RESOLUTION NO. 10752-050107

BY:  COMMITTEE OF THE WHOLE

A RESOLUTION REGARDING AB 207, THE STATE

VIDEO FRANCHISING BILL

WHEREAS, the City of Oak Creek has an estimated population of 32,104 and has an estimated 8,600 cable television subscribers; and

WHEREAS, AB 207, the proposed State video franchising bill imposes an unfunded State mandate upon the City of Oak Creek by reducing Franchise Fees; and

WHEREAS, the proposed legislation unnecessarily adds additional responsibilities and financial liabilities to the State of Wisconsin which is already experiencing significant budget deficits; and

WHEREAS, the proposed legislation adversely affects local regulation, control and custody of the right of way; and

WHEREAS, the proposed legislation reduces the openness of government through the elimination of Public-Government-Educational (PEG) access; and

WHEREAS, the proposed legislation causes taxpayers within our community to subsidize the installation of AT&T equipment and lines (and future other providers, including the local non-exclusive cable franchisee) by preventing the City of Oak Creek from collecting permitting fees due and payable by any other public or private entity; and

WHEREAS, the proposed legislation substantially and negatively impacts consumer protections and recourse as contained in Cable Franchise Agreements; and

WHEREAS, the City of Milwaukee and AT&T have entered into a three (3) year Agreement bargained for in good faith between both parties that will eliminate the need for the proposed legislation; and

WHEREAS, the City of Milwaukee/AT&T Agreement can be a blueprint and model for the City of Oak Creek and communities statewide, including, but not limited to, the Regional Telecommunications Commission communities; and

WHEREAS, video competition has already come to various cities around the state and will be coming to Milwaukee without AB 207; and

WHEREAS, the City of Oak Creek would have no objection to the existing non-exclusive cable franchisee, Time-Warner Cable, from opting into such an Agreement.

NOW THEREFORE, BE IT RESOLVED, That the Common Council of the City of Oak Creek requests that the proposed video franchising legislation be withdrawn and that the municipalities throughout the State of Wisconsin be encouraged to enter into agreements similar in scope and content to that Agreement negotiated between the City of Milwaukee and AT&T, and that existing cable franchise law be amended to permit existing local cable franchises to enter into similar agreements.

BE IT FURTHER RESOLVED that if State legislation is adopted the proposed bill be amended to replicate the provisions of the agreement negotiated between the City of Milwaukee and AT&T.

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 1^st day of May, 2007.

Passed and adopted this _____ day of ____________, 2007.

                                                            ____________________________________

                                                            President, Common Council

Approved this _____ day of ___________________, 2007.

                                                                                    ______________________________

ATTEST:                                                                     Mayor Richard R. Bolender

____________________________               

Beverly A. Buretta, City Clerk

                                                                                    VOTE:  Ayes ____   Noes ____