Baldwin County, Alabama
File #: 20-1125    Version: 1
Agenda section: Public Hearings Status: Agenda Ready
File created: 5/8/2020 Meeting type: Baldwin County Commission Regular
On agenda: 6/2/2020 Final action:
Agenda item title: BellSouth Telecommunications, LLC d/b/a AT&T Alabama - Video Services Franchise Agreement
Attachments: 1. AT&T Franchise Agreement - Second Amendment 20200602, 2. AT&T Alabama Franchise Agreement Renewal for Competitive Video Services 20150804, 3. Business Entity Form (AL Secretary of State)

Meeting Type:   BCC Regular Meeting

Meeting Date:  6/2/2020

Item Status:   New

From: Wayne Dyess, County Administrator

Submitted by:  Anu Gary, Administrative Services Manager

______________________________________________________________________

 

ITEM TITLE

Title

BellSouth Telecommunications, LLC d/b/a AT&T Alabama - Video Services Franchise Agreement

Body

 

STAFF RECOMMENDATION

Recommendation

Conduct a public hearing to consider the following:

 

Approve/authorize the provisions of Resolution #2011-085 of the Baldwin County Commission to be binding to BellSouth Telecommunications, LLC d/b/a AT&T Alabama,  pursuant to AT&T Alabama executing an instrument entitled “Second Addendum to Video Services Agreement” between AT&T Alabama and the Baldwin County Commission.

 

This Agreement shall be for five (5) years commencing upon its effective date on August 10, 2020, as last executed among the parties, and expiring on August 10, 2025, unless terminated in another manner as prescribed by said Agreement.  

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  August 4, 2015 - Last BCC action taken.

 

Background:  BellSouth Telecommunications, LLC d/b/a AT&T Alabama has requested a second amendment to the current Video Services Franchise Agreement with the Baldwin County Commission.  The current franchise agreement with AT&T Alabama is due to expire on August 10, 2020.

 

The proposed "Second Addendum to Video Services Agreement” between AT&T Alabama and the Baldwin County Commission, amends the original "Agreement Authorizing AT&T Alabama to provide IP Video Services Within the Unincorporated Areas of Baldwin County, Alabama" (August 10, 2010), as amended by "Acceptance and Addendum to Video Services Agreement" (August 10, 2015). 

 

NEW REQUEST FOR A CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT:

 

Currently, there are five cable or video systems in unincorporated Baldwin County, which have been granted a franchise agreement by the Baldwin County Commission (Local Franchising Authority), which, authorizes their use of county-owned rights-of-way to operate in unincorporated Baldwin County.

 

The work session and public hearing allows AT&T Alabama an opportunity to participate in a process on this matter before this Local Franchising Authority.  Staff requests that this Local Franchising Authority conduct a public hearing to allow the Commission and interested citizens an opportunity to determine if the grant of an Agreement would be in the best interest of the citizens and, if the public hearing does not reveal a legitimate reason to deny, approve such grant.

 

FINANCIAL IMPACT

 

Total cost of recommendation:  N/A

 

Budget line item(s) to be used:  N/A

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

Yes, County Attorney to review and approve before BCC approval.

 

Reviewed/approved by:  Approved by Sarah Young, Stone Crosby 05/18/2020 akg 

 

Additional comments:  N/A

 

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  N/A

 

Individual(s) responsible for follow up:  Administrative Staff

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  Administration:

 

Letter and Acceptance Form and Agreement to

BellSouth Telecommunications, LLC d/b/a AT&T Alabama as follows:

 

C. Wayne Hutchens, President

ATTN:  Marti Sawzak

AT&T Alabama

1884 Data Drive

First Floor

Hoover, Alabama  35244

 

cc:                      Heather Gwynn hgwynn@baldwincountyal.gov <mailto:hgwynn@baldwincountyal.gov>

Cian Harrison cian.harrison@baldwincountyal.gov <mailto:cian.harrison@baldwincountyal.gov>

Ron Cink rcink@baldwincountyal.gov <mailto:rcink@baldwincountyal.gov>

 

Additional instructions/notes:  N/A