R2007-95 AUTHORIZING AGREEMENT - Laserfiche WebLink

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� ' , COMMON INTEREST AND JOINT DEFENSE AGREEMENT This Common Interest and Joint Defense Agreement (this "Agreement") is between Illinois Bell Telephone Company, an Illinois corporation doing business as AT&T Illinois . ("AT&T Illinois") and the City of Decatur, Illinois ("Municipality") (AT&T Illinois and Municipality shall be referred to as the "Parties"), effective 2007. Whereas, AT&T Illinois and Municipality have entered the Competitive Video Service Agreement dated attached hereto as Exhibit A ("Competitive Video Service Agreement"), according to which AT&T Illinois shall continue to construct, repair, maintain and improve its network facilities within Municipality's jurisdictional limits to provide IP-enabled video services and programming, among other services; and Whereas, AT&T Illinois is an established provider of telecommunications services and intends to provide enhanced broadband services including IP-enabled video services and programming to Municipality residents over its network facilities; and Whereas, AT&T Illinois asserts that, as a telecommunications carrier and retailer, AT&T Illinois has a statutory right under the Telephone Company Act, 220 ILCS 65/0.01 et seq. ("Telephone Company Act"), to construct, maintain, alter and extend its telecommunications facilities in the public rights of way throughout the State of Illinois without having to obtain a local franchise and is not subject to franchise fees pursuant to the Simplified Municipal Telecommunications Tax Act, 35 ILCS 636/5-1 et seq. and the Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1 et seq.; and Whereas, AT&T Illinois asserts that its statutory rights under the Telephone Company Act encompass the network enhancements that AT&T Illinois contemplates within Municipality and that AT&T Illinois may offer broadband services, including IP-enabled Video Services and programming, within Municipality, without legal requirement for a franchise or license from Municipality; and Whereas, AT&T Illinois believes Municipality has no legal authority to impose a franchise or other requirements on its provision of IP-enabled video services, and Municipality believes in good faith that the law is not established that AT&T Illinois is a Cable Operator, that the network facilities and services to be offered by AT&T Illinois over such network facilities constitute a Cable System or Cable Service as defined in Title VI of the Communications Act of 1934, as amended ("Title VI"), or that use by AT&T Illinois of its network to provide IP-enabled video services and programming, among other services, constitutes construction of a community antenna television system as set forth in Sectian 11-42-11 of the Illinois Municipal Code, 65 ILCS 5/11-42- 11 ("Section 11-42-11"); and Whereas, the Parties, without determining whether the system or services that AT&T