2024-26 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: April 22, 2024 RESOLUTION NO: 2024-26
MOTION BY: Schubert SECONDED BY: McDonald
A RESOLUTION REGARDING THE APPLICATION OF COMCAST
FOR A CABLE FRANCHISE
WHEREAS, Comcast of Arkansas/Louisiana/Minnesota/Mississippi/Tennessee, LLC
(“Comcast”) requested that the City of Chanhassen, 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, 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
WHEREAS, the City followed the franchise procedure required by Minnesota Statutes
Section 238.081 by publishing once each week (March 14 and 21, 2024) for two successive
weeks in the Chanhassen Villager a Notice of Intent to Consider Applications for a Cable
Franchise (“Notice”); and
WHEREAS, the Notice stated all eight (8) criteria outlined in Minnesota Statutes
Section 238.081, Subd. 2; and
WHEREAS, 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
WHEREAS, 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
WHEREAS, the City’s closing date for submission of applications was set for April 4,
2024 which complied with the statutory minimum of twenty (20) days from the date of first
publication; and
WHEREAS, upon the deadline for submitting applications, the City received only one
application, from Comcast, received on March 20, 2024 and dated March 25, 2022; and
WHEREAS, the City held a public hearing to consider the application received from
Comcast at its regularly scheduled April 22, 2024 City Council meeting; and
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WHEREAS, all interested parties were provided an opportunity to speak to the City
Council and to present information regarding Comcast’s application; and
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 RESOLVED by the City Council of Chanhassen as
follows:
1. The City hereby finds that Comcast’s application received on March 20, 2024 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 Chanhassen City Council on this 22nd day of April
2024.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Schubert
von Oven
Kimber
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