R2007-94 AUTHORIZING AGREEMENT - Laserfiche WebLink

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il COMPETITIVE VIDEO SERVICE AGRECMENT % ,�� ! , � THIS COMPETITIV� VIDEO SERVICE AGREEMENT ("Agreement") dated ' �'v��`��=-; 2007 ("Effective Date") is made by and between Illinois Bell Telephone Company, an �Illinois carporation doing business as AT&T Illinois ("AT&T") and tlle City of Decatur, a municipal corporation of the State of Illinois ("Municipality"). AT&T and the Municipality shall sometimes be referred to separately as a "Party," and collectively as the "Parties." RECITALS WHEREAS, AT&T asserts that it 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 the Municipality's rights-of-way ("ROW"); and WHEREAS, as a telecommunications carrier and retailer, AT&T believes it has a statutory right under the Telephone Company Act, 220 ILCS 65/0.01 et seg. (the "Telephone Company Act"), to construct, maintain, alter and extend its telecommunications facilities in the public ROW 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, the Municipality believes that the system and services that AT&T will use in the Municipality to provide IP-enabled Video Service may be subject to Title VI of the Communications Act of 1934, as amended ("Title VI"), and may be subject to Section 11-42-11 of the Illinois City 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 will use in the Municipality to provide IP-enabled Video Service are subject to Title VI or Section 11-42-11, desire to enter into this Agreement, which the Parties, in good faith, intend to be binding as a matter of contract between them and believe is in accord with such obligations as might be imposed by Title VI and the State law of Illinois, if and to the extent such are applicable; and WH�REAS, both Parties agree that the deployment of the IP Network and the provision of IP-enabled Video Service should not be delayed by possible litigation to establish the scope of the Telephone Company Act or the application of Title VI or Section 11-42-ll to IP-enabled Video Service; and WHEREAS, the Municipality and AT&T 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 the Municipality to reach a compromise of each other's positions and claims; and WHEREAS, AT&T intends to provide video service on a non-discriminatory basis, and without regard to the income or minority status of any resident or group of residents residing in the AT&T Service Area located within the municipal boundaries of the Municipality, as shown