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2006-261 RESOLUTION NO. 2006-261 A resolution urging the Wisconsin Congressional delegation to oppose legislation that would lead to the elimination of local cable franchising. (File Resolution No. 2006-261) WHEREAS, bills have been introduced in the United States House of Representatives (HR. 3146 - Blackburn-Wynn) and the United States Senate (S. 1349 - Smith- Rockefeller and S. 1504 - Ensign-McCain) that would unfairly and needlessly impose restrictions upon the ability of municipalities to exercise appropriate local controls over the provision of communications services in their communities; and, WHEREAS, these bills would preempt local franchising for telephone companies and replace local franchising of incumbent cable operators with vague, weak, and unenforceable state or even national franchising; and WHEREAS, these bills would replace locally negotiated and controlled PEG (Public, Educational, and Government) Access channel requirements with minimum national standards that would not allow financial support for these channels, contrary to current Federal law and the current local franchise agreement, which could result in the loss of important local programming directly relating to the needs and interests of the residents of Janesville; and WHEREAS, these bills would replace locally determined franchise fees with a uniform national fee structure which would reduce needed revenues to Janesville; and WHEREAS, this proposed legislation would severely restrict the City's ability to manage its public rights-of-way; and WHEREAS, these bills would eliminate "build-out" requirements for any video service provider, thereby allowing providers to discriminate based on the wealth of the local neighborhoods they choose to serve; and WHEREAS, this legislation would deprive local citizens of the ability to address issues and request recourse locally by moving all customer support services to the state level or to the Federal Communications Commission; and WHEREAS, the City of Janesville encourages competition in the delivery of cable services, and believes Janesville residents benefit from market competition that occurs within the existing legislative and regulatory structure of local franchising; and WHEREAS, the City of Janesville believes that the existing legislative and regulatory structure of local franchising is in the best interests of its citizens and does not impose an undue burden upon the ability of telecommunications companies to introduce their services into the Janesville area market; NOW, THEREFORE, LET BE IT RESOLVED By the Common Council of the City of Janesville, that these bills would negatively impact the City of Janesville and its residents; and BE IT FURTHER RESOLVED by the Common Council that the City of Janesville opposes H.R. 3146, S. 1349, and S. 1504, and urge its Wisconsin Congressional delegation (1 st Congressional District U.S. Representative Paul Ryan and United States Senators Herb Kohl and Russ Feingold) to oppose these bills or any similar legislation. ADOPTED: March 13, 2006 Motion by: w;11;ams Second by: Addie Councilmember Aye Nay Pass Absent Brunner X Brien X Williams X Wellnitz, Tim X Wellnitz, Tom X DeGarmo X Addie X ATTEST: APPROVED AS TO FORM: ~~~ City Attorney Proposed by: City Manager Prepared by: Community Information Specialist