HomeMy WebLinkAbout6.f. Notice of Intent to Franchise Cable ServicesA
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CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE:
JULY 18, 2000
AGENDA ITEM: NOTICE OF INTENT TO FRANCHISE
CABLE SERVICES
AGENDA SECTION:
CONSENT
COUNCIL ACTION:
PREPARED BY: PAULA GRAFF,
AGEND #
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HUMAN RESOURCES/ COMMUNICATIONS COORDINATOR
ATTACHMENTS : NOTICE OF INTENT TO FRANCHISE &
APPROVED BY:
POLICIES AND PROCEDURES GOVERNING APPLICATION OF
COMPETITIVE CABLE FRANCHISES
At the June 6, 2000 meeting, the City Council approved a Competitive Cable Franchise Policy
of this policy resulted from interest expressed by Wide Open West (WOW) in constructing a b
system among the joint power cities of Apple Valley, Farmington, and Rosemount.
The next step in the process is to advertise for competitive bids through publication of the Notice of
Franchise. Interested companies will be required to provide a detailed application including informm
as: plans for analog and digital capacity, a description of the proposed system design, a schedule of
rates, a construction timeline, and details of financing and ownership, etc. (See attached Policies an
Procedures). Applicants will also be required to submit a $20,000 application fee to cover any expe
incurred by the City during the application review process.
Applications that are received will be thoroughly reviewed City staff and the Cable Commission's
Creighton, Bradley and Guzzetta. This firm has already begun a review of Wide Open West (WO
another potential applicant, Everest Communications, due to the firm's involvement with other me
commissions who have already received applications from Everest and WOW.
A public hearing with then be held on September 5, 2000 to allow all franchise applicants a reasi
opportunity to be heard. Following a seven day waiting period after the public hearing, the City
choose to approve a franchise, if they find any of the applications to be acceptable.
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RECOMMENDED ACTION: MOTION TO APPROVE THE PUBLICATION OF THE NOTICE
INTENT TO FRANCHISE.
OF
COUNCIL ACTION:
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To be Published July, 21 and July 28 2000
NOTICE OF INTENT TO FRANCHISE
CITY OF ROSEMOUNT, MINNESOTA
The City of Rosemount, Minnesota (the "City ") is hereby soliciting applications from
qualified entities that are interested in constructing a cable system and providing cable service
within the territorial limits of the City. Notarized applications that contain all of the information
required by Minn. Stat. § 238.081, Subd. 4 and local policies and procedures, and that comply
with all state and local requirements must be received by 4 :00 p.m. on August 18, 2000 at City of
Rosemount, 2875 —145 Street West, Rosemount, MN 550684997. Each franchise application
must be accompanied by an application fee in the amount of $20,000. This fee shall be paid to
the City via a certified check made payable to the City of Rosemount.
Every franchise proposal submitted by an applicant must include a design for a state -of-
the -art cable system that is capable of reliably providing a panoply of cable services to
subscribers. In reviewing each applicant's franchise application, the City will consider all
relevant factors, including, but not limited to: (i) comparisons of the level, quality and nature of
cable services proposed by the applicant to that provided by the incumbent cable system
operator; (ii) the cable- related needs and interests of the community, as identified solely by the
City; and (iii) information regarding industry trends, state -of -the -art technologies, modern cable
services and other related information.
The City will hold a public hearing to consider any franchise applications it receives at
8:00 p.m. on September 5, 2000 at Rosemount City Hall, 2875 —145 Street West, Rosemount,
MN 55068. All questions concerning the franchising process and any requests for information
should be directed to Tom Burt, City Administrator, City of Rosemount, 2875 —145 Street
West, Rosemount, MN 55068, (651) 322 -2002.
ISSUED BY THE CITY OF ROSEMOUNT, MINNESOTA
July 10, 2000
THE CITY OF ROSEMOUNT, MINNESOTA
POLICIES AND PROCEDURES
GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS
REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES
Section 5. Information Required in Application.
An Application for a competitive Franchise must be signed by an authorized officer or principle
of the Cable Company and be notarized and must include at least the following:
(1) A statement that the Applicant seeks to construct a Cable System and to provide Cable
Services within the City;
(2) The name, street address, e-mail address and telephone number of the individuals who are
authorized to provide and certify information on behalf of the Applicant;
(3) Plans for analog and digital channel capacity, including both the total number of analog and
digital channels capable of being energized in the system and the number of analog and
digital channels to be energized immediately;
(4) A statement of the television and radio signals for which permission to carry will be
requested from the Federal Communications Commission, or any other required regulatory
agency;
(5) A description of the proposed system design and planned operation, including at least the
following items:
(i) The general area for location of antennae and the head end, or description of
programming delivery plan if otherwise;
(ii) The schedule for activating two -way capacity and any other system capacity to be
activated in conjunction with the Cable System;
(iii) The type of automated services to be provided;
(iv) The minimum number of video channels, other Cable Services, and other kinds of
services to be made available to residents;
(v) The number of channels and services to be made available for community /access
programming; and
(vi) A plan for funding of facilities and staff for community /access programming and/or a
plan for interconnection and provision of such programming in cooperation with the
incumbent Cable Company.
(5) Plans for the provision of Institutional Network capacity and services or other "in- kind"
services and the terms, conditions and technical standards under which particular service is
to be provided to governmental, educational, and other institutional entities;
(7) A list of all institutions receiving Institutional Network service;
(8) A schedule of proposed rates in relation to the services to be provided, and a proposed
policy regarding unusual or difficult connection of services;
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(9) A time schedule for construction of the entire system with the time sequence for wiring the
various parts of the area to be served;
(10) Information supporting and indicating the applicant's financial, technical and legal
qualifications and experience in the cable communications field, if any;
(11) An identification of the municipalities in which the applicant either owns or operates a
Cable System, directly or indirectly, or has outstanding Franchises for which no system has
been built;
(12) Detailed plans for financing of the proposed system, which must indicate every significant
anticipated source of capital and significant limitations or conditions with respect to the
availability of the indicated sources of capital;
(13) A statement of ownership detailing the corporate organization of the applicant, if any,
including the names and addresses of officers and directors and the number of shares held
by each officer or director, and intracompany relationship including a parent, subsidiary or
affiliated company;
(14) A statement of a form and substance acceptable to the City indemnifying the City fully
against any claims or liabilities alleged as the result of City's exercise of these Policies and
Procedures including any such claims or liabilities alleged or asserted by the incumbent
Cable Company;
(15) An agreement to pay the City a Franchise fee in the same percentage of gross revenues as
the incumbent providers;
(16) A notation and explanation of omissions or other variations with respect to the
requirements of the Application; and
(17) Submission of an Application Fee in the amount of $20,000.00
Authority: Minn. Stat. § 238.081, Subd. 2 and 4.
1, Approximately $20,000.00 if a City will be reviewing a franchise application, or $50,000
if a Commission will be receiving and reviewing one or more applications on behalf of
its member cities.
2