2008-1022008-102
Resolution Granting Initial Cable Franchise to Verizon New York, Inc
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March
24th, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, the Town of Wappinger (the "Town") is a franchising authority in
accordance with Title VI of the Communications Act of 1934 (the "Communications Act") and
is authorized to grant one or more cable television franchises pursuant to Article 11 of the New
York State Public Service Law, and Title 16, Chapter VIII, Subpart B, of the Official
Compilation of Codes, Rules and Regulations of the State of New York (the "Cable Laws"); and
WHEREAS, VERIZON NEW YORK INC. ("Verizon") is upgrading its existing
telecommunications infrastructure by the installation of what Verizon refers to as "Fiber to the
Premises Telecommunication Network" (the "FTTP Network") within the Town, which existing
network transmits Non -Cable Services (as defined in the Verizon Franchise Agreement) pursuant
to the authority granted by Section 27 of the New York Transportation Corporations Law, and
Title II of the Telecommunications Act, which Non -Cable Services are not subject to the Cable
Law or to Title VI of the Communications Act; and
WHEREAS, the FTTP Network occupies public rights-of-way (as defined in the Verizon
Franchise Agreement) within the Town, and Verizon desires to use portions of the FTTP
Network now or hereinafter installed within the Town to provide cable service (as defined in the
Verizon Franchise Agreement); and
WHEREAS, Verizon has submitted a written application for a cable television franchise
to the Town of Wappinger on February 25, 2008, which the Town has had an opportunity to
review; and
WHEREAS, joint negotiations between the Town of Wappinger, the Town of
Poughkeepsie and the Village of Wappingers Falls have resulted in a proposed agreement
entitled "Cable Franchise Agreement between the Town of Wappinger, New York and Verizon
New York, Inc" ("Verizon Franchise Agreement"), copies of which are available for review and
inspection of the Town Clerk during normal business hours; and
WHEREAS, on March 24, 2008 at a regularly scheduled Town Board meeting, the
Town held a public hearing on the Verizon Application and the Verizon Franchise Agreement at
which Verizon made a presentation to the Town Board in favor of the Verizon Franchise
Agreement, including an outline of the cable television services proposed to be provided to the
Town pursuant thereto, and members of the Town Board and the public were given notice and
opportunity to comment on Verizon's presentations and ask questions to be addressed by
Verizon's representatives; and
WHEREAS, the Town Board has identified the cable related needs and interests of the
residents of the Town of Wappinger and has exercised due diligence in considering the technical
ability, financial conditions, character and legal qualifications of Verizon to meet such needs and
interests.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board finds that Verizon is legally (pursuant to NY Public Service
Commission Rules and other statutory requirements), technically, financially and otherwise
qualified to meet the cable -related needs and interests of the Town of Wappinger and that
Verizon will meet all statutory and regulatory non-discrimination requirements.
3. The Town Board finds, based on the presentation by Verizon, that the cable
service offered by Verizon will include competitive offerings with its existing competition.
4. The Town Board determines that it serves the public interest to award Verizon a
franchise to own, construct, operate and maintain a cable system along the public rights-of-way
within the Town in order to provide cable service.
5. The Town Board authorizes the award of a non-exclusive franchise to own,
construct, operate and maintain a cable system along the public rights-of-way within the Town,
in order to provide cable service, which authorization is made in accordance with the applicable
provisions of Title VI of the Communications Act and the Cable Laws.
6. The Town Board of the Town of Wappinger hereby authorizes Supervisor
Christopher J. Colsey to enter into the Verizon Franchise Agreement, in the form of the draft
last prepared March 21, 2008, provided paragraph 12.4.1 thereof is deleted in entirety, and to
further authorize Christopher J. Colsey to execute any other documents necessary to effectuate
the granting of the franchise to Verizon on behalf of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
3/24/2008
The Resolution is hereby duly declared adopted.
4HN;M TERSON, TOWN CLERK