2020-007 Supporting Local Cable Franchising Including Public, Educational and Governmental Access Channels CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2020-007
Supporting Local Cable Franchising Including
Public, Educational and Governmental Access Channels
WHEREAS, the City of Hopkins, Minnesota ("City") streets and rights-of-way are public
property, obtained and maintained by the City at significant expense to taxpayers; and
WHEREAS, cable operators use the streets and rights-of-way for their cable systems to provide
cable service to customers, but only after obtaining permission from the City to use this public
property for this purpose through a cable franchise agreement; and
WHEREAS, the City's cable franchise agreements include important provisions to protect the
community and its residents, including managing the cable systems under, over and in the streets
to ensure minimal damage and disruption and to mandate that all City codes are followed; and
WHEREAS, the City's cable franchise agreements further reyuire providers to repair the streets
they harm and relocate facilities at their expense, if rights-of-way are rebuilt, straightened,
widened, or otherwise improved in the public interest; and
WHEREAS, the City's cable franchise agreements prohibit redlining and ensure
nondiscriminatory service and further establish customer service standards, protections, and
enforcement mechanisms; and
WHEREAS, the City's cable franchise agreements require rental payments in the form of
franchise fees to the City in return for the cable companies use of valuable public property for its
cable system; and
WHEREAS, the City's cable franchise agreements require that the cable companies meet the
community needs and interests by including non-financial franchise obligations, protected by
Congress in the Cable Act since 1984, for services that include:
� Public Education and Government ("PEG") channels, including high-definition
format;
• Financial support for the capital expenses associated with the PEG channels;
• Inclusion of PEG programming on an electronic programming guide service;
• Complimentary connections to city and school buildings;
• Carriage of local emergency alerts, which because they relate to local
emergencies are typically not carried on the federal emergency alert system; and
WHEREAS, on August 2, 2019, the Federal Communications Commission released a Third
Report and Order (FCC 19-80) that allows cable companies to establish a market value for non-
financial cable franchise obligations, including many of those listed above, and to deduct that
arnount from the franchise fees owed under the cable franchise agreements; and
WHEREAS, the Third Report and Order also exempts cable companies from complying with
certain local requirements applicable to non-cable services and equipment such as small cells and
other wireless facilities, creating a regulatory advantage for cable companies over their
competitors; and
WHEREAS, the Third Report and Order undermines the City's cable franchise agreements and
rights-of-way management policies, proposes to subsidize commercial access to public property
for private interests and removes longstanding community benefits, all of which harm our
community and impact basic municipal services; and
WHEREAS, the Third Report and Order threatens a future action that would redefine PEG
channel capacity as a franchise fee, which will result in a choice between preserving PEG
channels or accepting further reductions in franchise fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby opposes the findings in the Third Report and Order and opposes any other infringement
on cable franchise fees, PEG channels or the other provisions of the cable franchise agreements,
including the Federal Communications Commission's proposal to allow cable companies to
deduct the value of PEG channel capacity from their franchise fee payments; and
BE IT FURTHER RESOLVED, that a copy of this resolution be shared with our congressional
delegation with a request that they communicate to the Federal Communications Commission
their opposition to the proposed recharacterization of PEG channel capacity as a"franchise fee."
Adopted by the City Council of the City of Hopkins this 18t�' day of February, 2020.
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J n a d, Mayor
ATTEST:
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my omeier, City Clerk