DISCLAIMER

 

06-0136R                                                          REPLACEMENT


RESOLUTION ADOPTING CERTAIN CABLE-RELATED NEEDS AND INTERESTS OF THE CITY OF DULUTH AS IDENTIFIED IN THE FORMAL NEEDS ASSESSMENT REPORT AND RELATED REQUIREMENTS SET FORTH THEREIN; AUTHORIZING THE ISSUANCE OF A REQUEST FOR FORMAL RENEWAL PROPOSAL FOR A CABLE FRANCHISE AND CLOSING THE INITIAL STAGE OF FORMAL FRANCHISE RENEWAL PROCEEDINGS.

BY PRESIDENT REINERT:

     WHEREAS, CC VIII Operating, LLC, d/b/a Charter Communications (Charter), currently operates a cable system for the provision of cable service in the city of Duluth, Minnesota (city); and

     WHEREAS, the city commenced a proceeding to review the past performance of Charter and to ascertain the future cable-related needs and interests of the community; and

     WHEREAS, city staff has prepared and the city council has received a “formal needs assessment report” identifying the cable-related needs and interests of the community, and recommending requirements to be included in a Request for formal renewal proposal for a cable franchise, consistent with federal law.

     NOW THEREFORE, the city of Duluth does resolve as follows:

     (a)  The city council concludes that the past performance of Charter and the cable-related needs and interests of the city are accurately identified by the formal needs assessment report on file in the office of the city clerk as Public Document No.______________;

     (b)  The formal needs assessment report is hereby adopted by the city council as its ascertainment of the cable-related needs and interests of the community. The city council further adopts the requirements as set forth in the formal needs assessment report;

     (c)  The city council hereby closes the ascertainment of cable-related needs and interests and the review of the past performance of Charter contemplated by 47 U.S.C. §546(a);

     (d)  The city council hereby establishes that the deadline for submission of responses to the request for formal renewal proposal for a cable franchise shall be determined at a future date by the chief executive officer; but no later than June 1, 2006.


STATEMENT OF PURPOSE:  The adoption of this resolution is the first step in proceeding with the formal process for renewal of the cable franchise. The formal needs assessment report (report) includes several documents necessary to discuss and identify the needs and interests of the city and to evaluate the cable system operated by Charter. The report includes a document prepared by Virchow Krause and Company, based upon a series of workshops/focus groups, in which recommendations are made with respect to meeting community needs and projecting future cable franchise needs. The report also includes a request for formal renewal proposal requesting that Charter submit a proposal showing how it will satisfy the city’s future cable related needs and interests in any renewal term. Attached to the request for formal renewal proposal is a model franchise agreement.


Pursuant to this resolution, the city council (1) concludes that the past performance of Charter and cable-related needs and interests of the city are accurately identified by the formal needs assessment report; (2) adopts the report as the city’s ascertainment of its cable-related needs and adopts the requirements set forth therein; (3) closes the ascertainment of cable-related needs and interests and the review of past performance of Charter; and (4) establishes a deadline for submittal of the request for formal proposal at a date to be determined by the chief executive officer, but no later than June 1, 2006.