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File #: ORD 15-2332    Version: Name: CenturyLink Cable Franchise
Type: Ordinance Status: Passed
File created: 12/3/2015 In control: City Council
On agenda: 12/3/2015 Final action: 12/3/2015
Title: FIRST READING AN ORDINANCE AMENDING APPENDIX C - FRANCHISES ARTICLE II. - CABLE TELEVISION FRANCHISE OF THE CODE OF ORDINANCES OF THE CITY OF BLAINE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF BLAINE, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN
Sponsors: Clark Arneson
Attachments: 1. Ordinance 15-2332, 2. CenturyLink Findings (Blaine) 20151022.pdf, 3. Staff Memo on CTL Franchise (Blaine) 20151022.pdf, 4. Staff Report 20150330 (FINAL).pdf, 5. MN Bradley (NMTC) Letter of Agreement FINAL 20150930.pdf, 6. Public Hearing Notice.pdf

PUBLIC HEARING Clark Arneson, City Manager

 

Title

FIRST READING

 

AN ORDINANCE AMENDING APPENDIX C - FRANCHISES

ARTICLE II. - CABLE TELEVISION FRANCHISE OF THE CODE OF ORDINANCES OF THE CITY OF BLAINE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF BLAINE, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY’S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN

Background

The City is one of seven member cities of the North Metro Telecommunications Commission (the “NMTC”). Following the submission of an application for a cable television franchise for each member city of the NMTC, the above-entitled matter initially came before the NMTC for a public hearing on February 18, 2015, at Spring Lake Park City Hall. Said public hearing was held open through February 27, 2015, for the purpose of allowing additional written public comments. Following the public hearing, the NMTC’s Executive Director prepared a detailed report entitled “Staff Report on CenturyLink Cable Franchise Application” (the “Report”). The NMTC received and filed the Report and directed NMTC staff to a negotiate cable television franchise with CenturyLink. NMTC staff negotiated a cable television franchise with CenturyLink and presented it to the NMTC on October 21, 2015. The NMTC adopted a Findings of Fact and Recommendation on October 21, 2015, which recommended approval of the negotiated cable television franchise with CenturyLink by each member city. The CenturyLink Cable Television Franchise is now before the City Council for consideration.

 

Since a cable franchise is granted by ordinance, the City must hold a public hearing on the cable franchise ordinance. The notice was posted at City Hall and on the City’s website and published in the City’s legal newspaper on November 6, 2015.  At a following meeting, the City should take action to approve or deny the proposed franchise ordinance and direct staff to draft findings consistent with its decision.

The NMTC’s attorney, Mike Bradley, Bradley Hagen & Gullikson, LLC, will be present at the Council meeting to respond to any questions

 

Recommendation

Conduct a public hearing on the CenturyLink Cable Franchise Ordinance and introduce the ordinance for first reading.  Second reading and adoption is scheduled for December 3, 2015 along with adoption of written findings of fact to support the action taken.