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HomeMy WebLinkAboutRESOLUTIONS-1984-023-R-84r I I i 23-R-84 I A RESOLUTION I i � WHEREAS, provision of cable television service has proven to be a valuable service to the City of Evanston and holds great promise to all communities in the United States; and I WHEREAS, the City of Evanston and various local'governments have had the responsibility for franchising cable television systems in their cities and for overseeing the implementation of those franchises once awarded; and I WHEREAS, the presence of a strong local government role in the overseeing of franchise agreements has worked to ensure that contractual obligations are carried out and the public interest served; and WHEREAS, the City of Evanston agrees and supports the National `1 League of Cities in the pursuit of federal cable television legislation which protects the benefits of local regulatory authority; and WHEREAS, the U.S. House of Representatives has been deliberating • 1 on federal cable television legislation; and I i WHEREAS, the House Energy and Commerce Committee is expected to take up cable legislation (H.R.4103) soon after Congress reconvenes on • January 23, 1984; iNOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Evanston that H.R.4103 be revised to provide National Cable j legislation which will protect all of the citizens of the City of Evanston and be consistent with the following goals: 1. Municipalities not be limited in their option to negotiate the definition of basic services and to regulate the rates charged by cable television companies for basic service. 2. At the time of franchise renewal, municipalities be permitted to (a) obtain reasonable upgrades of system hardware to "state -of -the art" standards; (b) to refuse renewal to an operator which has given poor service during the life of the franchise; (c) to negotiate the purchase price of a cable franchise when the cable system is purchased or the system is transferred to a third party through a forced sale; and (d) that any court review will not be de novo, but be handled as an administrative review. f 23-R-84 0 3. All existing franchises -and their terms and conditions and all franchise processes in which a Request for Proposal has been • issued be grandfathered. 4. Limitations on franchise fees not apply to fees, charges and taxes charged to or through a cable operator as part of a larger class, for example, utility user taxes. 5. Municipalities be permitted to require public, educational, governmental and leased access to cable television. 6.. Cable companies not be provided with the power to abrogate contractual obligations based on a unilateral assertion of a "significant change in circumstances". 7. Municipalities not be restricted -from municipal ownership and operation of cable systems. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby instructed to transmit a copy of this resolution to Chairman John Dingell, Representatives Tom Corcoran, Edward Madigan and Cardiss Collins of the • Energy and Commerce Committee, Congressman Sidney Yates, and Senators Alan Dixon and Charles Percy. ATTEST: City Clerk • Adopted this iav'*kday of AA-rG/t-- , 1984. APPROVED: 1'M PROPOSED RESOLUTION - #26 TIM PROTECTION OF LOCAL AUTHORITY AND CONSUMER.INTEREST.S•IN CABLE LEGISLATION I IEREAS, provision of cable television service has proven to be a valuable. 0 service to hundreds of communities across the country and holds great promise to all cities in the United States; and WHEREAS, local governments have had the responsibility for franchising cable television systems in their cities and for overseeing the implemen- tation of those franchises once awarded; and WHEREAS, the presence of a.strong local governmental role in the overseeing of franchise agreements has worked to ensure that contractual obligations are -carried out and the public interest served; and , WF1ER..AS, since 1981, the National Municipal Policy of -the League has called for the pursuit of federal•cable television legislation which protects local regulatory authority; and WHEREAS, the National League of Cities has provided valuable leadership in developing such legislation; and Wh-EREAS, theV.S. House of Representatives has'been deliberating on federal cable television legislation; and WHEREAS, the National League of Cities recognizes that since the U.S. Senate adopted S. 66, circumstances have changed due in part to the complexity of the legislative agenda involving telephone deregulation as well as to rapidly developing technology in the field of tele- ;, communications; NOW, THEREFORE, BE IT RESOLVED that the National League of Cities continue its efforts to achieve cable legislation, consistent with the following goals: • that local and state governments not be limited in their option to negotiate the definition of basic services and to regulate the rates charged by cable television cempaaies for basic service, should they believe it to be in the public interest; e that at the time of franchise renewal, cities be able to obtain reasonable upgrades of system hardware to "state-of-the-art" standards; be able to refuse renewal to an operator which has given poor service during the life of the lranchise; be able to negotiate the purchase price of a cable franchise when a municipality buys back a cable -system or the system is transferred to a third party through a forced sale; and that any court review will not be de novo_ and court review of renewal or non -renewal decisions be the same as that accorded:ot:her legislative decisions; • that all existing franchises and their terms and conditions and all franchise processes in whicha • Request for Proposals has been issued be grand - fathered; •. that the legislation protect cities from antitrust liability for compliance with federal law; • that any limitation on franchise fees not apply to fees, charges and taxes charged to or through a cable operator as part of a larger class, for example, utility user taxes; • that federal cable legislation not restrict the ability of cities to require public, educational, governmental and leased access to cable television; • that cable companies not be provided with the power to abrogate contractual obligations based on a unilateral assertion of a "significant change in circumstances"; and • that local government not be restricted from municipal ownership and operation. • Approved by the Membership of the National League of Cities • Annual Business Meeting • rovember 30, 1983 • New Orleans