RESOLUTION #09-2007

A RESOLUTION OPPOSING OHIO SENATE BILL 117 AND SUPPORTING THE LOCAL CABLE FRANCHISING PROCESS

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 Richfield Township’s rights-of-way to provide service and would replace that authority with only the most minimal oversight and enforcement powers by the Ohio Director of Commerce; and

WHEREAS, SB 117 would permit cable operators to unilaterally abrogate and abandon existing cable/video contracts with 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 Richfield Township by cable operators and/or other video service providers in exchange for using Richfield Township’s rights-of-way, and would severely impair Richfield Township’s ability to audit cable and competitive video service providers’ franchise fee payments; and

WHEREAS, SB 117 would substantially reduce, if not completely eliminate Richfield Township’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 Richfield Township buildings and public schools; and

WHEREAS, SB 117 would prohibit Richfield Township from requiring a cable/video service provider to build-out its system so as to provide universal service to all Richfield Township 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 Richfield Township from requiring that any cable/video service provider supply an Institutional Network for the provision of voice, video and data communications between and among Richfield Township buildings and public and private school buildings ; and

WHEREAS, SB 117 would prohibit Richfield Township 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 Richfield Township’s rights-of-way to provide video/cable service to Richfield Township’s residents is not in Richfield Township’s best interest and is strongly opposed by this Board of Trustees; and

WHEREAS, this Board of Trustees specifically objects to any diminishment of the revenue it receives from video/cable providers which use Richfield Township’s rights-of-way as a part of their business activities; any erosion of Richfield Township’s ability to require universal service for all residents and businesses within Richfield Township; any erosion of Richfield Township’s right to require traditional community enhancements such as dedicated public, educational and governmental (PEG) access facilities and Institutional Network (I-Net) capacity from video/cable providers using Richfield Township’s rights-of-way; any erosion of Richfield Township’s ability to ensure adequate customer service provided by video/cable operations; and any provision which diminishes Richfield Township’s authority to manage its public rights-of-way or otherwise infringes upon its Home Rule authority under the Ohio Constitution.

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Richfield Township, Summit County, State of Ohio, that:

Section 1. It is hereby declared that this Board of Trustees is opposed to Ohio S.B. 117, presently before the Energy and Public Utilities Committee of the Ohio Senate, and urges the Ohio Legislature to oppose and defeat S.B. 117 and any other legislation which would further erode local government control and authority over the use of its rights-of-way in video/cable service providers utilizing its rights-of-way.

Section 2. The Fiscal Officer of this Board is hereby directed to serve a certified copy of this Resolution upon Governor Ted Strickland; and upon State Senator Kevin Coughlin; and upon the members of the Ohio Senate’s Energy and Public Utilities Committee.


__________________________________________
David R. Wyatt, Chair, Board of Trustee

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Laurie Peters Gilmore, Trustee

__________________________________________
Shano Cica-Mraz, Trustee

ATTEST:

I certify that the foregoing Resolution was duly passed by the Richfield Township’s Board of Trustees on April 5th 2007.


_________________________________________
Laurie Pinney, Fiscal Officer

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