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WHEREAS, in 1998 the Virginia General Assembly, at the urging of the telecommunications <br />industry, passed legislation prohibiting all but one locality in the Commonwealth from providing <br />these services or parmering with private telecommunications firms to ensure that these critical <br />services were available even when no private firm would provide the service; and <br /> <br />WHEREAS, in 1999 the Virginia General Assembly passed legislation that modified its ban <br />slightly but failed to produce any improved service in these areas of the Commonwealth; and <br /> <br />WHEREAS, on May 16, 2001, a United States District Court Judge for the Western District of <br />Virginia declared the Virginia statute restricting local government telecommunications activities <br />unenforceable, ruling the State law was preempted by the very clear expression of Congress in <br />the 1996 Telecommunications Act that localities are entities that a State may not prohibit from <br />providing telecommunications services; and <br /> <br />WHEREAS, on June 20, 2001, that same federal judge refused to grant a stay of his order, <br />allowing the City of Bristol, Virginia, which initiated the suit, to continue to move forward to <br />meet the community's needs; now, therefore, <br /> <br />BE IT RESOLVED by the Council of the City of Martinsville, Virginia, in regular session <br />assembled July 24, 2001, that all legislative bodies discussing technology needs in the Common- <br />wealth of Virginia and every member of the General Assembly are urged to support the right of <br />all localities, as they deem necessary and without artificially imposed restrictions, to provide <br />such telecommunications services themselves or, as the locality determines appropriate, partner <br />with private firms to ensure that their citizens and businesses have access to these critical and <br />fundamental services. <br /> <br />Attest: <br /> <br />Johnathan B. Phillips, Clerk of Council Date Adopted <br /> <br /> <br />