RESOLUTION NO. RS2004-144

A resolution approving Amendment No. 1 to the contract by and between The Metropolitan Government of Nashville and Davidson County and the law firm of Miller, Canfield, Paddock and Stone, P.L.C. previously authorized by Resolution No. RS2002-1100.

WHEREAS, the Metropolitan Council, in Resolution No. RS2002-1100, authorized the employment for five thousand dollars ($5,000) of Tillman Lay of the law firm of Miller, Canfield, Paddock and Stone, P.L.C., as special counsel for the Metropolitan Government in an appeal of a ruling of the Federal Communications Commission (FCC); and

WHEREAS, the FCC ruling could reduce franchise fees for cable television and cost the Metropolitan Government in excess of $400,000 annually in cable television franchise fees from Comcast; and

WHEREAS, the Metropolitan Government joined in with 37 other cities, counties and representative organizations to fund the appeal; and

WHEREAS, the appeals were consolidated and heard by the United States Court of Appeals for the Ninth Circuit (Ninth Circuit); and

WHEREAS, on October 6, 2003, the Ninth Circuit issued an opinion reversing the FCC in part and by implication upholding it in part, making further appellate proceedings inevitable; and

WHEREAS, many of the 37 other organizations have pledged financial support for further appellate action; and

WHEREAS, in order to continue its participation in the appeal the Metropolitan Government must increase the compensation under its contract with Miller, Canfield, Paddock, and Stone, P.L.C.

NOW, THEREFORE IT BE RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Amendment No. 1 to the contract by and between The Metropolitan Government of Nashville and Davidson County and Miller, Canfield, Paddock, and Stone, P.L.C., which amendment increases the compensation by the sum of $5,000 of which $1,000 is payable within 30 days to request en banc review by the Ninth Circuit, and $4,000 of which shall be available for further appellate proceedings, if pursued, is hereby authorized and the Metropolitan Mayor is hereby authorized to execute Amendment No. 1.

Sponsored by: Brenda Gilmore, David Briley

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	January 20, 2004
Adopted:	January 20, 2004
Approved:	January 21, 2004
By: