83-08 OrdinanceRECORD OF ORDINANCES
Ordinmice No.
83-08
Passed , 20
ORDINANCE AUTHORIZING THE CITY MANAGER TO
GRANT A GENERAL RIGHT-OF-WAY PERMIT TO
WIDE OPEN WEST, AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin is vitally concerned with the use of the various Rights-of-
Way in the City, as such Rights-of--Way are a valuable and limited public resource which
must be utilized to promote the public health, safety, welfare and economic development
of the City; and
WHEREAS, it is necessary to comprehensively plan and manage access to, and structures
and facilities in, the Rights-of--Way to promote efficiency, discourage duplication of
facilities, lessen the public inconvenience of uncoordinated work in the Rights-of--Way,
and promote public safety; and
WHEREAS, Chapter 98.03(B) (1) of the Codified Ordinances of the City of Dublin
establishes and states that a General Right-of--Way Permit may be granted to a person who
desires and is granted authority to utilize rights-of--way generally; and
WHEREAS, the City Manager hereby certifies that the applicant, Wide Open West, has
filed for a General Right-of--Way Permit in accordance with Chapter 98.04 of the Codified
Ordinances of the City of Dublin and in accordance with the Administrative Regulations
and therefore recommends City Council grant said permit.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, ~ of the elected members concurring that:
Section 1. A General Right-of--Way Permit is hereby granted to Wide Open West,
pursuant to Chapter 98 of the Codified Ordinances of the City of Dublin and all applicable
Administrative Regulations.
Section 2. The City Manager is hereby authorized to execute a General Right-of--Way
Permit to Wide Open West.
Section 3. This Ordinance be, and hereby is, declared to be an emergency measure for
the preservation of the public health, safety and welfare while enhancing the economic
development of the City through this valued asset. Therefore, this Ordinance shall take
effect and be in force immediately upon passage.
Passed this ~ day of ~ ~ ~~_f~? ~ !~ -f= ~;-2008
Mayor -Presiding Officer
ATTEST:
Clerk of Council
CITY pF DLBLIN
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of the Dublin City Council
r
From: Marsha Grigsby, Interim City Manager~°7~~,~i%, .,.,,~
Date: November 13, 2008 '
Memo
Initiated by: Dana McDaniel, Deputy City Manager/Director of Economic Development
Greg Dunn, Legal Counsel
Re: Ordinance 83-08, Granting aRight-of--Way Permit to Wide Open West
(WOW!)
Summary
In response to questions raised by Council at the November 3rd meeting:
• Council will recall that Wide Open West (WOW!) acquired the cable TV system originally
constructed by Americast New Media. As part of a "housekeeping" effort, staff discovered
WOW! did not have a general right-of--way (ROW) permit in its name and requested WOW!
apply for a general permit (same as Time Warner and AT&T).
WOW! expanded their system into the Shannon Glen subdivision this past summer. Although
the City has no right to require additional construction by a cable operator-such as WOW! (due
to Senate Bill 117), staff has actively encouraged WOW! to enlarge their system so that the
benefits of competition will be available to more Dublin residents. The work in Shannon Glen
was completed this past summer. If WOW! receives a return on its investment, it plans to
expand its network further into Dublin. If WOW! does expand its network the work would
involve directional boring with very little, if any, trenching.
Legal staff is in the process of reviewing Chapter 98 of the Codified Ordinances to see how it
can be updated to align better with the requirements of the Ohio Revised Code regarding right-
of-way and cable television operators. The difficult part of the analysis is that changes in Ohio
law regarding right-of--way and cable television have occurred subsequent to the creation of
Chapter 98. The Ohio law changes, especially regarding right-of--way, include a significant
amount of grandfathering of previously passed right-of--way ordinances. Therefore, we will be
balancing the need to update the ordinance to comply with current practices and technology,
change the sections that are not grandfathered, and finally, making sure that any changes do not
affect our grandfathering.
Recommendation
Staff recommends Council approve Ordinance 83-08 at the second reading/public hearing on
November 17, 2008.
~SCHOTTENSTEIN
ZOX & D U N N CO.,LPA
MEMORANDUM
TO: Dublin City Council
Marsha Grigsby
FROM: Gregory J. Dunn
DATE: October 30, 2008
RE: Ordinance 83-08 -Authorizing Grant of a General Right-of--Way Permit
to Wide Open West
Background
Prior to the passage of Senate Bill 117, cable television franchises were issued by the City of
Dublin to cable television operators. Dublin had awarded franchises to Wide Open West, Time
Warner and AT&T. Under Dublin's regulatory structure, cable television franchisees were not
required to hold right-of--way permits. Once Senate Bill 117 became law, WOW, Time Warner
and AT&T each opted out of the existing Dublin franchising system, and elected to take state
video services permits.
However, Chapter 98 of the Code of Ordinances of the City requires each occupant of the right-
of-way to possess aright-of--way permit, which is what WOW now needs to occupy the right-of-
way.
Regarding fees, Senate Bill 117 establishes a mechanism whereby video services providers, who
pay fees to a municipality, may deduct those fees from any right-of--way fee and in the case
where the video services fee exceeds the right-of--way fee, they are not obligated to pay aright-
of-way fee.
~sz~.~am
Columbus Recommendation
Cleveland Legal staff recommend that the second reading/public hearing be waived and that Ordinance 83-
Cincinnati Og be adopted by emergency at the November 3 first reading.
250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135