56-06 AT&T - Laserfiche WebLink

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AGREEMENT This AGREEMENT, effective as of the Jì day of .:r ¡) ~ ' 2006 (the "Effective Date"), is made by and between the City of Lakewood, 0 0 ("City") and The Ohio Bell Telephone Company, an Ohio corporation that uses the name AT&T Ohio ("Company"). For purposes of this Agreement, unless otherwise defmed in this Agreement, the capitalized terms, phrases, words, and their derivations shall have the meanings set forth in Appendix A. RECITALS A. The Company is authorized to construct, operate, maintain, repair and upgrade facilities and equipment in the Streets that enable it to. provide telecommunications services and other services, and the Company is authorized to provide those services. Pursuant to this existing authorization, the Company asserts that it is also authorized to èonstruct, operate, maintain, repair and upgrade new and existing facilities that enable it to provide an integrated Internet Protocol ("IP") platform of voice, video and data services (the video component of which is switched, two-way, point-to-point and interactive, is referred to herein as the "IP Video Service," and is further defined in Appendix A), and that it is authorized to provide those services; and B. The Company believes that it is not subject to Title VI of the Communications Act of 1934, as amended ("Title VI") and does not need to obtain a Title VIol' similar franchise in order to provide IP Video Service; and - C. Without determìning whether the system or services that the Company will use in the City to provide the IP Video Service are subject to Title VI, the Company and the City have entered into this Agreement which the parties, in good faith, intend to be binding as a matter of contract between them and believe is in accord with such obligations as might be imposed by Title VI, ifand to the extent such are applicable; and D. The Company and the City desire to work cooperatively to achieve the full benefits that competition and the availability of advanced services can bring to the . community; and E. Both parties agree that the Company's investment in the construction, operation and ùpgrade of new and existing facilities permìtting the provision of the IP Video Service should not be delayed by possible litigation to establish the scope of or the applicability of the City's Title VI franchise authority to the IP Video Service; and , F. The City and the Company further agree that litigation to resolve this issue would be complex and protracted, and that it is in the best interests of both parties and the residents of City to reach a compromise of each other's positions and claims; and 477196-2 1