03-1011Council File # �3 � �� � I
Green Sheet # 0� q q �
Presented By
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 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;
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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.
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Adopted by Council: DateA/�e.h6e�7Z�Z0U3
Requested by Department of:
Technology and Management Services
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Appro - �d by Mayo /fpr Sub�i sion
Adoption Certified by Council Secretary By:
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Attorney
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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 $1,000 to ALOAP (Alliance of Local Organizations
Against Preemption) to support efforts to represent local governments before the Ninth Circuit Court of Appeals
and the Federal Communications Comxnission (FCC) regarding the FCC's Declatatory Judgement on cable modem
services.
Recommendations: Approve (A) or Rejed (R) Personal Service Contracts Must Mswer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Planning Commission Yes No
CIB Committee 2. Has this person/firm ever been a city employee?
Civil Service Commission Yes No
3. Does this personffirm possess a skill not normally possessed by any current city
employee? Yes No
F�cplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, issue, Opportunity (Who, wnat, wnen, Where, wny�: The Ninth Circuit Court of Appeals issued a ruling that
cable modem service is not a cable service, but a telecommunications service. It appears that the Ninth Circuit will
be asked to review that decision en banc and ALOAP, a coalition of national associations representing local
govemments, is in need of additional funds to participate in further proceedings before the court and possibly
before the FCC. The City supported earlier ALOAP efforts in this proceeding in 2002 with C.F. 02-523.
, ndvanages if aPProved: The City will participate in comments that would support the position of local government
and will lend financial support to make this important effort possible.
oisadvantayes it nPProved: The outcome of these efforts in the courts and at the FCC are not guaranteed.
oisadvantayes it Not a,PPro�ed: The City wouid not participate in the proceedings and would not be representing its
znterests. j; ,; , _�� ' � � '_� ; _ _ .
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.� TotalAmountofTransaction:$ $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.
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MAYOR'S OFFICE