Loading...
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