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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 ~ ---- 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