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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 DocuSign Envelope ID: 3A34531F-E64D-4187-B2DB-5C66D5B3B005 2 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 DocuSign Envelope ID: 3A34531F-E64D-4187-B2DB-5C66D5B3B005