IV.8. Authorize Publication of Notice Of Intent to Franchise
March 16, 2015 Council Report 2015-041
AUTHORIZE PUBLICATION OF NOTICE OF INTENT TO FRANCHISE
Proposed Action
Staff recommends that the Council approve the following motion: Move to authorize publication of a
Notice of Intent to Franchise.
This action will begin the process of soliciting applications for a new cable franchise.
Overview
CenturyLink has notified the City that it is interested in building a cable system in Hopkins. State law
establishes the procedures for granting cable television franchises. The first step is to publish a notice in
the City's legal newspaper. Notices are also sent to any company that has indicated an interest in being
granted a franchise.
While the five cities of the Southwest Suburban Cable Commission (SWSCC) will be working together
on the CenturyLink franchise proposal, it is up to each City to initiate its own action. Any applicant will
be given until April 15 to submit a proposal.
Supporting Information
Notice of Intent to Franchise
Request for proposal
______________________________________
James A. Genellie
Assistant City Manager
Financial Impact: $ $0Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:Any expenses by the City will be reimbursed by the companies seeking franchises
NOTICE BY THE CITY OF HOPKINS, MINNESOTA
OF ITS INTENT TO CONSIDER AN APPLICATION FOR A FRANCHISE
Notice is hereby given that it is the intent of the City Council of the City of Hopkins, Minnesota,
to consider an application for a franchise for the purpose of operating a cable communications
system to serve the City of Hopkins, Minnesota. This notice is given in accordance with the
requirements of Minn. Stat. § 238.081.
Applications shall be submitted in response to this Notice and Request for Proposals available
st
on request in the office of the Jim Genellie, Assistant City Manager, City of Hopkins, 1010 1 St
S., Hopkins, MN 55343.
A.The deadline for submitting applications is April 15, 2015.
B.Applications shall be in writing, notarized, in a format consistent with the
Request for Proposals, and sealed with eight (8) copies enclosed. Applications
shall be delivered to the attention of Jim Genellie, Assistant City Manager, City of
st
Hopkins, 1010 1 St S., Hopkins, MN 55343. Two (2) additional copies shall be
simultaneously submitted to the City’s outside legal counsel, Brian Grogan, Moss &
Barnett, 150 South Fifth Street, Suite 1200, Minneapolis, Minnesota 55402.
C.Pursuant to Minn. Stat. § 238.081 subd. 8, Applicants will be required to
reimburse the City for all necessary costs of processing a cable communications
franchise. Each application shall include an application fee of Ten Thousand and
No/100 Dollars ($10,000) in the form of a certified check made payable to the
City of Hopkins, Minnesota. Any unused portion of the application fee shall be
returned to the Applicant and any additional fees required to process the
application and franchise beyond the Application fee shall be assessed to the
Applicant.
D.Applicants are requested to be present at a public hearing before the City Council
that is presently scheduled to be held at City Hall, beginning at approximately 7
p.m. on May 19, 2015. Each applicant will be given time to summarize its
application.
E.The Request for Proposals sets forth in detail the expectations of the City of
Hopkins, Minnesota and the requirements of the content of the franchise
proposal and are made in conformance to the requirements of Minn. Stat. §
238.081, subd. 4.
F.The services to be offered are identified in the Request for Proposals and include
a system providing public, educational and governmental access channels
consistent with state law; a mix, level and quality of programs and services
comparable to other systems in the region serving similar sized communities and
customer services and maintenance plans to ensure quality service to the
subscriber. The Request for Proposals provides further details of the services to
be offered.
2792289v1
G.The criteria for evaluating the applications and priorities for selection are as
follows:
1.The completeness of applications and conformance to Request for
Proposals;
2.Customer service policies and system testing;
3.The legal, technical, and financial qualifications of the applicant; and
4.The proposal for community services, including public, educational, and
governmental access in accordance with state law.
Applications which meet the above criteria in the opinion of the City Council shall
H.
be considered for a franchise.
The applicant(s) selected by the City Council will be required to accept the
I.
franchise documents granted within thirty (30) days after adoption.
All questions concerning this request should be directed to the City’s outside legal
J.
counsel, Brian Grogan, Moss & Barnett, 150 South Fifth Street, Suite 1200,
Minneapolis, Minnesota 55402; phone (612)877-5340.
Date: March 16, 2015
CITY OF HOPKINS, MINNESOTA
By:
Its:
2792289v1
REQUEST FOR PROPOSALS
Official Application Form
Applicants interested in submitting a proposal for a cable communications franchise shall submit
the following information as required by Minnesota Statutes Section 238.081 (subd. 4) to the City
of Hopkins, Minnesota (“City”) on or before April 15, 2015.
A.Plans for channel capacity, including both the total number of channels capable of
being energized in the system and the number of channels to be energized
immediately.
B.A statement of the television and radio broadcast signals for which permission to
carry will be requested from the Federal Communications Commission.
C.A description of the proposed system design and planned operation, including at
least the following items:
1.The general area for location of antenna and headend, if known;
2.The schedule for activating cable and two-way capacity;
3.The type of automated services to be provided;
4.The number of channels and services to be made available for access cable
broadcasting; and
5.A schedule of charges for facilities and staff assistance for access cable
broadcasting.
D.Terms and conditions under which particular service is to be provided to
governmental and educational entities.
E.A schedule of proposed rates in relation to the services to be provided and a
proposed policy regarding unusual or difficult connection of services.
F.A time schedule for construction of the entire system with the time sequence for
wiring the various parts of the area requested to be served.
G.A statement indicating the applicant’s qualifications and experience in the cable
communications field, if any.
H.An identification of the municipalities (including contact information for the
municipal officials in each community) in which the applicant either owns or
operates a cable communications system, directly or indirectly, or has outstanding
franchises for which no system has been built.
I.Plans for financing 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. This information should include:
1.Current financial statements;
1
2792295v1
2.Proposed sources and uses of funds for the construction project;
3.Financial budgets for the next three (3) years;
4.Documentation regarding the commitment of funds; and
5.Any other information that applicant determines would be useful in
evaluating its financial qualifications.
J.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 intercompany relationship, including the
parent, subsidiary or affiliated company.
K.A notation and explanation of omissions or other variations with respect to the
requirements of the proposal.
Substantive amendments may be made to a proposal after a proposal has been submitted only
upon approval of the City and before the award of a franchise. All proposals must be notarized
and must include responses to the above information requests, as well as the information
requested in the Notice by the City of its Intent to Franchise a Cable Communications System,
available from the City upon request.
Applicants are advised that Comcast currently provides cable television service throughout the City
of Hopkins, Minnesota.
The City reserves its right to request additional information of any applicant at any time during this
process.
Any questions regarding this Request for Proposals may be directed in writing to the City’s outside
legal counsel, Brian Grogan, Moss & Barnett, 150 South Fifth Street, Suite 1200, Minneapolis,
Minnesota 55402; phone (612)877-5340.
2
2792295v1