CCR2007012COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #012-2007
AUTHORIZATION TO ENTER INTO
REGIONAL TELECOMMUNICATIONS COMMISSION PARTICIPATION AGREEMENT
WHEREAS, The Finance Committee has reviewed the attached Regional
Telecommunications Commission Participation Agreement has recommended
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the attached Regional Telecommunications Commission Participation Agreement.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Participation
Agreement in the name of the City.
DATED THIS 23rd DAY OF JANUARY ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #012-2007 which
was adopted by the Common Council of the City of Muskego.
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REGIONAL TELECOMMUNICATIONS COMMISSION
P ARTICIP A TION AGREEMENT
(Revised December 18,2006)
City of Milwaukee/AT&T Declaratory Judgment Action
The undersigned, on behalf of the Cityk'iiihtgecof Mu s k eg 0 ("Participant"), hereby agrees to participate as a member of the Regional Telecommunications Commission ("RTC")
to intervene in the declaratory judgment action initiated by the City of Milwaukee against AT&T to
seek a determination of whether AT&T's proposed U- Verse video service is a cable service within
the meaning of 47 U.S.c. ~ 522(6). The RTC members participating in this effort will be referred to collectively as the "Intervention Group." The City of Milwaukee is expected to commence such an action by the end of 2006. Members of the RTC will intervene in any such action in support of
Milwaukee.
Each Participant agrees to keep confidential any and all attorney work product or attorney-
client communications, including any litigation strategy, both during and after its participation in the
Intervention Group. This agreement is made to protect the interests of others who may wish to
continue in the Intervention Group.
By participating in this Intervention Group, Participant hereby agrees to retain The Boardman
Law Firm LLP as its attorneys to represent it in this proceeding. Participant will pay its share of the
costs and disbursements incurred by The Boardman Law Firm. "Each Participant shall initially pay
no more than $300.00 as its share of the costs. If and when the initial payment amount is exceeded,
each Participant will pay a share of the remaining costs and disbursements based on the number of
cable television subscribers in its municipality. Participant presently has r;; :.{OD Time Warner
subscribers in its municipality. Once the Group is formed, an executed Participation Agreement will
be returned to you along with a chart showing an allocation of costs for each Participant.
A Participant may withdraw from the Intervention Group on 30 days written notice to the
Group Representatives, as defined below, but will be responsible for any costs incurred prior to
withdrawal. Any Participant withdrawing from the Intervention Group specifically consents that
other Intervention Group members may use any and all attorney work product, may continue to use
counsel retained on behalf of the Intervention Group and may use any experts, if any, and work by
experts, if any, retained on behalf of the Intervention Group.
The Intervention Group will be governed in its intervention by its "Steering Committee."
Until further notice, the Steering Committee members will be Karen Flaherty, City Attorney for
Brookfield, and Alan Kesner City Attorney for Wauwautosa. Participant consents to the
appointment of the above persons as members of the Steering Committee. Unless a Participant has
decided to terminate its participation in the Group Intervention, decisions made by the Steering
Committee regarding the activities or proceedings to be undertaken by the Intervention Group will
be binding on all members of the Intervention Group.
Signed this dday of ~1110f--, 2007.
Participant: City of Muskego
By: ~OJL~----- \iayor
(Position)
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Accepted: Boardman Law Finn LLP
By:
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