requested by Department of: Technology and Management Services B ��� i�/aY�°3 � � ' ��� Appro - �d by Mayo /fpr Sub�i sion Adoption Certified by Council Secretary By: `'-� r � ���tifY . '. . -. . � J Attorney � � � ��Cr.�CiQ.� c� JiC2S � Departr�serM/office/council: Date Initiated Green Sheet No. 200991 03' �O14 Office of Cable Communications 10/24/03 Co�MaG Person 8 Phone: InBiaudate Initiauaate Holly Hansen - 266-8875 � ✓°�' � c; co,��+t i n���t nu. 2 ty /�� � �CityAttomey CityClerk Must Be on Council AgeRda bIl l�) Mumber �'inanciat Suv Dir. �� Financial Servl�. 11/12/�3 For 3�MaYor (Or Asst) _ Civil Service Commission Routing Order Total # of SignaWre Pages i (Clip NI Locations for Signature) aceon Requested: Appzove resolufion to authorize payment of $1,000 to ALOAP (Alliance of Local Organizations Against Preemption) to support efforts to represent local governments before the Ninth Circuit Court of Appeals and the Federal Communications Comxnission (FCC) regarding the FCC's Declatatory Judgement on cable modem services. Recommendations: Approve (A) or Rejed (R) Personal Service Contracts Must Mswer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Planning Commission Yes No CIB Committee 2. Has this person/firm ever been a city employee? Civil Service Commission Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, issue, Opportunity (Who, wnat, wnen, Where, wny�: The Ninth Circuit Court of Appeals issued a ruling that cable modem service is not a cable service, but a telecommunications service. It appears that the Ninth Circuit will be asked to review that decision en banc and ALOAP, a coalition of national associations representing local govemments, is in need of additional funds to participate in further proceedings before the court and possibly before the FCC. The City supported earlier ALOAP efforts in this proceeding in 2002 with C.F. 02-523. , ndvanages if aPProved: The City will participate in comments that would support the position of local government and will lend financial support to make this important effort possible. oisadvantayes it nPProved: The outcome of these efforts in the courts and at the FCC are not guaranteed. oisadvantayes it Not a,PPro�ed: The City wouid not participate in the proceedings and would not be representing its znterests. j; ,; , _�� ' � � '_� ; _ _ . � - �; � � �� �� � � � _� �nm_, .� TotalAmountofTransaction:$ $1,000 �,, � ;? � , ",,,� CwHRevenueBudgeted: yes Funding Source: Fund 166 �� @ a°@� }:,'�'°`t' �"� ¢,X. ��. "„�. Activity Number: 31121-0229 s a 9°�. . s s� t W�__, Financial IMOrmation: (F�cplain) � RECENED G.\Users�DeNfing��hfyDOmmems�Resol�riortskable mod� ALOAP Q9fOJf. U l. I MAYOR'S OFFICE