34-07 ResolutionRECORD OF RESOLUTIONS
Dayton Lega~ 31aak I°.c. Form i~o 30044
34-07
Resole{tioee No.
A RESOLUTION OPPOSING OHIO SENATE BILL 117
AND ANY OTHER STATE LEGISLATION THAT
WOULD PREEMPT OR USURP THE ABILITY OF
LOCAL GOVERNMENTS TO REGULATE VIDEO
SERVICE PROVIDERS AND CABLE SERVICE
PROVIDERS THAT USE THE PUBLIC RIGHT OF WAY
WHEREAS, the regulatory authority to require a local franchise to provide video
services stems from the City of Dublin's constitutional home rule powers over its local
rights-of--way; and
WHEREAS, the City of Dublin welcomes competition of video service and
broadband and encourages new providers of these services to invest in new
communications and video programming infrastructure in the City and to provide
competitive video and broadband service to all of the City's residents and businesses;
and
WHEREAS, the City of Dublin has a history of successfully negotiating and issuing
competitive cable service agreements with new entrants to provide competitive cable
services within the City and has already successfully negotiated and entered into an
agreement with AT&T; and
WHEREAS, Senate Bill 117 ("SB 117") has been introduced in the Ohio General
Assembly to enable telecommunications companies to enter the video service market
with minimal regulation and accountability in order to compete with incumbent cable
- operators by providing competitive video service to Ohio residents of their choice; and
WHEREAS, current Federal statutory law regulating the provision of video service
maintains a fair and equitable balance between local government interests, powers and
obligations, and the interests of incumbent cable operators as well as new providers of
competitive video service, and provides a reasonable mechanism by which
competitive video service providers can obtain local permission to provide video
services; and
WHEREAS, SB 117 would eliminate local and state regulation of cable and other
video service providers using the City's rights of way and replace it with minimal
oversight and enforcement powers by the Ohio Director of Commerce; and
WHEREAS, SB 117 would permit cable operators and video service operators to
unilaterally abrogate existing cable contracts with municipalities even if no new
competitive video service is offered in those communities; and
WHEREAS, despite claims that SB 117 preserves important local government
interests such as control over rights-of--way, franchise fee payments, I-Nets, customer
service standards, and Public, Education and Governmental (PEG) access channels,
the terms of SB 117 unreasonably restrict and severely impair these and other
important local interests; and
WHEREAS, it is incumbent on the City of Dublin to protect the cable and video
service interests of all its residents with respect to reasonable build-out requirements,
local PEG programming, payment of franchise fees for use of public rights-of--way,
', and rights-of--way management and administration, and
WHEREAS, SB 117 could, on a going forward basis, reduce the City's franchise fees
paid by cable operators and video service providers in exchange for using the right-of-
way and would further severely impair the City's ability to audit cable and competitive
video service providers franchise fee payments; and
Passed
20
RECORD OF RESOLUTIONS
Dayton Legal Blank. Inc.. Form No. 30045
34-07 Page 2
Resolcrtion Nn. Parsed , 20
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WHEREAS, SB 117 would substantially reduce, if not entirely eliminate, the ability
of the City to have Public, Educational and Governmental (PEG) access channels or
~_ _ _ an I-Net and would entirely eliminate all current and future PEG funding; and ~
WHEREAS, SB 117 would entirely eliminate other services currently provided, such
as free cable service to City buildings and public schools; and
WHEREAS, SB 117 would severely impair the City's ability to require and enforce
basic customer service standards in cable television and other video services; and
WHEREAS, although SB 117 states that current local franchise requirements present
"barriers to entry" and "inordinate delays," companies such as AT&T are not yet
believed to be actually providing competitive video service to customers anywhere in
the State of Ohio, and have not committed to a date by which they will begin
providing competitive service in those Ohio communities such as Dublin that have
already granted them permission to provide such service; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
Ohio, ~ of the elected members concurring, that:
Section 1. The Council of the City of Dublin hereby opposes Ohio Senate Bill 117
and any state legislation that would: fail to require City approval for the use or
occupancy of the public rights-of--way; preempt or usurp local government regulation
of video service providers using the right-of--way in their jurisdiction; eliminate or
otherwise severely limit franchise fee payments or customer service standards; make
current cable and competitive video service agreements voidable; fail to require
reasonable build-out requirements; or eliminate or otherwise severely limit I-Nets or
PEG channel and access support, all as currently existing and allowed under federal
law. Further, the City of Dublin urges members of the Ohio General Assembly to
oppose SB 117 and any other similar legislation that infringes upon the City's home
rule authority.
Section 2. The Clerk of Council is hereby directed to forward certified copies of this
resolution to Governor Strickland and members of the Ohio General Assembly.
Passed this f _ day of , 2007.
.,,
I
Mayor -Presiding Officer
ATTEST:
of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
D~¢ ty Clerk of Council, Dublin, Ohio
MEMOR,4NDUM
TO: Dublin City Council
Jane Brautigam, City Manager
FROM: Stephen J. Smith, Law Director
DATE: May 31, 2007
RE: Resolution 34-07 -Opposing Senate Bill 117
Attached is Resolution 34-07, expressing opposition to Ohio Senate Bill 117 ("SB 117").
This resolution sets forth the City of Dublin's arguments and reasoning for opposing SB
117 and any other state legislation that would limit the City's ability to regulate video and
cable service providers. This resolution has been reviewed by the Law Director's office
and is recommended for approval.
{H09SJ51191