HomeMy WebLinkAboutCC Res 5459 2006-04-24
RESOLUTION NUMBER 5459
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH OBJECTING TO CERTAIN
PROVISIONS OF ASSEMBLY BILL 2987, A
PROPOSED TELECOMMUNICATIONS REFORM
BILL, AND URGING SPECIFIED AMENDMENTS TO
THE LEGISLATION
WHEREAS, technological advances in telecommunications services are
outpacing the current state and federal regulatory framework for those services;
and
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WHEREAS, new telecommunications services will be vital to the businesses,
households and the public safety of local communities; and
WHEREAS, the California State Legislature is engaged in debate on a new
regulatory framework for telecommunications services in its current legislative
session, to wit: Assembly Bill 2987; and
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WHEREAS, fin~~i:i~1 reS'~~~ that cities receive under the current regulatory
framework for telecommunications services are vital to support local public
services such as P~licJ~fety"l:i~ transportation; and
WHEREAS,\the ta;;;Y-~:hav.~.t financial interest to protect the public's right-of-
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way; and :(-t;,: .' .," ;.'i\~'
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WHEREAS, fair, level-playing-field competition among telecommunications
providers is important to delivering telecommunications services at the best price I
for our residents and businesses; and
WHEREAS, telecommunications industry services to a local community are
crucial services to maintain; and
WHEREAS, Assembly Bill 2287 contains a number of provisions that would
seriously erode local control of the public right of way, consumer protection, local
government financing, local public and government programming, and services
to libraries and schools; create an uneven playing field for competing cable
services and allow new service providers to selectively choose their subscribers
to the detriment of economically disadvantages residents;
NOW THEREFORE BE IT RESOLVED, that the City of Seal Beach does hereby
urge the California State Legislature to amend AB 2987 to correct those
deficiencies and to re-draw or amend the legislation to include provisions that:
. Protect the authority of local governments to collect revenues from
telecommunications providers and ensure that any future changes are
revenue neutral for local governments.
. Set equitable regulatory fees andlor taxes for all telecommunications
service providers.
. Guarantee that all existing and any new fees/taxes remain with local I
governments to support local public services and mitigate impacts on local
rights-of-way.
. Do not pre-empt or threaten local taxation authority.
. Protect the public's investment in and control of public rights-of-way, and
insure that control of rights-of-way remain with local jurisdictions.
. Assure that local government retains 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.
Resolution Number 5459
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. Provide all local community residents with access to all available
telecommunications services.
· Require that all telecommunications providers 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 an
entire franchise area.
· Assure that the resources required of new entrants be used to meet PEG
support requirements in a balanced manner in partnership with incumbent
providers.
· Assure that the authority for interested communities to establish INET
services and support for educational and local government facilities at the
local level.
. Provide that the authority for E-911 and 911 services remain with local
government, including any compensation for the use of the right-of-way
and provide that all E-911 and 911 calls made by voice over internet
protocol be routed to local dispatch centers.
. Require that all video providers make provision for local emergency
notification services.
. Ensure that State consumer protection laws continue to apply as minimum
standards and continue to be enforced at the local level, with local
governments retaining the authority to assess penalties to improve
customer service.
· Require that both existing telecommunications providers and new entrants
adhere to local city policies on public utility undergrounding.
AND BE IT FURTHER RESOLVED, that copies of this resolution be transmitted
to the state legislative representatives for the City of Seal Beach as well as all
appropriate local media outlets.
ABSENT:
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach this 24th day of ADril , 2006 by the following vote:
AYES: Council Members Om1ifo, ~/w..tI7J, ~,~ ~
~
~
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Mayor
NOES:
Council Members
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Council Members
ABSTAIN:
Council Members
ATTEST:
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Cit Clerk
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing Resolution is the original copy of Resolution Number 5459
on file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach at a meeting thereof held on the 24th day
of ADril, 2006.
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Ci Clerk