2006-071-Opposing AB 2987 And Endorsing League Telecommunications Reform Principlesr•.
RESOLUTION 2006 - 071
RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING AB 2987 AND
ENDORSING LEAGUE TELECOMMUNICATIONS REFORM PRINCIPLES
WHEREAS, technological advances in telecommunications services are
outpacing the current state and federal regulatory framework for those services; and
WHEREAS, the new telecommunications services will be vital to the
businesses, households and the public safety of local communities; and
WHEREAS, the California state Legislature is considering AB 2987
(Nunez/Levine), legislation that would establish a statewide franchise for new entrants
into the telecommunications market, and
WHEREAS, fair, level playing -field competition among
telecommunications providers is important to delivering telecommunications services at
the best price for our citizens, the consumers; and
WHEREAS, telecommunications industry services to a local community
such as Public Education and Government (PEG) channels, WET services to local
schools and other agencies, and E -911 and 911 public safety services to local citizens are
important services to maintain;
WHEREAS, financial resources that cities receive under the current
regulatory framework for telecommunications services are vital to support local public
services such as public safety and transportation; and
WHEREAS, the taxpayers have a financial interest to protect in the
public's right -of -way; and
WHEREAS, the Town of Los Gatos is opposed to AB 2987 in its present
form, because as currently written it would fail to ensure that build out of
telecommunications services would fairly and equitably provide service to all businesses
and residents of the Town of Los Gatos within a reasonable timeframe, it does not
guarantee community access to PEG channels, INET services and E -911 and 911 public
safety services, it does not protect the city's financial resources and it does not protect the
public's right -of -way.
THEREFORE, BE IT RESOLVED, the Town of Los Gatos does hereby
join the League of California Cities "No" on AB 2987 coalition, urge the state and
federal legislature to work for reform that guarantees fair competition in
telecommunications services, and adopt the attached principles (Exhibit A) for the state
legislature to consider in its debate over a new telecommunications regulatory
framework.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos, California, held on the 19' day of June, 2006 by the following
vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman
Mayor Diane McNutt.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: 01 at, 6 Al/Vo�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE
TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
LEAGUE OF CALIFORNIA CITIES
TELECOMMUNICATION REFORM PRINCIPLES
REVENUE PROTECTIONS
• Protect the authority of local governments to collect revenues from telecommunications providers
and ensure that any future changes are revenue neutral for local governments.
• Regulatory fees and/or taxes should apply equitably to all telecommunications service providers.
• A guarantee that all existing and any new fees /taxes remain with local governments to support
local public services and mitigate impacts on local rights -of -way.
• Oppose any state or federal legislation that would pre -empt or threaten local taxation authority
RIGHTS -OF -WAY
• To protect the public's investment, the control of public rights -of -way must remain local.
• Local government must retain 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.
• Existing telecommunications providers and new entrants shall adhere to local city policies on
public utility undergrounding.
ACCESS
• All local community residents should be provided access to all available telecommunications
services.
• Telecommunications providers should be required to specify a reasonable timeframe for
deployment of teleconnunications services that includes a clear plan for the sequencing of the
build -out of these facilities within the entire franchise area.
PUBLIC EDUCATION AND GOVERNMENT (PEG) SUPPORT
The resources required of new entrants should be used to meet PEG support requirements in a balanced
manner in partnership with incumbent providers.
For cities currently without PEG support revenues, a minimum percentage of required support needs to be
determined.
INSTITUTIONAL OR FIBER NETWORK (INET)
The authority for interested communities to establish INET services and support for educational and local
government facilities should remain at the local level.
PUBLIC SAFETY SERVICES
• The authority for E -911 and 911 services should remain with local government, including any
compensation for the use of the right -of -way. All E -911 and 911 calls made by voice over intemet
protocol shall be routed to local public safety answering points.
• All video providers must provide local emergency notification service.
CUSTOMER SERVICE PROTECTION
• State consumer protection laws should continue to apply as a minimum standard and should be
enforced at the local level. Local governments should retain the authority to assess penalties to
improve customer service