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01-14-1985 Council Packet
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01-14-1985 Council Packet
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Minnesota Municipalities <br />December 27, 1984 <br />Page 2 of 3 <br />established cable policies, procedures and standards vital to the public interest are carried out <br />by the municipalities themselves. The state Cable Board certifies approval of local <br />franchising actions and acts as a source of problem resolution where needed. <br />Because many of the new federal cable requirements have long been features of Minnesota's <br />regulations, the effect of the federal hill's passage into law is minimal on cable systems in this <br />slate. Some illustrations follow: <br />- CCPA authorizes public, educational and governmental access channels. Minnesota <br />already has such requirements and may continue them. <br />- CCPA calls for the establishment of "commercial" or leased access channels on cable <br />systems with certain channel capacities. Minnesota rules already require the <br />availability of these channels. <br />- CCPA establisnes subscriber privacy protection similar to the privacy protection <br />already required of Minnesota franchises. They are complementary. <br />- CCPA provides a Theft of Service section. Minnesota's criminal code statutes have <br />long contained similar authority for prosecution of individuals unlawfully receiving <br />cable service. <br />- CCPA provides for freedom from basic rate regulation after 2 years. Minnesota has <br />not regulated cable rates at the stale level, instead leaving that role to the discretion <br />of municipalities. The Board's rules have required a 'ision setting forth the <br />procedure for changh j rates, and its inclusion in the fee,, i,.,e was made optional in <br />1982. <br />- CCPA establishes a franchise renewal process along with criteria for renewal. The <br />.same general principle is contained in the Minnesota rule requiring negotiations for <br />renewal to commence at least one year before franchise expiration. The new iederal <br />lsw requires an earlier commencement of negotiations. <br />- CCPA calls for an equal opportunity employment requirement for which the FCC will <br />establish rules. Minnesota's existing rules on this subject should remain ;n effect until <br />the FCC's rulemaking is completed. <br />- CCPA establishes standards for system market value determination. These appear <br />consistent with Minnesota's rule allowing municipal purchase of a cable system. <br />- CCPA authorizes municipal ownership as do the Minnesota statutes. <br />- CCPA contains a section on obscenity which appears congruent with Minnesota's rule. <br />- CCPA has a section dealing with general franchise requirements which is consistent <br />with Minnesota's established rules. <br />- CCPA contains a section on easements for cable system construction similar to <br />Minnesota's statutes on the subject adopted in 1983. <br />The federal intent to preserve existing stale cable regulatory programs also means that <br />municipalities in stales such as ours may enjoy the protective framework of franchising <br />
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