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CITY OF NORTH OLMSTED RESOLUTION NO. 2007 - 55 By: Mayor O'Grady and the entire City Council A RESOLUTION OPPOSING OHIO SENATE BILL 117 AND SUPPORTING THE LOCAL CABLE FRANCHISING PROCESS, AND DECLARING AN EMERGENCY WHEREAS, Senate Bill ("SB") 117 was introduced in the Ohio Senate on March 15, 2007 and whereas on March 27, 2007, the Senate held the Sponsor's introduction hearing and is expected to commence further hearings in April, 2007; and WHEREAS, in its present form, SB 117 would eliminate local franchise authority over cable and other video service providers that must use the City's rights-of-way to provide service and would replace that authority with only the most minimal oversight and enforcement power by the Ohio Director of Commerce; and WHEREAS, SB 117 would permit cable operators to unilaterally abrogate and abandon existing cable/video contracts and municipalities even if no new competitive video service is offered in those communities and would outlaw the extension of any current franchise agreement; and WHEREAS, SB 117 would significantly reduce the franchise fees paid to the City by cable operators and/ar other video service providers in exchange for using the City's rights-of- way, and would severely impair the City's ability to audit cable and competitive video service providers' franchise fee payments; and WHEREAS, SB 117 would substantially reduce, if not completely eliminate, the City's ability to have dedicated Public, Educational and Governmental (PEG) access channels and would eliminate entirely all specific PEG funding as well as other services, such as free cable service to City buildings and public schools; and WHEREAS, SB 117 would prohibit the City from requiring a cable/video service provider to build-out its system so as to provide universal service to all City residents, as has been traditionally required of cable television operators so as to ensure that all residents receive similar access to services; and WHEREAS, SB 117 would prohibit the City from requiring that any cable/video service provider supply an Institutional Network for the provision of voice, video and data communications between and among City buildings, public and private school buildings, and library buildings in the City; and WHEREAS, SB 117 would prohibit the City from enforcing reasonable cable customer service standards determined by the community, as permitted by current Federal law; and WHEREAS, this further encroachment on local authority to monitor and regulate video/cable service providers using the City's rights-of-way to provide video/cable service to the City's residents is not in the City's best interest and is strongly opposed by this Council; and