City of Oak Creek

Common Council Report

Meeting Date:  September 18, 2007

Item No.:        

Recommendation:  That the Common Council approve a Participation Agreement between the City of Oak Creek and Boardman Law Firm for the Formation of a Cable Legislation Group.

Background:  The Regional Telecommunication Commission (RTC) continues to work with its members through the Boardman Law Firm to secure a telecommunication franchise agreement with AT&T and/or to improve the pending state legislation to be workable and reasonable for local units of government. 

On December 19, 2007 the Oak Creek Common Council entered into a Participation Agreement to intervene in a declaratory judgment action initiated by the City of Milwaukee against AT&T to seek a determination of whether AT&T’s proposed U-Verse video service is a cable service within the meaning of 47 U.S.C. 522(6).  This matter remains an open and pending issue.

The Participation Agreement for the Formation of a Cable Legislation Group would join the City of Oak Creek with other RTC members to retain the Boardman Law Firm to influence the pending state cable franchise legislation (Assembly Bill 207/Senate Bill 107).  A new group will be formed for this effort, called the Cable Legislation Group, who will coordinate the effort. 

Fiscal Impact:  The total cost for this effort is estimated at $8,000.  Cost to each member municipality is based on total cable subscribers.  With approximately 8,600 subscribers Oak Creek’s share of the cost is estimated at $344.00.  Funds to pay for the Oak Creek share of the legislative effort will be pay from Fund 4525 Outside Legal Services

Prepared and Submitted by:

Patrick DeGrave

City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk