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RESOLUTION 2008-2

A RESOLUTION APPROVING AN AGREEMENT WITH
SOUTHWESTEN BELL TELEPHONE, L.P., A TEXAS
LIMITED PARTNERSHIP DOING BUSINESS AS AT&T
ARKANSAS TO PROVIDE IP ENABLED VIDEO SERVICES
AND USE OF PUBLIC ROW WITHIN THE CITY,
SPECIFYING CONDITIONS REGULATING SAME AND
PROVIDING FOR A FEE TO BE PAID TO THE CITY.
WHEREAS j as a telecommunications provider. AT&T Arkansas has statewide authority
under Ark. Code Ann. §23-17-101 to construct, operate and maintain its telecommunications
facilities in the public rights of way ("ROW") throughout the state of Arkansas;
WHEREAS, Under Ark. Code Ann. §14-200-101, City-of Johnson is permitted to impose
reasonable terms and conditions on AT&T Arkansas' use and occupation of the City of
Johnson's ROW and to collect a reasonable franchise fee for such use and occupation of its
ROW;
WHEREAS. AT&T Arkansas is in the process of upgrading its existing
telecommunications network to provide an integrated Internet Protocol ("IP") enabled broadband
platform of voice, data and video services ("IP Network"), the video component of which is a
switched, two-way, point-to-point and interactive service ("IP-enabled Video Service"). The IP
Network upgrade will involve the use of City of Johnson's ROW;
WHEREAS, AT&T Arkansas believes that Ark. Code Ann. §23-17-101 covers the
construction, operation and maintenance of the IP Network, and that AT&T Arkansas is not
required to obtain a separate franchise or other authorization from the City of Johnson to offer
IP-enabled services including IP-enabled Video Services within the City of Johnson over the IP
Network;
WHEREAS. AT&T Arkansas further believes that the City of Johnson's right to regulate
the construction of the IP Network in City of Johnson's ROW is limited to the right to impose
reasonable conditions regarding the time, place, and manner of AT&T Arkansas' use and
occupation of City of Johnson's ROW;
WHEREAS. City of Johnson believes that the provision of IP-enabled Video Services by
AT&T Arkansas is beyond the scope of Ark. Code Ann. §23-17-101 and is subject to City of
Johnson's cable television franchising authority;
WHEREAS, both AT&T Arkansas and the City of City of Johnson agree that the
deployment of the IP Network and the provision of IP-enabled Video Services should not be
delayed by litigation to establish the scope of Ark. Code Ann. §23-17-101 or the application of
City of Johnson's franchise ordinance to IP-enabled Video Services; and,
WHEREAS, the City of Johnson and AT&T Arkansas further agree that litigation to
resolve this issue would be complex and protracted, and that it is in the best interests of both
Parties and the residents of City of Johnson to reach a compromise of each other's positions and
claims.
BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF JOHNSON,
ARKANSAS, That
Section 1: The Agreement attached hereto to allow Southwestern Bell Telephone,
LP. doing business as AT&T Arkansas, to utilize public right of 'ways and to construct operate
and maintain its telecommunications facilities therein for the purposes and consideration set forth
in said Agreement is hereby ratified and approved.
Section 2: That the Mayor and Recorder-Treasurer are hereby authorized on behalf of
the City of Johnson. Arkansas, to execute such Agreement securing the benefits thereof to the
City and its residents.