CC Resolution No. 2629A RESOLUTION OF T1iE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, OPPOSING FEDERAL LEGISLATION THAT INFRINGES UPON
LOCAL GOVERNMENT'S ABILITY TO MANAGE ITS PUBLIC RIGHTS -
OF -WAY, TO PROVIDE FOR LOCAL MEDIA THROUGH PEG CHANNEL
OBLIGATIONS, AND TO RECEIVE APPROPRIATE FEES AND IN -KIND
CONTRIBUTIONS FOR THE USE OF THE PUBLIC RIGHTS -OF -WAY BY
CABLE COMPANIES; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, the City's cable companies operate under a state franchise, which guarantees
uniformity to all cable franchise providers for the use of valuable public rights -of -way; and
WHEREAS, the franchise contains some important provisions to protect the use of public
property, to establish some customer service standards, and to set a uniform fee for the cable
companies use of valuable public property for its cable system; and
WHEREAS, the 1984 Cable Act and the state franchise also provide for financial support
of capital expenses associated with public, educational and governmental access ("PEG")
channels, complementary connections, inclusion of PEG programming, and emergency alert
systems; and
WHEREAS, in August. 2019, the FCC issued a Third Report and Order (FCC 19-80)
that:
(a) allows cable companies to establish a market value for non -financial cable
franchise obligations and to deduct that amount from the franchise fees owed
under the franchise agreement;
(b) exempts cable companies from complying with certain requirements applicable to
non -cable services and equipment such as small cells and other wireless facilities,
creating a regulatory advantage for cable companies over their competitors;
(c) undermines franchise and rights -of -way management policies, proposes to
subsidize commercial access to public property for private interests and removes
established community benefits; and
(d) threatens a future action that would redefine PEG channel capacity as a franchise
fee, which will result in a choice between preserving PEG channels or accepting
further reductions in franchise fees; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown respectfully opposes the
findings in the Third Report and Order and opposes any federal legislation that:
(a) infringes upon the long-standing ability of local governments:
(1) to manage public property; and
(2) to provide for local media through PEG channel obligations; and
(b) allows cable companies to deduct the value of PEG channel capacity from their
franchise fee payments.
Section 2: That the City Clerk is hereby directed to send a copy of this resolution to
our congressional delegation with a request that they communicate to the Federal
Communications Commission the oppositions expressed herein.
Section 3: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 121h day of December, 2019.
BRANDON CAPETILLO ayor
ATTEST:
City Clerk u.
�•S`nQ �o� � a, C�epu�� , � �" �
APPROVED AS TO FORM:
f
NACIO RAMIREZ, SR., 4A torney
COBFSO I "Legal Karen.Files-City Council Resolutions\2019 December 12\FCCOrderOpposition.doc