Transcript Staff Writer

Norman city councilmembers split their vote 5-4 in favor of deregulating the contract with Cox Communications at its Tuesday evening regular meeting.

The vote came after a 35-minute rant by Ward 2 councilmember Richard Stawicki, in which he objected in great detail to every element of the changes in the contract. Other councilmembers fidgeted, whispered to each other and rolled their eyes during Stawicki's statements.

"What this ordinance does is deregulate," Stawicki said, railing against the City giving away elements of the contract.

He named off each section of the new ordinance and noted that the items were "struck -- wrongfully so."

City Attorney Jeff Bryant told Stawicki that he was "hitting the nail on the head" about the notion that the ordinance was deregulating Cox.

"But (regulation) was at a time where (Cox) didn't have competitors," Bryant said. "Much of this move is to let the marketplace regulate the competition. ... This is a shift from a monopoly situation."

The move came after approval of the AT--T/U-verse contract in July 2007 that provided a 5 percent fee payable to the City of Norman in lieu of a cable franchise agreement.

The AT--T product has been controversial because AT--T is a telephone company and not regulated by the Federal Communications Commission, which regulates cable companies. There was a challenge at the federal level of whether AT--T/U-verse should be termed a cable company and fall under the FCC umbrella.

Voting "nay" against the contract were councilmembers Stawicki, Bob Thompson, Doug Cubberley and Rachel Butler. Voting in favor were Mayor Cindy Rosenthal and councilmembers Hal Ezzell, Carol Price Dillingham, David Hopper and Dan Quinn.

Council also unanimously voted down a rezoning of a property at 623 N. Porter Ave. from residential with special use as a parking lot to commercial zoning to enable property owners to build a warehouse on the site.

The request came from owners Aaron and Carol Barnes who have a medical equipment business. They have been using seven 8-by-25-foot Pod storage units to store excess equipment.

"These buildings are not efficient to work out of," said Aaron Barnes.

Councilmembers said the main building on the site that has unleased offices could be used for storage instead of building the warehouse adjacent to residences.

"This is the exact situation that the neighborhoods feared," said Ward 7 councilmember Doug Cubberley, referring to the special use permit property owners would eventually urge be changed to commercial. "This may be an example of the business outgrowing the site. ... If we support this tonight ... I am going to suggest that we do away with special uses."