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PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 6/19/06. BY: Antonio, Butler, Demrb, FitzGerald, Mad;Lg,an Seelie. AN ORDINANCE TO TAKE EFFECT IMMEDIAlEL'y PROVIDED IT RECEIVES THE AFFIRMATIVE VOTE OF AT LEAST FIVE MEMBERS ELECTED TO COUNCIL, OTHERWISE, IT SHALL TAKE EFFECT AND BE IN FORCE AFTER THE EARLIEST PERIOD ALLOWED BY LAW, AUTHORIZING THE MAYOR TO EillER INTO A VIDEO COMPETITION AGREEMEillWITHAT&T, ORDINANCE NO. 56-06 WHEREAS, the Ohio Bell Telephone Company, an Ohio corporation using the name AT&T Ohio ("AT&T") has approached the City of Lakewood for consent to upgrade certain communications facilities located in the City's public rights-of-way for purposes of providing Internet Protocol (IP) baSed communications services including an JP Video Service; and WHEREAS, AT&T believes that it is not subject to Title VI of the Communications Act of 1934, as amended, which governs cable television service, and further believes that it does not need to obtain a cable franchise agreement to provide the IF Video Service within the City; and WHEREAS, litigation to resolve the issue of whether AT&T's IF Video Service is, or is not, a cable service requiring a cable franchise would be complex, protracted and expensive; and WHEREAS, this City Council believes that additional competition in the provision of video programming services within the City should provide benefits to consumers of such services; and WHEREAS, AT&T and the City of Lakewood have exteusively negotiated the terms and conditions of a consent agreement concerning AT &Tfs facilities upgrade and the provision of the IP Video Service in the City, which consent agreement is titled the "Video Competition Agreement betweeu the City of Lake wood, Ohio and AT&T Ohio"; and WHEREAS, this City Council has determined that it w01ùd be in the City's best interests to enter into an agreement with AT&T substantially in accordance with the Video Competition Agreement attached to this Ordinance as Exhibit A NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, OHIO, THAT: SECTION 1. This Council hereby authorizes the Mayor to execute a video competition agreement with AT&T Ohio, which agreemeut shall be substantially in accordance with the proposed Video Competition Agreement referenced above, attached as Exhibit A, and incorporated into this Ordinance by refereuce, The Agreement shall be for a term of five (5) years SECTION 2 It is found that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all déliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, in compliance with the law 47463J..1