On January 1, 2007, the Uniform Video Services Franchise Act,
2006 P.A. 480 ("Act 480") became effective. Act 480 requires that local units of
government approve a uniform video service local franchise agreement
once it is considered complete by the municipality. The purpose of
this ordinance is to approve the application submitted by CC VIII
Operating, LLC, doing business as Charter Communications.
The Township approves the Uniform Video Service Local Franchise
Agreement submitted by CC VIII Operating, LLC, doing business as Charter
Communications, attached as Appendix 1 to this ordinance.
The Township's approval of this ordinance is not a waiver
of or an acknowledgement that Act 480 meets the requirements of the
Michigan Constitution, United States Constitution, or other federal
or Michigan law. If it is later determined by a court of competent
jurisdiction, the Michigan Public Service Commission, the Federal
Communications Commission, or any other agency or tribunal with jurisdiction
that Act 480 or any of its provisions are unconstitutional, unlawful
or unenforceable, the Township reserves the right to take any action
necessary, including but not limited to repealing this resolution
and ordinance and reinstating any franchise in effect on January 1,
2007, to comply with any order, judgment or ruling involving Act 480
or any of its provisions.
Any ordinances, resolutions or parts of ordinances or resolutions, including any ordinance or resolution granting a franchise to CC VIII Operating, LLC, doing business as Charter Communications, in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force, subject to the reservation of rights contained in §
A362-3.