Resolution 2006-040 i
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STATE OF ILLINOIS )
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COUNTY OF KENDALL )
RESOLUTION NO. 2006- Q
A RESOLUTION OPPOSING THE
PASSAGE OF THE COMMUNICATIONS OPPORTUNITY
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PROMOTION AND ENHANCEMENT ACT (COPE ACT)
WHEREAS, the Communications Opportunity, Promotion and Enhancement
Act of 2006 ( "COPE Act) has been passed by the Commerce and Energy Committee of
the United States House of Representative, and soon faces full congressional
consideration; and
WHEREAS, the COPE Act is derogatory to local municipal interests, and seeks
to establish national cable franchising regulations that threatens to dismantle local
municipal franchise authority. Specifically, the COPE Act seeks to usurp local control of
local municipal rights -of -way; by stripping local governments of control over their own
rights -of -ways and investing that authority in Washington, D.C.; and
WHEREAS, the COPE Act seeks to vest the enforcement mechanisms of cable
franchising within the Federal Commerce Commission ( "FCC "), rather than with local
authorities who are in the best position to enforce franchise agreements. Moreover, the
COPE Act vests the FCC with this additional national authority while failing to provide
additional resources to the FCC to enforce and adjudicate franchise disputes; and
WHEREAS, the COPE Act degrades local municipal services by failing to
include provisions for the financial support of PEG television, which for decades
have provided local Community Access television stations with funding and channel
space; and
WHEREAS, the COPE Act diminishes local control by eradicating safeguards
for local municipalities such as "build out" requirements, universal coverage
requirements, and prohibitions against "redlining ". Moreover, the COPE Act, threatens
to usurp local municipal control of cable/IPTV customer services standards; and
WHEREAS, the COPE Act diminishes local revenue streams by failing to clarify
that Cable Service / IPTV is subject to the 5% cable franchise fee; and
WHEREAS, the City Council of the United City of Yorkville, Illinois finds that:
1. Local Control over cable / IPTV franchising is preferable to the
remote authority of a national regulatory agency.
2. The passage of the COPE Act would have a §ignificantly negative
impact on future City revenue streams; and
3. The passage of the COPE Act would threaten the City's control over
its right -of -ways, and diminish customer satisfaction and the service
provided to cable / IPTV subscribers; and
4. The passage of the COPE Act would lead to redlining of cable / IPTV
service to the citizens of the United City of Yorkville, Illinois.
{
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, as
follows:
SECTION 1: The foregoing recitals are incorporated herein as though fully set forth.
SECTION 2: The City Council of the United City of Yorkville, Illinois, opposes and
objects to the passage of the COPE Act and urges all congressmen and senators to vote
against it.
JAMES BOCK L,.– JOSEPH BESCO
VALERIE BURD ^`� PAUL JAMES .�.
DEAN WOLFER — MARTY MUNNS
ROSE SPEARS JASON LESLIE
QS
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this c Day of�� , A.D. 2006.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this 2;'-> day of _ , A.D. 2006.
ATTEST:S� 4
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560