File Ref. #026
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City of Miami Beach City Clerk's Office
SEPTEMBER 22, 1993
C-3. COMMISSION COMMITTEES ASSIGNMENTS
A. LETTER TO COMMISSION NO. 157-1993 (DATED SEPTEMBER 13, 1993)
SEPTEMBER 22, 1993
REFERRAL TO THE RULES & SPECIAL EVENTS COMMITTEE - PROGRAMMING FOR CABLE
TELEVISION CHANNEL.
ACTION: Referred to Committee. (Vote: 5-0; Commissioner Eisenberg away from table; Commissioner
Resnick absent from Chambers.)
Also see related item R-3K.
---ztJ
City of Miami Beach City Clerk's Office
SEPTEMBER 22, 1993
K. COMMISSION MEMORANDUM NO. 516-93
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH ORDINANCE 86-2500 ENTITLED
"AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AS THEREINAFTER SET
FORTH TO ALL-RITE SATELLITE, INC., ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE
FRANCHISE FOR THE INST ALLA TION AND OPERATION AND MAINTENANCE OF A CABLE
COMMUNICATION SYSTEM WITHIN THE CITY OF MIAMI BEACH; ESTABLISHING CERTAIN
CONDITIONS THEREFOR; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS THEREOF INCONSISTENT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE",
SPECIFICALLY AMENDING THE SECTION REGARDING DEFINITION OF GROSS REVENUE, CABLE
RATE REGULATION, CUSTOMER SERVICE STANDARDS, AND ESTABLISHING A NEW SECTION
GOVERNMENT PUBLIC ACCESS CHANNEL; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
THEREOF INCONSISTENT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. (RIFKININARRANGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP
D/B/A GOLD COAST CABLE)
1. CORRESPONDENCE FROM MATTHEW L. LEIBOWITZ, WITH COMMENTS TO THE FCC.
SEPTEMBER 22, 1993
2. NOTICE OF PUBLIC HEARING.
SEPTEMBER 22, 1993
(FIRST READING 9/8/93)
ACTION: Hearing held and concluded. Ordinance No. 93-2876 adopted, to become effective 10/2/93
(customer service standards to become effective 1/1/94). (Vote: 7-0.)
Commissioner Gottlieb suggested City representation (possibly including special counsel Mr. Leibowitz) attend the
Dade League of Cities' 9/30/93 workshop regarding cable TV.
Also see related item C-3A.
ORDINANCE NO. 93-2876
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH ORDINANCE 86-2500 ENTITLED "AN
ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
GRANTING AS THEREINAFTER SET FORTH TO ALL-RITE
SATELLITE, INC., ITS SUCCESSORS AND ASSIGNS,
A NONEXCLUSIVE FRANCHISE FOR THE INSTALLATION
AND OPERATION AND MAINTENANCE OF A CABLE
COMMUNICATION SYSTEM WITHIN THE CITY OF MIAMI
BEACH; ESTABLISHING CERTAIN CONDITIONS
THEREFOR; PROVIDING FOR ACCEPTANCE OF THE
FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS THEREOF INCONSISTENT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE; SPECIFICALLY AMENDING THE
SECTION REGARDING DEFINITION OF GROSS REVENUE,
CABLE RATE REGULATION, CUSTOMER SERVICE
STANDARDS, AND ESTABLISHING A NEW SECTION
GOVERNMENT PUBLIC ACCESS CHANNEL; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS THEREOF
INCONSISTENT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 5, 1986, the City adopted Ordinance No.
86-2500 awarding a non-exclusive cable television franchise to All-
Ri te Satell i te, Inc. for a period of 15 years ("the TV Ticket
Franchise"); and
WHEREAS, the city authorized the assignment of the TV Ticket
Franchise to Rifkin-Narragansett South Florida CATV Limited
Partnership d/b/a Gold Coast Cable, (the "Franchisee"); and
WHEREAS, the city Administration, with the assistance of
special counsel, has currently engaged the Franchisee in
negotiations with respect to modifications of the terms and
conditions of the TV Ticket Franchise to include terms and
conditions including customer service standards, rate regulation,
and other pertinent issues; and
WHEREAS, the Federal Communications commission ("FCC") new
rules and regulations with respect to rate regulation are
incomplete and not final, and since these new rules and regulations
will provide authority to the city for rate regulation and will
restrict the Franchisee with respect to rates, the Administration
has determined that it is not reasonable to conclude cable renewal
negotiations pending detailed review of these rules and
regulations.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and city
commission of the city of Miami Beach, Florida:
SECTION 1. section 2(1) entitled "Gross Revenues" is amended
as follows:
(1) "CrOE:C Rovonuoc" chall moan all rO'.'onue derivod dinwtly
or indiroctly from cubE:criborc and ucerc of tho ChTV syctem by the
Company, itc affiliatee, cubcidiariec, parent and any porcon iR
uhich tho company hac a financial interect, or i tc cucceccorc,
aceignc or tranE:ferooc, frO"1i1 or in connection with tho operation
of a cablo communicationc cyctem purcuant to thiE: ordinance and
.Ji thin tho city: provided, hmmver, all revenuee ehall include, but
not be limited tom bacic cubccriber cervice monthly fees, pay cable
feee, inctallation and raconnection foec, leased channel fece::,
convortor rontale, studio rental, production equipment and
perconnel feec, cecurity corvices, advertising rovonuee and
including any eubccribor rovenueD from cubccriborc .:ithin tho city
oven if such cervice ic pro~ided by lacer transmicsion, or light
or optical tranemieeion and oven if subscriberc recida in one or
moro multiple-unit dwollingc under commen ewnerchip, control or
management: and that thic shall not include any taxee on carvices
furniched by the Company herein impoced directly upon any
eubecribor or ueer by the stata, city or governmental unit.
SECTION 2.
(1) "Gross Revenue" shall mean all revenue includinq cash,
credits. property of any kind or nature or other consideration
(includinq barter) recognized directly or indirectly bv franchisee
(includinq to the extent applicable. its Affiliates, as hereinafter
defined subsidiaries, or anY person or entity in which the
franchisee has a financial interest) from any source whatsoever
arisinq from. attributable to. or in any way derived from the sale
or exchanqe of cable services or the operation of a cable system
bv the franchisee within the city, in accordance with qenerallY
accepted accountinq principles. Gross revenues includes, but is
2
not limited to. fees charqed subscribers for any optional premium.
per-channel or per-proqram service; fees charqed subscribers for
any tier of service other than basic service; installation.
disconnection. reconnect ion and chanqe-in-service fees; leased
access fees; fees. payments or other consideration from proqrammers
for carriage of programminq on the cable system; revenue from
equipment rental or sales; revenue from studio and studio equipment
rental; advertisinq service: revenues derived from the sale of
products or services advertised or promoted on the cable system.
includinq home shopping channels; the sale. exchanqe or cablecast
by the franchisee of any proqrarnrninq developed on or for access
channels or institutional users; the sale of the siqnal or any
portion thereof to unlicensed operators; any revenue received
throuqh any means which avoids payment of compensation that would
otherwise be paid to the city for the franchise; and all other
revenue. Gross revenue shall not include to the extent consistent
with qenerallY accepted accounting principles. consistently
applied. bad debt write-offs; taxes and fees of a general nature
imposed by law on subscribers of any state. county. city or other
qovernmental unit and collected by the franchise on behalf of such
governmental unit and which the franchisee passes on in full to the
applicable tax authority or authorities (provided. however. that
the franchisee fee required to be paid by the franchisee in
accordance with its franchise shall not be considered to be such
a tax of a qeneral nature. as referred to above). For purposes of
this section. the term "Affiliate" shall mean any person or entity
which. directly or indirectly. owns ten percent (10%) or more
interest in the franchisee: or any person or entity in which the
franchisee. directly or indirectly. owns ten percent (10%) or more
interest; or any person or entity with at least ten percent (10%)
common interest with the franchisee.
SECTION 2. section 9(a) and (b) entitled "Rates" is amended
as follows:
3
SECTION 9.
RatoE.
(a) Tho city rotainc tho right to at any timo rogulate tho ratoE
that may bo charged by the Company, which regulation Ehall bo in
accordance with the RegulationE adoptod by the FCC purEuant to the
Cable Communicationc Policy Act of 1984.
(b) The detormination of the Company'E ratec Ehall algo bo gubject
to rogulation purcuant to Sec. 8A-1J of the Dade County Code, and
to the ruleE and regulationc of any State or Foderal authority
r.:hich may cubcequently, by duo prOCeEg of la'.\T, acquiro juriEdiction
over thic type of induE:try or onterpriEe.
SECTION 9. Cable Rate Requlations.
(a) To the extent permitted bY applicable law. the City shall
requlate rates of the Cable System.
(b) The city shall requlate the Cable System's rates and
charqes in a manner consistent with all applicable FCC rules and
requlations. Before adoptinq any order with respect to the rates
of a cable system. the city shall provide a reasonable opportunity
for consideration of the views of all interested parties. including
but not limited to. the views of the franchisee.
SECTION 3. section 13, entitled "Operations and Maintenance
System; Service Standards" is amended as follows:
SECTION 13.
Standards.
(a) Tho Company E:hall rondor operation and maintenanco purEuant
operation and Maintenance of SYEtem; Sorvice
to tho E:tandardE: of tho Fodera I Communicationc CommigEion and in
full complianco 'lith tho Cable Communicationg Policy Act of 1984.
(b) Tho Company haE and will continue to havo during tho torm
hereof an offico in Dado County, Florida which of fico iE: currently
located at 945 Crandon Boulevard, suite 22, Key BiEcayno, Florida
33119, and which offico8 shall bo open during all uEual bucinocE
hourc, and which local cuctomerg 8hall at all time 8have accecc to
by a local (Miami Boach) tolephono numbor, 80 that cUEtomorE may
rogiEter complaintc and roquoEtE without chargo to tho cuctomor.
4
Company chall, at all timeE:: keep and maintain E::ufficient phone
line~ so a~ to enablo a cub~cribor to roach Company and regictor
a complaint after a reaE::onable timo and effort, except in caE::e of
a cubctantial failuro of the E::YE::tem or a E::ubstantial portion
thereof.
(c) Company chall diE::patch poreonnol to inve~tigato all E::ervico
complaint~ and equipment malfunctionE:: within twenty-four hourc and
~trivo to recolvo cuch complaintEl ac promptly aE:: pOE::siblo. Plannod
interruption of eervice ~hall be only for good cause. Insofar as
poccible, plannod ~ervice interruptionc E::hall bo precodod by
notice, be of briof duration, and occur during minimum viewing
hourc. Company chall at all times havo in itE:: employ maintenance
persone who chall recido in Dade County.
(d) Company ehall maintain a complete list of all complaintc not
reE:olved \,,rithin coven dare received and the Hleasurec taken to
recolve them in form to be approved by tho City Managor. This liet
chall be supplied to the City Managor on a monthly bacic.
(e) Company shall maintain a list of all complaints recoived,
which lict will be available to tho city Manager.
(f) Company shall pormit tho City Manager to inspect and tOE::t the
cyetem'c technical equipment and facilitios upon reaE::onablo (twolve
to twenty-four hourE:) notice.
(9) The Company chall octablich a grievanco procedure which E::hall
be fair and equitable to all subscribers and shall filo copioE:: of
all complaintE:: and final docisions with tho city Managor, monthly.
SECTION 13. Consumer protection provisions: office and
telephone availability.
ill The franchisee shall maintain a local business
office within the existinq cable system's service area. but not
more than five (5) miles from the city or within the city that is
adequately staffed and open to the public. Monday throuqh Friday
from 8:30 a.m. to 5:00 p.m. This office may close for any holiday
observed by the U.S. Government.
5
lQl Each franchisee shall maintain a telephone system
with a publicly listed local telephone number. Knowledqeable.
qualified franchisee representatives will be available to respond
to customer telephone inquiries. Monday through Friday from 8:30
a.m. to 7:00 p.m.: one weekday night until 8:00 p.m.: and on
Saturday from 9:00 a.m. until 5:00 p.m.
lrl Under Normal Operating Conditions. all customer
service and repair calls shall be answered within thirty (30)
seconds. includinq wait time and within an additional thirty (30)
seconds to transfer the call during the hours between 7:00 a.m. and
11:00 p.m. each day of the year. The rate of lost calls. includinq
incominq calls abandoned. shall be less than ten (10) percent of
all incominq calls. Customers shall receive a busv signal no more
than three (3) percent of the time. These standards shall be met
no less than ninety (90) percent of the time measured on a
quarterly basis based upon the most recent quarter. with respect
to those calls received prior to 8:30 a.m. or after 7:00 p.m..
Monday to Friday: prior to 9:00 a.m. or after 5:00 p.m. on
Saturday: all day sunday and on all national holidays the
franchisee shall use reasonable efforts to assure that its outside
answerinq service comply with the standards set forth above.
iQl Franchisee shall maintain or contract for at least
one (1) billing payment and customer eauipment location located in
the city which will be open for transactions Monday throuqh Friday
from 8: 30 a. m. to 5: 00 P. m.: at least one niqht Monday throuqh
Friday until 8:00 p.m.; and on Saturday 9:00 a.m. until 12:00 p.m.
..Ltl When the franchisee's offices are closed. and at
times not included in subsection (a) above. franchisee may use
telephone answerinq services or automated answering and
distribution to meet the reauirements of this section. The
franchisee shall meet the standards specified in subsection (c).
SECTION 13.1
Consumer
protection
provisions:
Consumer
6
complaint procedures.
i9l Subscribers may lodqe complaints concerninq cable
service with a franchisee bv (i) writing franchisee at its local
business office; (ii) by telephoninq franchisee at its local
business office or (iii) visiting franchisee at its local business
office.
iQl Franchisee shall maintain a written record of each
customer complaint received. For purposes of this section, a
customer complaint shall not include normal service calls or
requests includinq billing or proqramming inquiries unless the
subscriber does not receive a satisfactory response or service from
the franchisee within a reasonable period of time, not to exceed
fifteen (15) days, after the service call or other request has been
made. The record shall include name of the customer, the date of
the complaint, the nature of the complaint and the date of the
response.
~ Customers dissatisfied with a franchisee's response
to a complaint may appeal to the City Manager within seven (7) days
of the franchisee's response. The City Manaqer and the franchisee,
or their representatives shall meet to resolve the complaint to the
mutual satisfaction of the parties within thirty (30) days. The
franchisee shall use reasonable efforts to resolve these
complaints.
i9l The franchisee shall notifY its subscribers in
writinq at the time of initial installation and at least annually
thereafter that if a subscriber is not satisfied with the
franchisee's service the subscriber can contact the City and County
offices requlating cable television. The franchisee's written
notice shall include the telephone number and contact person for
the city and the County's cable offices.
igl The franchisee shall, within seven (7) days after
receivinq written request from the city, send a written report to
the City with respect to any particular consumer complaint. The
7
report to the city shall provide a full eXl'lanation of the
investigation. findings and corrective steps taken or in process
by the franchisee.
SECTION 13.2 Installations outaqes and service calls.
ill Under normal operatinq conditions. each of the
followinq four (4) standards will be met no less than ninety-five
(95) percent of the time measured on a quarterlY basis.
ill Standard installations will be performed wi thin
seyen (7) business days after an order has been placed; provided
the franchisee has been able to obtain any necessary easements or
other consents necessary to complete the installations. "standard"
installations are UP to one hundred fifty (150) feet from the
existinq distribution system.
(ii) The franchisee will respond to service
interruptions promptly and in no event later than twenty-four (24)
hours after the interruption becomes known. other service problems
will be responded to promptlY and in no event later than forty-
eiqht (48) hours. Notwithstandinq the above. the franchisee shall
not be required to respond to service interruptions or service
problems on Sunday. All service interruptions and service problems
within the control of franchisee will be corrected within 72 hours
after receipt of a complaint.
(iii) The appointment window alternatives made
available for installations. service calls. repairs. and other
installation activities will be (a) morninqs. and (bl afternoons.
Monday throuqh Saturday; or (cl at the election and discretion of
the subscriber. "all day".
(iv) If at any time an installer or technician is
runninq late. an attempt to contact the customer will be made and
the appointment rescheduled as necessarY at a time which is
convenient for the customer.
lhl The franchisee shall not miss a service or
8
installation appointment scheduled with a particular subscriber
unless rescheduled one (1) day in advance.
iQl Franchisee may intentionally interru~t service only
for good cause and for the shortest time possible. Franchisee
shall use its best efforts to insure that such interruptions shall
occur only durinq the hours of 1:00 a.m. to 6:00 a.m. A written
loq shall be maintained for all intentional service interruptions.
~ In the event that service to any subscriber is
interrupted on all channels on the basic tier which shall mean the
service tier which includes the retransmission of local television
broadcast siqnals or thirty percent (30%) of the channels on any
other proqramminq tier or any sinq1e a la carte premium channel
(hereinafter for purposes of this section referred to collectivelY
as the "Base Channels") for twentv-four-hour (24) or more hours due
to the fault of the franchisee and not due to acts of God or other
circumstances beyond franchisee I s control. the franchisee shall
provide a credit or rebate to affected subscribers equal to twenty
(20) percent of the monthlv fees for each twenty-four-hour period
durinq which the subscriber is without service not to exceed one
(1) month subscriber payment. In the event that service to any
subscriber is interrupted on the Base Channels including loss of
siqnal complying with the technical requirements specified in this
franchise or under applicable federal law for six (6) or more
hours. the franchisee shall provide a credit or rebate to affected
subscribers upon request by the subscriber. equal to one-thirtieth
of the monthly bill. However. in the event that service to any
subscriber is interrupted on the Base Channels. includinq the loss
of signal complvinq with the technical requirements specified in
the franchise or under applicable federal law for twenty-four (24)
or more hours the franchisee shall provide a credit or rebate to
affected subscribers equal to one-thirtieth of the monthlY bill.
For purposes of computing the time of interrupted service. the time
shall begin when a complaint for interrupted service is received
9
by the franchisee or when the franchisee has actual or constructive
notice of the interruption. whichever occurs first.
of this section. service interruption shall mean
For purposes
the loss of
picture or sound. In addition, with respect to cable service
offered in multiple dwellinq units. no rebate or credit shall be
required unless the franchisee has actual or constructive notice
that the Base Channels are not in compliance with the technical
requirements of this franchise or under applicable federal law, and
if the franchisee has commenced any and all necessary repairs
within thirty-six (36) hours usinq its best efforts to correct the
quality of the siqnal. In addition. no rebate or credit shall be
required for cable service offered in multiple dwelling units if
the failure to provide the required signal or the ability to cure
is beyond the control of the franchise, and within the control of
the manaqement or owner(s) of the multiple dwellinq unit. Nothing
in this subsection limits the franchisee from applyinq a rebate
policy more liberal than these requirements.
igl In all situations where cable service is disrupted
to five hundred (500) or more subscribers for a time period qreater
than six (6) hours, the franchisee shall notifY the city Manaqer
or his desiqnee immediately.
iil All field employees must carry identification
indicatinq their employment with the franchisee.
i9l Upon termination of service to any subscriber, the
franchisee shall remove all portions of its system. facilities and
equipment from the subscriber's premises within 14 days of
subscriber's request. Where removal is impractical. such as with
buried cable or internal wiring. facilities and equi~ment may be
disconnected or abandoned rather than removed.
SECTION 13.3 Communications. bills and refunds.
~ The franchisee will provide written information in
each of the fol1owinQ areas at the time of installation and at any
10
future time upon request bv the Subscriber:
ill The products and services offered;
l1il Prices and service options;
(iiilHow to use the cable service;
iiYl Installation and service policies;
iYl The franchisee's procedures for the receipt
and resolution of customer complaints. the franchisee's address and
telephone number to which complaints may be reported. and the hours
of operation;
(vil The telephone number and address of the city's
office and the County's office designated to handle cable
television complaints and inquiries;
(vii) The availability of the "lock-out" device;
(viii) The availability of an input selector. or
A/E switch. and identification of those local broadcast stations
not carried on their system;
(ix) The franchisee's information collection and
disclosure policies for the protection of a subscriber's privacy.
The information in subsection (vl-(ix) above will be provided to
each subscriber at least annuallY.
J..Ql In addition. a franchisee shall provide written
notice in its monthly billinq. at the request of the city Manaqer.
of any meetinq reqardinq requests or applications by the franchisee
for renewal. transfer or modification of its franchise. The city
Manaqer shall make such a request in writinq. no less than fortv-
five (45) days prior to the mailinq of any billinq bv franchisee.
Said notices shall be made at franchisee's expense and said expense
shall not be considered part of the franchise fee assessed pursuant
to section 8 and shall not be regarded as the term as defined in
section 622 of the Communications Act. 47 U.S.C. Section 42.
lQl The franchisee's bills will be clear. concise and
understandable.
11
iQl Refund checks will be issued promptlY. but no later
than the earlier of thirty (30) days or the customer's next billinq
cycle followinq the resolution of the reauest. or the return of the
equipment supplied by the franchisee if service is terminated.
1.tl All customers and the city will receive written
notification a minimum of thirty (30) days in advance of any rate
or channel chanqe.
SECTION 13.4
Customer Service Compliance certificate.
The franchisee shall certifY in writinq to the city on January
1 and June 1 of each year based upon internal due diliqence by the
franchisee that to the best of its knowledqe it is in substantial
compliance with the customer service standards set forth in
Sections 13-13.3 within thirty (30) days of receipt of the
certification. At the reauest of the city. the franchisee shall
submit such documentation. as may be reauired. to demonstrate such
compliance within thirty (30) days of receipt of such reauest.
SECTION 13.5
Customer Service - Penalties.
(a) In addition to any other remedies provided herein. the
City may (in accordance with provisions of this section) impose the
followinq penalties for any violation of sections 13-13.3. hereof:
Customer Service
Section
Description of
violation
Penalty
Failure to Maintain
Local Business Office
$300
13 (a)
13 (b)
Failure to Maintain
Telephone System
$300
13 (b)
Failure to Make
Qualified Franchisee
Representatives
Available
$300
13 (c)
Failure. Under
Normal Operating
Conditions. to
Meet Phone
Answerinq Time
$300
13 (d)
Failure to Maintain
Billinq Payment and
$500
12
13 (d)
13 (e)
13.1 (b)
13.1 (3)
13.3 (a)
13.2 (a)
13.2 (b)
13.2 (c)
13.2 (d)
13.2 (e)
13.2 (f)
13.3 (a) (ix)
Customer Eauipment
Location Within
The City
Failure to $500
Maintain Billing
pavment and
Customer Eauipment
Office Hours
Failure to Meet After- $300
Hour Telephone Standards
Failure to Comply $500
with Record
Requirements of Customer
Complaints
Delay in Sending $200
written Report in
Consumer Complaint
Failure to Notify $250
Customers at Time
of Installation or
Annually
Failure. Under $300
Normal Operatinq
Conditions. to
Meet Installations.
Outaaes and Service
Calls within
Reauisite Time
Failure to Meet $100
Ser.vice or
Installation
Appointment
Interruption of $500
Service without
Good Cause
Interruption of $500
Service Due to
Fault of Franchise
Delay in Notifv $200
city of Service
Disruption
Failure to ProperlY $100
Identify Field Personnel
Failure to Provide $100
written Information
as to Products and
Services Offered.
Prices and Service
options. Use
Cable Service.
Installations and
Service Policies:
13
Procedures for
Customer Complaints.
Telephone Numbers for
County and city
Cable Offices:
the Availability
of Lock-out Devices.
Input Selectors
or A/B switches
13.3 (b)
Failure to Provide
Notice of
City Meetinqs
$500
13.3 (d)
Delay ia Refunds
$250
For purposes of computinq these penalties. each day of a continuinq
violation shall constitute a separate violation.
(b) The City shall qive the franchisee thirty (30) days prior
written notice of its intent to assess a penalty. identifying the
reasons for such proposed action.
During the thirty (30) day
notice period the franchisee may file a written response to the
Notice of Intent to assess a penalty with the city.
(c) The city shall consider any justification. mitigatinq
factor. including but not limited to rebates or credits to the
subscriber, a cure of the "Violation. offered by the franchisee
?rior to assessinq such penalties. and the imposition of a penalty
by Dade County.
The City may. after consideration of such a
response by the franchisee. waive or reduce the penalty. The city
and the franchisee aqree that it is appropriate and necessary for
the city to enforce the customer service standards contained in
this franchise. The City will use reasonable efforts to coordinate
with Dade County to avoid the assessment of mUltiple penalties for
the same violation. However. nothinq herein shall prevent the City
from assessinq penalties as a result of Dade County's action(s).
if any.
(d) Subsequent to the notice and consideration of
franchisee's response. if any. as required in subsections (b) and
(e) above. the city may issue an assessment of penalty. The
penalty shall be paid within thirty (30) days of written notice to
14
franchisee.
(el Failure of the City to enforce any requirement of the
customer service standards or to assess any penalties for
violations shall not constitute a waiver of the City's rights.
(f) Any penalties assessed under this Section shall be
considered liquidated damages. It is the intent of the city to
determine penalties as a reasonable estimate of the damages
suffered by the city. whether actual or potential. and may include
without limitation. increased costs of administration and other
damaGes difficult to measure.
(G) Any penalty assessed under this section shall not be
considered part of the franchisee fee assessed pursuant to Section
8 and shall not be reGarded as a franchisee fee. as that term is
defined in Section 622 of the Communications Act. 47 U.S.C. Section
542. Further. any penalty shall not be considered as an external
cost as defined by the FCC and shall not be treated as a pass-
throuGh or in any calculation of cost of service for rate
reGulation to the extent provided by applicable federal law.
(hl Further. any penalty assessed under this Section shall
not be considered in any rate requlation proceedinq as a cost to
the franchisee. nor shall it be treated as a pass-throuqh to the
subscribers.
SECTION 13.6
Violation of Customer Service Standards-
Renewal & Transfer.
Violations and penalties assessed as a result thereof of the
customer service standards set forth in Sections 13-13.3 may be
considered in connection with franchisee's franchise renewal
application or any franchisee's transfer application. to the extent
permitted under federal law. However. prior to such consideration.
the City shall provide franchisee with notice of its intent to
consider such matters in its evaluation and an opportunity to cure
any violations.
15
SECTION 4.
A new Section 30, entitled "Government Access
Channel" is added as follows:
SECTION 30. Government Access Channel.
(a) The franchisee shall provide and maintain, without
charqe, a cable channel on.a full-time basis to the City of Miami
Beach for its use and proqramming. Said channel shall be included
on the franchisee's basic tier of service as defined by federal
law.
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SECTION 5. The existing Sections 30, 32, and 33 are
renumbered consecutivelyas Sections 31, 32, and 33, respectively.
SECTION 6. Severability.
If any section, sentence, clause or phrase of this Ordinance
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portion of this Ordinance.
SECTION 7. Repealer.
All ordinances or parts in conflict herewith be and the same
are hereby repealed.
16
SECTION 8. Effective Date.
This Ordinance shall take effect ten (10) days after adoption
on the 2nd
day of October, 1993.
Customer service standards
contained herein shall become effective January 1, 1994. However,
th~ city shall comply with all notice requirements for the customer
service standards and rate regulation contained herein under
applicable federal law.
I
PASSED and ADOPTED this 22nd day of
.~
ATTEST:
( i/
i/'
~~,~~ ~ - ~~~
CITY CLERK
1st reading 9/8/93
2nd reading 9/22/93
FORM APPROVED
LEGAL DEPT.
~L"
By Y
Date t:? 3. ~ ~
A:\ordinanc.908
17
SECTION 8. Effective Date.
This Ordinance shall take effect ten (10) days after adoption
on the 2nd
day of October, 1993.
Customer service standards
contained herein shall become effective January 1, 1994. However,
the city shall comply with all notice requirements for the customer
service standards and rate regulation contained herein under
applicable federal law.
/
PASSED and ADOPTED this 22nd day of
ATI'EST:
(i"'" .
V'
~vl.ov~ C - ~0V~
CITY CLERK
1st reading 9/8/93
2nd reading 9/22/93
FORM APPROVED
LEGAL DEPT.
By ~Ly
Date q. 3. ~ ~
A:\ordinanc.908
17