Loading...
2001-24399 RESO RESOLUTION NO. 2001-24399 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING AND SUPPORTING THE VITAL PUBLIC SERVICE THAT LOCAL LOW POWER TELEVISION STATIONS PROVIDE TO THE CITIZENS OF MIAMI BEACH AND MIAMI-DADE COUNTY OVERALL; FURTHER FINDING THAT, IN THE INTEREST OF KEEPING THE LOW POWER TELEVISION STATIONS BROADCASTING ON THE AIR, THE MAYOR AJ'I'D CITY COMMISSION URGES THE CITY ADMINISTRATION, IN ITS ONGOING NEGOTIATIONS REGARDING THE PROPOSED TRANSFER OF THE CITY'S CABLE FRANCHISE AGREEMENT WITH INTERLINK COMMUNICATIONS PARTNER, LLC D/B/A CHARTER COMMUNICATION, INC., TO AT&T BROADBAJ'I'D, AND THAT TO THE EXTENT LEGALLY POSSIBLE, THAT IT URGE THE CABLE FRANCHISEE TO CONTINUE THE SAME (OR LOWER) MONTHLY CARRIAGE RATES, SO AS TO ALLOW THESE LOW POWERED TELEVISION STATIONS TO CONTINUE TO BROADCAST. WHEREAS, pursuant to the Communication Act of 1934, as amended, 47 D.S.C. Sections 521 et. seq.. the City may grant or renew a franchise to construct, operate and maintain a cable television system; and WHEREAS, on January 10,2001, the Mayor and City Commission adopted Ordinance No. 2001-3289, providing for the issuance and regulation on cable television franchises for, and the installation, construction and operation of, cable television systems within the City (Cable Ordinance); and WHEREAS, the Mayor and City Commission determined to grant Interlink Communications Partner, LLC d/bla Charter Communications, Inc. (Charter) a non-exclusive franchise to own, construct and operate a cable television system within the City, subject to the terms and conditions of the City's Cable Ordinance and subject also to the City and Charter entering into a Franchise Agreement, said Franchise Agreement effective January 10,2001, and having a term often (10) years; and WHEREAS, Charter has since notified the City of its intent to transfer the Franchise Agreement to AT&T Broadband; pursuant to the Franchise Agreement, no such change of control may occur without prior approval of the Mayor and City Commission; and WHEREAS, there exists in South Florida a large number of low powered television (LPTV) stations which offer true local and community progranuning to viewers and which fill many gaps in areas and programming left by full powered stations and cable providers; and WHEREAS, LPTV stations often serve the special needs of disenfranchised urban groups and others who have no ready means of getting their messages out, stay connected. or receive programs which address their particular interests and needs: and WHEREAS. LPTV stations are not entitled under the current Franchise Agreement to free carriage by the authorized cable provider, but rather pay the cable franchisee, or in this case Charter, a monthly rate in order to broadcast; and WHEREAS, due to legal limitations, LPTV stations have extremely limited direct transmission distance capabilities, and cannot reach a broader audience without cable access; and WHEREAS, there is no legal requirement in the Ciry's current Franchise Agreement which would restrict the amount the cable provider is able to charge for LPTV's to broadcast; essentially, the cable vision provided has absolute discretion as to the fee it wishes to charge for cable access to LPTV stations; and WHEREAS, the Ciry herein finds that there exists a valid public interest in having LPTV's continue to broadcast their programming and therefore would urge, in support thereof, that the City Administration, in its ongoing negotiations with Charter, and to the extent legally permissible, urge the cable provider to continue to offer the same (or lower) monthly carriage rates to LPTV's in order for them to continue to provide their vital public service(s). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Ciry Commission herein acknowledge and support the vital public service that local low power television stations provide to the citizens of Miami Beach and Miami-Dade Counry overall; further finding that, in the interest of keeping the low power television stations broadcasting on the air, the Mayor and City Commission urges the City Administration, in its ongoing negotiations regarding the proposed transfer of the Ciry's cable Franchise Agreement with Interlink Communications Partner, LLC d/b/a Charter Communication, Inc., to AT&T Broadband, and that to the extent legally possible, that it urge, the cable franchisee to continue the same (or lower) monthly carriage rates, so as to allow these low powered television stations to continue to broadcast. . PASSED and ADOPTED this 16th day of MAYOR May , 2001. ATTEST: ~Kr~ CITY CLERK RJA\kw F:\A ITO'AGUR'.RESOS\LPTYFEE.RES APPROVED }oS TO FOR'" & LANGUAGE & FO!t l:XECUTtON 2 /!)(kA~ ~-/( ,ell Dat4 ) OFFICE OF THE CITY ATTORNEY ~ r!lity ef~. 7lt'tlt'A ~ F L o R o A MURRA.Y H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-74 i (305) 673-700 COMMISSION MEMORANDUM NO. DATE: MAY 16,2001 TO: MAYOR NEISEN O. KASDIN MEMBERS OF THE CITY COMMISSION FROM: MURRAY DUBBIN .i\ ..1 V CITY ATTORNEAJJ- ~ SUBJECT: RESOLUTION IN SUPPORT OF LOW POWERED TELEVISION STATIONS Pursuant to the request of City Commissioner David Dermer the attached proposed resolution has been drafted in order to urge the City Administration, in its ongoing negotiations regarding the proposed transfer of the City's Cable Franchise Agreement with Interlink Communications Partner, LLC d/b/a Charter Communications, Inc., to AT&T Broadband, and to the extent legally permissible, to urge the Franchisee to continue the same (or lower) monthly carriage rates for Low Powered Television stations (LPTV), so as to allow them to continue to provide vital public services to the citizens of Miami Beach and Miami-Dade County overall as part of their broadcast programming. IUA\kw F.\A TTo\Ot.U\IlES-ORD\MEMOS\l.PTVFEE MEM Attachment 1700 Convention Center Drive _ Fourth Floor __ Miami Beach, Florida 33139 , RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING AND SUPPORTING THE VITAL PUBLIC SERVICE THAT LOCAL LOW POWER TELEVISION STATIONS PROVIDE TO THE CITIZENS OF MIAMI BEACH AND MIAMI-DADE COUNTY OVERALL; FURTHER FINDING THAT, IN THE INTEREST OF KEEPING THE LOW POWER TELEVISION STATIONS BROADCASTING ON THE AIR, THE MAYOR AJ'ID CITY COMMISSION URGES THE CITY ADMINISTRATION, IN ITS ONGOING NEGOTIATIONS REGARDING THE PROPOSED TRANSFER OF THE CITY'S CABLE FRANCHISE AGREEMENT WITH INTERLINK COMMUNICATIONS PARTNER, LLC D/B/A CHARTER COMMUNICATION, INC., TO AT&T BROADBAND, AND THAT TO THE EXTENT LEGALLY POSSIBLE, THAT IT URGE THE CABLE FRANCHISEE TO CONTINUE THE SAME (OR LOWER) MONTHLY CARRIAGE RATES, SO AS TO ALLOW THESE LOW POWERED TELEVISION STATIONS TO CONTINUE TO BROADCAST. WHEREAS, pursuant to the Communication Act of 1934, as amended, 47 U .S.C. Sections 521 et. seq.. the City may grant or renew a franchise to construct, operate and maintain a cable television system; and WHEREAS, on January 10, 2001, the Mayor and City Commission adopted Ordinance No. 2001-3289, providing for the issuance ~nd regulation on cable television franchises for, and the installation, construction and operation of, cable television systems within the City (Cable Ordinance); and WHEREAS, the Mayor and City Commission determined to grant Interlink Communications Partner, LLC d/b/a Charter Communications, Inc. (Charter) a non-exclusive franchise to own, construct and operate a cable television system within the City, subject to the terms and conditions of the City's Cable Ordinance and subject also to the City and Charter entering into a Franchise Agreement, said Franchise Agreement effective January 10,2001, and having a term often (10) years; and WHEREAS, Charter has since notified the City of its intent to transfer the Franchise Agreement to AT&T Broadband; pursuant to the Franchise Agreement, no such change of control may occur without prior approval of the Mayor and City Commission; and WHEREAS, there exists in South Florida a large number oflow powered television (LPTV) stations which offer true local and community programming to viewers and which fill many gaps in areas and programming left by full powered stations and cable providers; and WHEREAS. LPTV stations often serve the special needs of disenfranchised urban groups and others who have no ready means of getting their messages out, stay connected. or receive programs which address their particular interests and needs; and WHEREAS. LPTV stations are not entitled under the current Franchise Agreement to free carriage by the authorized cable provider, but rather pay the cable franchisee. or in this case Charter. a monthly rate in order to broadcast; and WHEREAS, due to legal limitations, LPTV stations have extremely limited direct transmission distance capabilities, and cannot reach a broader audience without cable access; and WHEREAS, there is no legal requirement in the City's current Franchise Agreement which would restrict the amount the cable provider is able to charge for LPTV's to broadcast; essentially, the cable vision provided has absolute discretion as to the fee it wishes to charge for cable access to LPTV stations; and WHEREAS, the City herein finds that there exists a valid public interest in having LPTV's continue to broadcast their programming and therefore would urge, in support thereof, that the City Administration, in its ongoing negotiations with Charter, and to the extent legally permissible, urge the cable provider to continue to offer the same (or lower) monthly carriage rates to LPTV's in order for them to continue to provide their vital public service(s). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein acknowledge and support the vital public service that local low power television stations provide to the citizens of Miami Beach and Miami-Dade County overall; further finding that, in the interest of keeping the low power television stations broadcasting on the air, the Mayor and City Commission urges the City Administration, in its ongoing negotiations regarding the proposed transfer of the City's cable Franchise Agreement with Interlink Communications Partner, LLC d/b/a Charter Communication, Inc., to AT&T Broadband, and that to the extent legally possible, that it urge, the cable franchisee to continue the same (or lower) monthly carriage rates, so as to allow these low powered television stations to continue to broadcast. PASSED and ADOPTED this ,2001. day of ATTEST: MAYOR CITY CLERK RJA..kw F:'A rrOIAGUR\RESOS\LPTVFEE.RES APPROVED AS TO FORM & lANGUAGE & FO~ ::XECUTJON 2 /!~fuJt-. _!tv ,'\VtOi'ng! ~-I( ,(II Dats