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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 WHEREAS, in its present form, SB 117 would eliminate local franchise authority over cable and other video service providers that must use the Village’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 the Village by cable operators and/or other video service providers in exchange for using the Village’s rights-of-way, and would severely impair the Village’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 Village’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 Village buildings and public schools; and WHEREAS, SB 117 would prohibit the Village from requiring a cable/video service provider to build-out its system so as to provide universal service to all Village 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 Village from requiring that any cable/video service provider supply an Institutional Network for the provision of voice, video and data communications between and among Village buildings, public and private school buildings, and library buildings in the Village ; and WHEREAS, SB 117 would prohibit the Village from enforcing reasonable cable customer service standards determined by the community, as permitted by current Federal law; and WHEREAS, this Council specifically objects to any diminishment of the revenue it receives from video/cable providers which use the Village’s rights-of-way as a part of their business activities; any erosion of the Village’s ability to require universal service for all residents and businesses within the Village; any erosion of the Village’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 the Village’s rights-of-way; any erosion of the Village’s ability to ensure adequate customer service provided by video/cable operations; and any provision which diminishes the Village’s authority to manage its public rights-of-way or otherwise infringes upon its authority under the Ohio Constitution and the Charter of the Village of Sebring. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF SEBRING, MAHONING COUNTY, OHIO: Section 1. It is hereby declared that this Council 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 Clerk of Council is hereby directed to serve a certified copy of this Resolution upon Governor Ted Strickland; and upon State Senator John Boccieri and upon the members of the Ohio Senate’s Energy and Public Utilities Committee.
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