Title
Request for Approval of Uniform Video Service Local Franchise Agreement with AT&T
Body
Whereas, the Uniform Video Services Local Franchise Act, 2006 PA 480, requires a Video Service Provider to enter into a State-Mandated Uniform Video Service Local Franchise Agreement (the "Franchise Agreement") with the City, as the Franchising Entity, prior to offering video services within the City's boundaries; and
Whereas, on April 16, 2007, a revised Franchise Agreement was submitted to the City by AT&T Michigan; and
Whereas, Section (3)2 of the Act requires a Franchising Entity to notify the provider as to the completeness of the Franchise Agreement within fifteen (15) business days after the Franchise Agreement is filed with the Franchising Entity; and
Whereas, notice of the completeness of the Franchise Agreement has been provided to AT&T Michigan; and
Whereas, Section 3(3) of the Act requires a Franchising Entity to approve a Franchise Agreement within thirty (30) calendar days after a complete Franchise Agreement is submitted; and
Whereas, based on the filing date and the approval deadline, the City must take action on and notify AT&T Michigan as to whether the City has approved the Franchise Agreement on or before May 16, 2007; and
Whereas, the City Council has determined that the Franchise Agreement meets the technical requirements of the Act, and therefore, undertakes to adopt this Resolution approving the Franchise Agreement, as required by the Act.
Now, Therefore, It Is Resolved, the Rochester Hills City Council finds that the Franchise Agreement meets the technical requirements of the Act, and solely for that reason, the City approves the Franchise Agreement with AT&T Michigan.
It Is Further Resolved, the City's approval is given only because it is required by the Act, and is not an indication of the City's agreement with or assent to any provisions of the Act or the Franchise Agreement.
It Is Further Resolved, Section VI. of the Franchise Agreement, entitled "Fees," shall be filled in by the City as follows:
1. Subsection A(i) shall reflect a franchise fee under the City's existing franchise agreement with Comcast in the amount of five percent (5%).
2. Subsection A(ii) shall reflect a franchise fee to be paid upon expiration of the existing franchise agreement with Comcast in the amount of five percent (5%).
It Is Further Resolved, Section VIII of the Franchise Agreement, entitled "PEG Fees," shall be filled in by the City as follows:
1. Subsection A(1) shall reflect a PEG fee under the City's existing franchise agreement with Comcast in the amount of one percent (1%).
2. Subsection A(2) shall reflect a PEG fee to be paid upon expiration of the existing franchise agreement with Comcast in the amount of two percent (2%).
It Is Further Resolved, by approving the Franchise Agreement, the City does not intend to waive any right to challenge any provisions of the Act or any related provisions of the Franchise Agreement on the basis that such provisions are unconstitutional, unlawful, invalid or enforceable, including on the grounds that a particular action is an unconstitutional impairment of contractual rights, and further reserves any and all rights stemming from any successful challenge to such provisions undertaken by any other local franchising entity.
It Is Further Resolved, AT&T Michigan shall be expected and required to obtain necessary approvals and comply with City requirements concerning installation of cabinets and infrastructure within rights-of-ways, and shall further be expected to cooperate with the City and affected residents concerning the location, screening and maintenance of such cabinets.