Resolution 13942CITY OF ALAMEDA RESOLUTION NO. 13 9 4 2
MAINTAINING THE CITY OF ALAMEDA'S AUTHORITY IN NEGOTIATING
FRANCHISE AGREEMENTS FOR TELECOMMUNICATIONS SERVICES AND
ADOPTING THE PRINCIPLES FOR FEDERAL CONSIDERATION OF A NEW
TELECOMMUNICATIONS REGULATORY FRAMEWORK
WHEREAS, the City Council of the City of Alameda strongly supports
local involvement in the negotiation and maintenance of franchise agreements;
and
WHEREAS, franchise agreements provide up to $8.8 million into the City
of Alameda's General fund; and
WHEREAS, Congress and the California state legislature are beginning
a serious debate on a new regulatory framework for telecommunications
services in the 2006 legislative session; and
WHEREAS, financial resources that cities receive under the current
regulatory framework for telecommunications services are vital to support local
public services such as public safety and transportation; and
WHEREAS, elimination of franchise agreements would place a heavy
burden on California local government's ability to provide critical services to
residents, including emergency response and law enforcement; and
WHEREAS, the taxpayers have a financial interest in protecting the
public's right-of-way; and
WHEREAS, fair, level playing-field competition among
telecommunications providers is important to delivering telecommunications
services at the best price for our citizens, the consumers; and
WHEREAS, telecommunications industry services to a local community
such as Public, Education and Government (PEG) channels, INET services to
local schools and E911 and 911 public safety services to local citizens are
important services to maintain.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Alameda expresses its support for maintaining its authority in negotiating
Franchise Agreements for Telecommunications Services and does hereby
adopt the following principles for Congress and the State Legislature to
consider in its debate over a new telecommunications regulatory framework:
REVENUE PROTECTIONS
• Protect the authority of local governments to collect revenues from
telecommunications providers and ensure that any future changes are
revenue neutral for local governments.
• Regulatory fees and/or taxes should apply equitably to all
telecommunications service providers.
• A guarantee that all existing and any new fees/taxes remain with local
governments to support local public services and mitigate impacts on
local rights-of-way.
• Oppose any state or federal legislation that would pre-empt or threaten
local taxation authority
RIGHTS-OF-WAY
• To protect the public's investment, the control of public rights-of-way
must remain local.
• Local government must retain full control over the time, place and
manner for the use of the public right-of-way in providing
telecommunications services, including the appearance and aesthetics of
equipment placed within it.
ACCESS
• All local community residents should be provided access to all available
telecommunications services.
• Telecommunications providers should be required to specify a
reasonable timeframe for deployment of telecommunications services
that includes a clear plan for the sequencing of the build-out of these
facilities within the entire franchise area.
PUBLIC, EDUCATION AND GOVERNMENT (PEG) SUPPORT
• The resources required of new entrants should be used to meet PEG
support requirements in a balanced manner in partnership with
incumbent providers. For cities currently without PEG support revenues,
a minimum percentage of required support needs to be determined.
INSTITUTIONAL OR FIBER NETWORK (INET)
• The authority for interested communities to establish INET services and
support for educational and local government facilities should remain at
the local level.
PUBLIC SAFETY SERVICES
• The authority for E-911 and 911 services should remain with local
government, including any compensation for the use of the rights-of-way.
All E-911 and 911 calls made by voice over internet protocol shall be
routed to local public safety answering points (PSAPs); i.e., local
dispatch centers.
• All video providers must provide local emergency notification service.
CUSTOMER SERVICE PROTECTION
• State consumer protection laws should continue to apply as a minimum
standard and should be enforced at the local level. Local governments
should retain the authority to assess penalties to improve customer
service
OTHER ISSUES
• Existing telecommunications providers and new entrants shall adhere to
local city policies on public utility undergrounding.
BE IT FURTHER RESOLVED, that copies of this resolution be
transmitted to the Congressional Representative and all State Legislative
Representatives for the City of Alameda as well as all appropriate local media
outlets.
I, the undersigned, hereby cert ify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in the Special Joint Meeting of the
City Council on the 4th day of April 2006, by the following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 5th day of April, 2006.
Lara Weisiger, City Cle
City of Alameda