2000-060 CITY OF HOPKINS
Hennepin County, Minnesota
Resolution No. 2000-60
Regarding findings of fact with respect to
Everest Connections Corporation's
proposal for a cable communications franchise
Recitals
1. Minnesota Statutes § 238.08(a) mandates that the City require a franchise for any cable
communication system providing service within the City.
2. Federal law at 47 U.S.C. § 541(a) provides that a city "may not unreasonably refuse to
award an additional competitive franchise."
3. The City carefully followed the franchise procedure required by Minnesota Statutes §
238.081 by publishing once each week (June 14 and June 21, 2000) for two successive
weeks in the Sun-Sailor a Notice of Intent to Franchise a Cable Communications System.
4. The Notice stated all eight (B) criteria outlined in Minn. Stat. § 238.081 Subd. 2.
5. In addition to the published Notice, the City mailed copies of the Notice of Intent and
the Official Application Form to Everest Connections Corporation ("Everest") as well as
other interested parties.
(~. The City's Official Application Form required that proposals for a cable communications
franchise contain responses to each of the items identified in Minnesota Statute §
238.081 Subd. 4.
7. The City's closing date for submission of applications was set at July 14, 2000 which
complied with the statutory minimum of 20 days from the date of first publication.
8. The City Council called for a Public Hearing to consider the application received from
WOW at its regularly scheduled August 2, 2000 meeting. A Public Hearing was held on
September 5, 2000.
9. All interested parties were provided .an opportunity to speak to the City Council. The
City Council imposed no time limitations or other constraints on presenters, and interested
parties had every opportunity to present information regarding this matter.
10.The City carefully reviewed all information and documentation presented to it regarding
Everest's proposal and qualifications to construct, own and operate a cable
communications system within the City.
11.The City, as a member of the Southwest Suburban Cable Commission ("Commission")
retained the law firm of Moss & Barnett, a Professional Association to assist the
Commission and City in conducting the procedure required under Minnesota Statutes
§238.081 and reviewing the application submitted by Everest as well as comments and
information from interested parties.
12. Based on information and documentation made available to the City, the report dated
August 3, 2000 prepared by Moss & Barnett with respect to Everest's application, and
the recommendation of the Commission, each of which hereby is incorporated in this
Resolution by reference, the City Council has reached conclusions regarding Everest's
legal, technical and financial qualifications.
NOW THEREFORE, the City hereby resolves as follows:
1. The City hereby finds that Everest's application of July 14, 2000 complies with the
requirements of Minnesota Statute § 238.081.
2. The City finds that Everest possesses the requisite legal, technical and financial
qualifications to construct, own and operate a cable communications system within the
City.
3. The City has determined that an ordinance awarding a franchise to Everest should be
introduced to the City Council for consideration and action.
4. The contents of the franchise should be substantially the same as the franchise ordinance
currently held by the City's existing cable television operator, KBL Cablesystems of the
Southwest, Inc., doing business as Time Warner Cable ("Time Warner'), throughout the
existing term of Time Warner's franchise which will expire on or about December 31,
2011.
5. A construction bond should be required of Everest as part of any franchise award to
provide the City with security in the event damage to the City's rights-of-way should arise
which Everest is unwilling or unable to cure.
6. Subject to all applicable laws, the City shall regulate the provision of cable television
services within the City in a competitively neutral manner and shall enforce the terms and
conditions of all cable communications franchises in accordance with all applicable laws
and regulations in a consistent manner against all franchised cable operators so that no
one operator is given an unfair competitive advantage over the other.
7. The City finds that its actions are appropriate and reasonable in light of the mandates
contained in Chapter 238 of Minnesota Statutes and applicable provisions of federal law
including 47 U.S.C. § 541 (a).
Adopted by the City Council of the City of Hopkins this 5th day of September 2000.
Gene Maxv~ll, Mayor .
ATTEST: ,,~
~rerry Ob~aier, City Clerk