R2007-94 AUTHORIZING AGREEMENT - Laserfiche WebLink

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in Appendix A (the "Service Area"). AT&T intends to make video programming available, to residential units within the general Municipal boundaries, by use of IP video or other alternative video programining technology; and WH�REAS, AT&T recognizes the right of the Municipality to impose reasonable conditions on the use of the ROW related to the construction, operation and maintenance of the IP Network; and WHEREAS, under Section 3 B. of Chapter 42 of the , a Competitive Video Service Provider must enter into a Competitive Video Service Agreement with the Municipality before it can occupy or use the public ROW for the purpose of providing Competitive Video Service, as defined by Section 2 F. of Chapter 42 of the , to the citizens of the Municipality; and WHEREAS, AT&T is a Competitive Video Service Provider, as defined by Section 2 F. of Chapter 42 of the , and it enters into this Competitive Video Service Agreement with the Municipality to comply with Section 3 B. of Chapter 42 of the City Code; and WHEREAS, the Parties recognize and acknowledge that their positions differ regarding the jurisdiction of the Municipality to require AT&T to enter into an agreement before it may occupy or use the public way to upgrade its existing telecommunications network and provide broadband products and services, including Competitive Video Service, to the citizens of the Municipality and the jurisdiction of the Municipality to impose the requirements of Chapter 42 �' of the on AT&T. However, the Parties voluntarily enter into this Agreement to avoid litigation ; and delay. Furthermore, it is the understanding of the Parties that AT&T specifically reserves its right as a "telephone company," and thus, a "public utility" under Illinois law to access the , ROW, including, without limitation, its rights under the Telephone Company Act, to deploy , optical fiber and associated network facilities in its existing telecommunications network to !� provide products and services to its customers. In addition, the Parties acknowledge and agree ', that by entering into this Agreement the Municipality reserves all rights it may have to regulate ' AT&T's use of the ROW to the maximum extent pennissible under the law and the Municipality does not, in any way, waive or surrender any of its regulatory rights in the ROW by virtue of executing this Agreement. NOW, TH�REFORE, in consideration of and reliance upon the respective representations, promises, concessions, terms and conditions contained herein, the Municipality and AT&T agree as follows. 1. Grant and Requirements. Pursuant to Chapter 42 of the , the Municipality hereby authorizes AT&T to occupy or use public ROW subject to the provisions of this Agreement to provide IP-enabled Video Service within the Municipality, so long as all applicable code provisions are met, including but not limited to all applicable ROW, zoning, taxation, and construction rules and regulations. Unless preempted by state or federal law, during the term of this Agreement so long as the terms of this Agreement remain enforceable, the Municipality will not attempt to nor subject the provision of AT&T's IP-enabled Video Service over the IP Network to regulation under a cable television franchise ordinance or similar ordinance, except under Chapter 42 of the .