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CCR2007081. . . REMOVED & WITHDRAWN -- 04/24/2007 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #081-2007 RESOLUTION REGARDING PROPOSED VIDEO FRANCHISING LEGISLATION WHEREAS, The City of Muskego has an estimated population of 22,630, and has an estimated 6,300 cable television subscribers; and WHEREAS, The proposed State video franchising legislation imposes an unfunded State mandate upon the City of Muskego by reducing Franchise Fees (through definitional change) which are deposited in Muskego's General Fund; and WHEREAS, The proposed legislation unnecessarily adds additional responsibilities and financial liabilities to the State of Wisconsin, which is already experiencing significant budget deficits; and WHEREAS, The proposed legislation decimates local regulation, control and custody of our right-of-ways; and WHEREAS, The proposed legislation reduces the openness and transparency of government through the elimination of Public-Educational-Government (PEG) access; and WHEREAS, The proposed legislation causes taxpayers within our community to subsidize the installation of AT&T equipment and lines (and future other providers, including the local non- exclusive cable franchisee) by preventing the City of Muskego from collecting permitting fees due and payable by any other public or private entity; and WHEREAS, The proposed legislation substantially and negatively impacts consumer protections and recourse, as contained in Cable Franchise Agreements; and WHEREAS, The City of Milwaukee and AT&T have entered into a three (3) year Agreement bargained for in good faith between both parties that will eliminate the need for the proposed legislation; and WHEREAS, It is expected the City of Milwaukee/AT&T Agreement can be a blueprint and model for both our community and communities statewide, including, but not limited to, the Regional Telecommunications Commission communities of Bayside, Brookfield, Brown Deer, Butler, Cudahy, Elkhorn, Elm Grove, Fox Point, Franklin, Germantown, Glendale, Greendale, Greenfield, Hales Corners, Menomonee Falls, Mequon, Milwaukee, Muskego, New Berlin, River Hills, Saukville, Shorewood, South Milwaukee, Sussex, Thiensville, Wauwatosa, West Milwaukee, and Whitefish Bay; and WHEREAS, The City of Muskego would have no objection to the existing non-exclusive cable franchisee, Time-Warner Cable, from opting into such an Agreement. NOW THEREFORE, BE IT RESOLVED, That the Common Council of the City of Muskego requests that the proposed video franchising legislation be withdrawn and that the municipalities throughout the State of Wisconsin be encouraged to enter into agreements similar in scope and content to that Agreement negotiated between the City of Milwaukee and AT&T, and that existing cable franchise law be amended to permit existing local cable franchises to enter into similar agreements. DATED THIS 24TH DAY OF APRIL, 2007 Mayor John R. Johnson Removed & Withdrawn: 04/24/2007 This is to certify that this is a true and accurate copy of Resolution #081-2007 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer