HomeMy WebLinkAboutAgreement Regarding Provision of IP Video Services by AT&T Georgia in The City of Milton (Ordinance NO. 07-08-37)STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 07-08-37
AGREEMENT REGARDING PROVISION OF IP VIDEO SERVICES
BY AT&T GEORGIA IN THE CITY OF MILTON
This is an agreement between BellSouth Telecommunications, Inc. d/b/a AT&T
Georgia, a Georgia corporation, (hereinafter "AT&T Georgia") and the City of Milton
("City") concerning the provision of Internet Protocol enabled Video Service ("IP Video
Service") by AT&T Georgia to residents of the City over AT&T Georgia's
communications network facilities in City's public rights of way (the "Agreement"), and
is made and entered into this 160' day of August, 2007.
SECTION 1 - PURPOSE AND INTENT
On May 30, 2007, House Bill 227, also known as the Consumer Choice for
Television Act' (the "CCTA"), was signed into law. Although AT&T Georgia cannot
file for a statewide franchise under the provisions of the CCTA until January 1, 2008, the
City and AT&T Georgia want to bring video services competition and the benefits of IP
Video Service to City residents prior to January 1, 2008.
SECTION 2 - BASIC TERMS
A. AT&T Georgia and the City agree that they will voluntarily comply with the
following provisions of the CCTA (including any applicable definitions set forth in §36-
76-2) until such time as AT&T Georgia files for, and receives, a statewide franchise
under the CCTA to serve the City:
(1)
§
36-76-4(g)(8)
(2)
§
36-76-6
(3)
§
36-76-7
(4)
§
36-76-8
(5)
§
36-76-9
(6)
§
36-76-10
(7)
§
36-76-11
B. For the purposes of interpretation of this Agreement, the provisions cited above
are intended to apply in the same manner as they would apply if AT&T Georgia had
already received a statewide franchise pursuant to the terms of the CCTA. City and
AT&T Georgia agree that the foregoing provisions shall govern the delivery of IP Video
Services by AT&T Georgia to City residents and City shall not impose any additional or
different requirements.
Title 36 O.C.G.A. Chapter 76.
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C. This Agreement constitutes a nonexclusive grant of authority by the City for
AT&T Georgia to provide IP Video Service to City residents. Further, this Agreement
constitutes a nonexclusive grant of authority by the City for AT&T Georgia to construct,
maintain, and operate facilities along, across, or on the public right of way in the delivery
of IP Video Service, subject to applicable federal and state laws and regulations,
including municipal and county ordinances and regulations, regarding the placement and
maintenance of facilities in the public right of way that are generally applicable to all
users of the public right of way and specifically including Chapter 9 of Title 25, the
"Georgia Utility Facility Protection Act."
SECTION 3 - AUTHORIZATION AND TERM OF AGREEMENT
This Agreement shall become effective as of August 16, 2007, and shall terminate
upon either of the following events: (1) AT&T Georgia receives a statewide franchise
under the CCTA to provide services to City residents; (2) AT&T Georgia has not
received a statewide franchise as of December 31, 2008; or (3) upon 30 days written
notice by AT&T Georgia to the City. To the extent necessary, this Agreement constitutes
the authorization for AT&T Georgia to provide IP Video Services in the City. In the
event that AT&T Georgia receives a statewide franchise pursuant to the terms of the
CCTA, the aforementioned authorization shall immediately terminate and the terms of
the statewide franchise shall govern the delivery of AT&T Georgia's IP Video Services to
City residents.
SECTION 4 - APPLICATION FOR STATE FRANCHISE
AT&T Georgia will apply for and diligently pursue receipt of a statewide
franchise pursuant to the terms of the CCTA as soon as reasonably practicable. In the
event that AT&T Georgia has not received a statewide franchise pursuant to the terms of
the CCTA 90 days prior to December 31, 2008, AT&T Georgia and the City agree to
meet and confer in good faith concerning the franchise requirement issue and, to the
extent reasonably necessary, to negotiate in good faith the terms and conditions of a local
video franchise agreement.
SECTION 5 - ENTIRE AGREEMENT
This constitutes the full and complete agreement between the City and AT&T
Georgia concerning these matters, and supersedes all prior agreements, understandings,
representations, or offers.
CITY OF MILTON
BY: `
Joe Lock , Mayor
(Seal)
BELLSOUTH
TELECOMMUNICATIONS, INC. D/B/A
AT&T GEORGIA
BY:
2 of 2
at&t
FEDERAL EXPRESS
Ms. Jeanette Marchiafava
City Clerk
City of Milton
13000 Deerfield Parkway
Suite 107A
Milton, Georgia 30004
Dear Ms. Marchiafava:
Meredith E. Mays
General Counsel
Georgia Legal Department
September 11, 2007
AT&T Georgia
1025 Lenox Park Boulevard
Suite 6C01
Atlanta, GA 30319-5309
T 404-986-1718
F 404-986-1800
meredith. mays@att.com
www.att.com
Enclosed please find two (2) sets — one (1) original on City ordinance paper and one (2)
plain white original — of the Agreement Regarding Provision of IP Services by AT&T Georgia in
the City of Milton.
Thank you for the opportunity to work with you on this matter.
Sincerely,
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Meredith E. Mays
MEM:nvd
Enclosures
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