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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. ****************************************************************************** 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