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94-1076 Council File # `+4 — 07( Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented B 0� Y LZ / /� Referred To Committee: Date A Resolution requesting Senators Wellston and Durenberger maintain local government's franchising authority when telephone companies provide cable service. 1 WHEREAS, the City of Saint Paul serves a vital role as trustee of the public 2 right -of -way for the benefit of the citizens and taxpayers of Saint Paul, and 3 4 WHEREAS, the City Saint Paul ex�rcises that role by entering into franchise agreements 5 with any entity that wishes to use t e public right -of -way, and 6 7 WHEREAS, the many franchise agreements the City has entered into contain clauses 8 which protect the public interest including things such as construction standards, 9 indemnification conditions, obligations to restore the public right -of -way and consumer 10 protection provisions, and 11 12 WHEREAS, the many franchise a eement cover the cost for the City to administer, 13 negotiate and enforce the agreeme t, and 14 15 WHEREAS, in the case of the cab a franchise for the City of Saint Paul, there contains 16 public access requirements that pr 'de citizens and community organizations the 17 opportunity to share in video broa casting, and participate in telecommunications 18 activities for purposes of sharing i ormation and ideas, thereby promoting a diversity of 19 viewpoints in the electronic marke lace, and 20 21 WHEREAS, the Saint Paul cable franchise provides the public an opportunity to view 22 the City Council public hearings and legislative deliberations, and 23 24 WHEREAS, the cumulative value f the public benefit guaranteed by the cable franchise 25 agreement to the City is approxim tely 1 million dollars a year, and 26 27 WHEREAS, current technology h evolved to such an extent that the telephone 28 companies are capable of offering he same services that cable companies offer, and 29 30 WHEREAS, since local governme is currently have no franchising authority over 31 telephone companies, there is a re 1 risk that the Saint Paul cable franchise will become 32 obsolete if the telephone compani s are allowed to provide video cable -like services 33 without local franchises, and 1 WHEREAS, the United States Senate is considering a bill, S 1822, that recognizes that 2 local governments should continue to play an important role in developing the nation's 3 information infrastructure, 4 5 THEREFORE, BE IT RESOLVE , that the City of Saint Paul urges Senator Wellston 6 and Senator Durenberger to SUPP RT the local franchise provisions in Section 501 of S 7 1822 , and 8 1 9 BE IT FURTHER RESOLVED, t at the Senators amend those provisions to clearly 10 state that telephone companies pro 'ding cable service are subject to the same local 11 public interest obligations to which able operators are subject. Yea, Na s Ab--nt Blakey ✓ Y Requested by Department of: Harris �j Grimm ✓ _____,e__ Guerin Me and ✓ Reitman Thune ly By: ii a. 1 , Form Approved by City Attorney Adopted by Council: Date ° � `'� l Adoption Certified by Counci S etary By: ..a-....A•!..• 4 _x -,_ By: IL e Approved b Mayor for Submission to Council Approved by M . li � : Date SOW i _ i, l 4 By: E DEPART 1ll/I1i9P' � QUl fiL 7 /27 / , , DAMP INITIATED N ° 2 ✓ 2 5 i1 / / GREENSHEET 1 CONTACT PERSON & PHONE Q rl DEPARTMENT DIRECTOR ED CITY COUNCIL Tony a 26641 AS!'3N CITY ATTORNEY Crry CLERK FOR MUST BE ON COUNCIL AGENDA BY (DATE) Row NG [J BUDGET DIRECTOR ED FIN. & MOT. SERVICES DIR. ORER E3 MAYOR (OR ASSISTANT) ED TOTAL # OF SIGNATURE PAGES (CLIF ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Resolution urging the United States SeLators from Minnesota to protect local government tlranc authority. RECOMMENDATIONS: Approve (A) ar Re$ect(R) PIRSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department? CIB COMMITTEE _ YES NO # STAFF 2 Has this person /firm ever been a city employee? YES NO DISTRICT COURT 3 Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO E`plain all yes answers on separate *heat and attach to green attest INITIATING PROBLEM. ISSUE, OPPORTUNITY (Who, Whet, When, Where, Why The United States Senate is considering legislation that could make the Saint Paul Cable franc obsolete, l i ADvANTAlifteFetertif Saint Paul will have a voice in the debate over this issue. DISADVAp jar ezi APPROVED: i DISADVANTAGES IF NOT APPROVED: The City of Saint Paul may lose any read control over the public right -of -way that has a potential of benefits of 1 million dollars a year. I TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN)