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HomeMy WebLinkAbout25-099 Regarding the Application of Comcast for a Cable Franchies 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 25-099 A RESOLUTION REGARDING THE APPLICATION OF COMCAST FOR A CABLE FRANCHISE Motion By: Braid Second By: Briggs WHEREAS, Comcast of Arkansas/Louisiana/Minnesota/Mississippi/Tennessee, LLC (“Comcast”) requested that the City of Prior Lake, Minnesota (“City”) commence proceedings to consider the award of a cable franchise to Comcast; and WHEREAS, Minnesota Statutes Section 238.08, Subd. 1(a) mandates that “a municipality require a franchise for any cable communication system providing service within the municipality;” and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, federal law at 47 U.S.C. Section 541(a) provides that a franchising authority “may not unreasonably refuse to award an additional competitive franchise;” and the City followed the franchise procedure required by Minnesota Statutes Section 238.081 by publishing once each week (the weeks of June 11, 2025 and June 18, 2025) for two successive weeks in the Star Tribune newspaper a Notice of Intent to Consider Applications for a Cable Franchise (“Notice”); and the Notice stated all eight (8) criteria outlined in Minnesota Statutes Section 238.081, Subd. 2; and in addition to the published Notice, the City provided copies of the Notice and the Request for Proposals - Official Application form (“RFP”) to Comcast and the City’s existing franchised cable operator, Mediacom Minnesota LLC; and the City’s RFP required that proposals for a cable franchise contain responses to each of the items identified in Minnesota Statutes Section 238.081, Subd. 4; and the City’s closing date for submission of applications was set for July 1, 2025 which complied with the statutory minimum of twenty (20) days from the date of first publication; and upon the deadline for submitting applications, the City received only one application, from Comcast, received on June 18, 2025 and dated June 17, 2025; and the City held a public hearing to consider the application received from Comcast at its regularly scheduled July 22, 2025 City Council meeting; and all interested parties were provided an opportunity to speak to the City Council and to present information regarding Comcast’s application; and M:\2- City Clerk\City Council\Resolutions\2025\25-099 Regarding the Application of Comcast for a Cable Franchies.docx 2 WHEREAS, the City carefully reviewed all information and documentation presented to it regarding Comcast’s application and qualifications to operate a competing cable system within the City; and WHEREAS based on information and documentation made available to the City with respect to Comcast’s application, the City Council has reached conclusions regarding Comcast’s legal, technical, and financial qualifications. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The City hereby finds that Comcast’s application received on June 18, 2025 complies with the requirements of Minnesota Statutes Section 238.081. 2. The City finds that Comcast possesses the requisite legal, technical, and financial qualifications to construct and operate a cable communications system to provide cable service within the City. 3. The City staff is authorized to negotiate with Comcast to attempt to reach mutually acceptable terms for a cable franchise to be introduced to the City Council for consideration and action. 4. 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. Section 541(a). Passed and adopted by the Prior Lake City Council this 22nd day of July 2025. VOTE Briggs Braid Churchill Lake Hellier Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager