HomeMy WebLinkAbout21632 - RESOLUTIONS - 7/5/2006 RESOLUTION NO. 21632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, OPPOSING ASSEMBLY BILL
2987 AND SUPPORTING FAIR COMPETITION IN
TELECOMMUNICATIONS SERVICES.
WHEREAS, public rights-of-way are to be managed by local government on behalf of the
public; and
WHEREAS, local governments engage in a variety of activities related to rights--of ways to
protect the public safety and welfare, to prevent conflicts between public rights-of-way
users thereby minimizing service disruptions to the public, to protect public investments in
rights-of-way, to protect consumer interests and the needs of the community; and
WHEREAS, the California State Legislature is considering legislation, Assembly Bill 2987,
that would change the existing regulatory framework for delivering telecommunications
services by establishing a statewide franchise for new entrants into the
telecommunications market; and
WHEREAS, Assembly Bill 2987 would allow these new entrants to access local streets
under a new set of rules as determined by the state; and
WHEREAS, limiting or abolishing local cable franchises could violate local property rights
and principles of Federalism by taking portions of the streets and rights-of-way without the
agreement of local government, without adequate opportunities to tailor the franchise and
services to meet local needs, and without the provisions in cable franchises necessary to
protect the local government, the public, and customers; and
WHEREAS, local franchise fees paid to local governments under the current regulatory
framework for telecommunications services are vital to support local public services such
as public safety and transportation; and
WHEREAS, Assembly Bill 2987 could dramatically reduce the amount of local franchise
fees paid to local governments by revising the definition of "gross revenues" from which
these local franchise fees are calculated; and
WHEREAS, most cable franchises require the cable company to dedicate a small number
of channels for public, educational and government access purposes, together with
funding for those channels; and
WHEREAS, Assembly Bill 2987 would prescribe, based on population, a set number of
public, educational and government access channels each local government would be
entitled to and limit how much the cable operator is required to give local government to
' operate these channels; and
Resolution No. 21632
Page 2
WHEREAS, the City of Palm Springs supports fair competition and wants to responsibly '
encourage improved consumer choices in video programming and a reduction in related
costs for consumers; and
WHEREAS, Assembly Bill 2987, in its current form, would fail to ensure that
telecommunications services would be fairly and equitably provided to all businesses and
residents of Palm Springs within a reasonable timeframe; and
WHEREAS, Assembly Bill 2987 does not guarantee community access to public,
educational and government access channels; and
WHEREAS, Assembly Bill 2987 does not protect the city's financial resources and it does
not protect the public's right-of-way-
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Palm Springs
does hereby oppose Assembly Bill 2987 for the reasons stated herein and urges the
California Legislature to uphold existing requirements for providers of video services using
the public rights of way to obtain local franchises, whether that provider is a cable
company, a telephone company, or some other entity.
BE IT FURTHER RESOLVED, that the City Council strongly endorse promoting
competition for all consumers and treating like services alike and are willing to work with
new entrants in the video market in order to provide an efficient franchise process that will ,
not obstruct new service deployment.
BE IT FURTHER RESOLVED, that the City Manager is hereby directed to send a copy of
this Resolution to its state representatives, the League of California Cities and other
organizations and/or agencies as deemed appropriate to indicate the City's position on this
matter.
ADOPTED this 5t" day of July, 2006.
David H. Ready, City Manage
ATTEST:
?mes�:T�dom�pson, ty Clerk
Resolution No. 21632
Page 3
' STATE OF CALIFORNIA ) CERTIFICATION
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21632 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 5, 2006, by the following
vote:
AYES: Councilmember McCulloch, Councilmember Mills and Councilmember
Pougnet
NOES: None
ABSENT: Mayor Pro Tern Foat and Mayor Oden
ABSTAIN: None
es Thompson, City Clerk
ity of Palm Springs, California