Ordinance 86-2500 ORDINANCE NO. 86-2500
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, GRANTING AS HEREINAFTER 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 AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1. Grant of Franchise. There is hereby created, granted
and established a nonexclusive, full and complete franchise for a
period as hereinafter provided for the installation, operation and
maintenance of a cable communication system within the franchise
area as defined herein to All-Rite Satellite, Inc. , a Florida
corporation, provided, however , that said franchise shall be
subject to the following terms and performance conditions.
SECTION 2. Definitions. For the purpose of this ordinance the
following terms, phrases, words and their derivations shall have
the meanings given herein. When not inconsistent with the
context, words used in the present tense include the future, words
in the plural number include the singular number and words in the
singular number include the plural number. The word "shall" is
mandatory and "may" is permissive. Words not defined shall be
given their common and ordinary meaning.
(a) "Basic Service" shall mean all subscribed services provided
by the Company, including the delivery of broadcast signals,
covered by the regular monthly charge paid by all subscribers,
excluding optional service for which a separate charge is made.
(b) "Cable Communications Policy Act of 1984" shall mean the
Federal Cable Communications Policy Act of 1984 , Pub. L. 98-549 §1
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et seq, 98 Stat. 2780 , 1984.
(c) "Cable Communication System" or "CATV System" shall mean a
system of antennas, cables, wires, lines, towers, wave guides or
other conductors, converters, equipment or facilities, designed
and constructed for the purpose of producing, receiving,
transmitting, amplifying and distributing audio, video and other
forms of electronic or electrical signals, located in the City.
Said definitions shall include any such facility operated by the
Company that now serves or will serve only subscribers in one or
more multiple-unit dwellings under common ownership, control or
management, even if such facility does not use a highway,
sidewalk, easement, dedication or other public property.
(d) "City" is the City of Miami Beach, a municipal corporation,
in the State of Florida.
(e) "Company" is All-Rite Satellite, Inc. , the grantee of rights
under this ordinance awarding a franchise, or its successor ,
transferee or assignee.
(f) "Converter" means an electronic device which converts signals
to a frequency not susceptible to interference within the
television receiver of a subscriber , and by an appropriate channel
selector also permits a subscriber to view all signals included in
the universal or basic service delivered at designated converter
locations.
(g) "Commission" shall mean the governing body of the City of
Miami Beach, Florida.
(h) "Dedication" shall be limited to those rights-of-ways for the
benefit of the public and controlled by the City, the terms,
conditions or limitations upon which are not inconsistent with the
erection, construction or maintenance of a., CATV system, its
structures or equipment.
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(i) "Easement" shall be limited to those rights-of-way or
easements of record in favor of the City, their terms, conditions
or limitations upon which are not inconsistent with the erection,
construction or maintenance of a CATV system, its structures or
equipment.
(j ) "FCC" shall mean the Federal Communications Commission and
any legally appointed, designated or elected agent or successor .
(k) "Franchise area" shall mean the City limits of the City of
Miami Beach as they are now located and any areas which may at
some future time be incorporated into the City.
(1) "Gross Revenues" shall mean all revenue derived directly or
indirectly from subscribers and users of the CATV system by the
Company, its affiliates, subsidiaries, parent and any person in
which the Company has a financial interest, or its successors ,
assigns or transferees, from or in connection with the operation
of a cable communication system pursuant to this ordinance and
within the City; provided, however , all revenues shall include,
but not be limited to, basic subscriber service monthly fees,
pay cable fees, installation and reconnection fees, leased channel
fees, converter rentals, studio rental, production equipment and
personnel fees, security services, advertising revenues and
including any subscriber revenues from subcribers within the City
even if such service is provided by laser transmission, or light
or optical transmission and even if subscribers reside in one or
more multiple-unit dwellings under common ownership, control or
management; and that this shall not include any taxes on services
furnished by the Company herein imposed directly upon any
subscriber or user by the State, City or governmental unit and
collected by the Company on behalf of said governmental unit.
(m) "Highway" is a way or place of whatever nature, publicly
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maintained and open to the use of the public for purposes of
vehicular travel. "Highway" shall include street or alley.
(n) "Installation" shall mean the connection of the system from
feeder cable to subscribers ' terminals.
(o) "Public Property" is any real property owned by the City
other than a highway, sidewalk, easement or dedication.
(p) "Sidewalk" is that portion of a highway, other than the
roadway, set apart by curbs, barriers, markings or other
delineation for pedestrian travel, including parkways, not on
private lands.
SECTION 3. Rights and Privileges of Company. The franchise
granted by the City pursuant to this ordinance shall grant to the
Company, on the terms and conditions hereinafter set forth, the
right and privilege to erect, construct, operate and maintain in,
upon, along, across, above, over and under the highways,
sidewalks, easements, dedications and other public property now in
existence and as may be created and established during its term,
any poles, wires, cable, underground conduits, manholes and other
television conductors and fixtures necessary for the maintenance
an operation of a CATV system for the interception, sale,
transmission, distribution, and receipt of television programs and
other audio-visual electrical signals insofar as is consistent
with ordinances of the City and the right to transmit the same to
the inhabitants of the specified area of the City.
SECTION 4 . Agreement. Upon the adoption of this franchise and
execution hereof by Company, Company agrees to be bound by all the
terms and conditions contained herein.
SECTION 5. Term.
(a) The term of the franchise to be granted by. the City pursuant
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to this ordinance shall be for a period of fifteen (15) years from
the effective date of this ordinance, which franchise term may be
renewed in accordance with the provisions of 5546 of the Cable
Communications Policy Act of 1984 .
(b) Subject to the provisions of 5545 of the Cable Communications
Policy Act of 1984 , the City Commission may terminate this
franchise in the event Company shall refuse , or neglect to comply
with any material requirement or limitation contained in this
ordinance.
SECTION 6. Commencement of Franchise Term. The franchise term
shall commence with the effective date of ordinance enactment.
SECTION 7. Area. This franchise is granted for the franchise
area, as defined in subsection 2 (k) .
SECTION 8. Franchise Fee. The Company shall pay to City, as
is hereinafter provided, a franchise fee equal to four percent
(4%) of Company ' s gross revenues (as defined in Section 2 (1) above)
from its operations in the City under this ordinance.
SECTION 9. Rates.
(a) The City retains the right to at any time regulate the rates
that may be charged by the Company, which regulation shall be in
accordance with the Regulations adopted by the FCC pursuant to the
Cable Communications Policy Act of 1984 .
(b) The determination of the Company ' s rates shall also be
subject to regulation pursuant to Sec. 8A-13 of the Dade County
Code, and to the rules and regulations of any State or Federal
authority which may subsequently, by due process of law, acquire
jurisdiction over this type of industry or enterprise.
SECTION 10. Rights of Individuals .
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(a) Company shall not deny service, deny access or otherwise
discriminate against subscribers, channel users or general
citizens on the basis of race, color , religion, national origin,
sex, age handicap or speech content. Company shall comply at all
times with all other applicable Federal, State and local laws and
regulations, and all executive and administrative orders relating
to nondiscrimination which are hereby incorporated and made a part
of this ordinance by reference.
(b) Company shall strictly adhere to the Equal Employment
Opportunity requirements of Federal, State and local regulations,
and as amended from time to time.
SECTION 11. Liability and Indemnification.
(a) The Company shall pay, and by its acceptance of this
franchise, Company specifically agrees that it will pay all
damages and penalties which the City may legally be required to
pay as a result of granting this franchise, including but not
limited to damages resulting from a claim made by a prior
franchisee or any other governmental entity. These damages and
penalties shall include, but shall not be limited to, all damages
arising out of the installation, operation or maintenance of the
CATV system authorized herein, and whether or not any act or
omission complained of is authorized , allowed or prohibited by
this franchise.
(b) The Company shall pay, and by its acceptance of this
franchise specifically agrees that it will pay, all expenses
incurred by the City in defending itself with regard to all
damages and penalties mentioned in subsection (a) above. The
Company shall have the right to defend the City with its own
attorneys; however , if the Company elects not to retain such
counsel, the expenses referred to in this Section 11 (b) shall
include the reasonable value of any services rendered by the City
Attorney or his designees or his assistants or any employees of
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the City.
(c) The Company shall maintain, and by its acceptance of this
franchise, specifically agrees that it will maintain throughout
the term of this franchise, liability insurance insuring the
Company in the minimum amounts as follows:
(1) Workmen' s compensation insurance as provided by the
laws of the State of Florida.
(2) One million dollars for bodily injury or death to
any one person, within the limit, however , of three million
dollars for bodily injury or death resulting from any one
accident.
(3) One million dollars for property damage resulting
from any one accident. The insurance policies obtained by a
grantee in compliance with this section shall be issued by a
company or companies acceptable to the City, and a current
certificate or certificates of insurance, along with written
evidence of payment of all required premiums, shall be filed
and maintained with the agency during the term of the
license. The policies shall name the City of Miami Beach as
an additional insured and shall contain a provision that a
written notice of cancellation or reduction in coverage of
the policy shall be delivered to the City thirty (30) days in
advance of the effective date thereof .
SECTION 12 . Signal Quality Requirements. Company shall
install, operate and maintain the system in a good workmanlike
manner, free from defects in material and workmanship, and shall
operate in accordance with the technical specifications, standards
and requirements contained in Subpart K-Technical Standards of
Part 76-CABLE TELEVISION SERVICE of Rules and Regulations of the
Federal Communications Commission, 47 C.F .R•. 76 .601 et. seq.
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(1984) .
SECTION 13 . Operation and Maintenance of System;
Service Standards
(a) The Company shall render operation and maintenance pursuant
to the standards of the Federal Communications Commission and in
full compliance with the Cable Communication Policy Act of 1984 .
(b) The Company has and will continue to have during the term
hereof an office in Dade County, Florida, which office is
currently located at 945 Crandon Boulevard, Suite 22 , Key
Biscayne, Florida 33149, and which offices shall be open during
all usual business hours, and which local customers shall at all
times have access to by a local (Miami Beach) telephone number , so
that customers may register complaints and requests without charge
to the customer . Company shall, at all times keep and maintain
sufficient phone lines so as to enable a subscriber to reach
Company and register a complaint after a reasonable time and
effort, except in case of a substantial failure of the system or a
substantial portion thereof.
(c) Company shall dispatch personnel to investigate all service
complaints and equipment malfunctions within twenty-four hours and
strive to resolve such complaints as promptly as possible. Planned
interruption of service shall be only for good cause. Insofar as
possible, planned service interruptions shall be preceded by
notice, be of brief duration, and occur during minimum viewing
hours. Company shall at all times have in its employ maintenance
persons who shall reside in Dade County.
(d) Company shall maintain a complete list of all complaints not
resolved within seven days received and the measures taken to
resolve them in form to be approved by the City Manager . This
list shall be supplied to the City Manager on a monthly basis.
(e) Company shall maintain a list of all complaints received,
which list will be available to the City Manager .
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(f) Company shall permit the City Manager to inspect and test the
system' s technical equipment and facilities upon reasonable
(twelve to twenty-four hours) notice.
(g) The Company shall establish a grievance procedure which shall
be fair and equitable to all subscribers and shall file copies of
all complaints and final decisions with the City Manager , monthly.
SECTION 14 . Safety Requirements.
(a) The Company shall at all times employ ordinary care and shall
install and maintain in use commonly accepted methods and devices
for preventing failures and accidents which are likely to cause
damage, injuries or nuisances to the public.
(b) The Company shall install and maintain its wires, cables,
fixtures and other equipment in accordance with the requirements
of the City, County and other applicable standard regulations, and
in such manner that they will not unreasonably interfere with
installations of the City or of a public utility serving the City.
(c) All structures and all lines, equipment and connections in,
over , under , and upon the streets, sidewalks, alleys, easements
and public ways or places in the City, wherever situated or
located, shall at all times be kept and maintained in a safe ,
suitable, substantial condition, and in good order and repair .
SECTION 15. New Developments. It shall be the policy of the
City and Company, consistent with the Cable Communications Policy
Act of 1984 , to amend this franchise when necessary to enable the
Company to take advantage of any developments in the field of
transmission of television and radio signals which will afford the
Company an opportunity to more effectively and efficiently or
economically serve its customers.
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SECTION 16 . Conditions on Street Occupancy.
(a) Any pavements, sidewalks, curbing or other paved area taken
up or any other installation made, including overhead
installations, shall be done under permits issued for work by the
proper officials of the City, after payment of the permit fee and,
where applicable, the Dade County Public Works Department and the
State of Florida Department of Traffic and Transportation, and
shall be done in such manner as to give the least inconvenience to
the inhabitants of the City. Company shall, at its own cost and
expense, and in a manner approved by the City Manager , replace and
restore any such pavements, sidewalks, curbing or other paved
areas in as good a condition as before the work involving such
disturbance was done, and shall also make and keep full and
complete plats, maps, drawings and records showing the exact
locations of its facilities located within the public streets,
ways, and easements of the City. These maps shall be available
for inspection at any time during business hours at the office of
Company and copies of "permitted" drawings of same shall be
provided to the City after completion of each major installation.
Thereafter, when required by the City and within seven days after
receipt of a written request, Company will supply the City with
documents reflecting any revisions or modifications to the
documents previously supplied.
(b) In case of disturbance of any street, sidewalk, alley, public
way, paved area, or utility easement areas, the Company shall, at
its own cost and expense and in a manner approved by the City
Public Works Director , restore such street, sidewalk, alley,
public way, paved area, or utility easement areas in as good a
condition as before the work involving such disturbance was done.
(c) If at any time during the period of this franchise the City
shall lawfully elect to alter or change the grade of any street,
sidewalk, alley, or other public way, the Company, upon reasonable
notice by the City, shall remove, replace and .relocate its poles,
wires, cables, underground conduits, manholes and other fixtures
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at its own expense.
(d) Before any poles are placed in any public way by the Company,
they shall be approved and permitted by the City after payment of
the permit fee, and placed in such manner as not to interfere with
the usual traffic on such public way.
(e) The Company shall, on the request of any person holding a
building moving permit issued by the City, temporarily raise or
lower its wires to permit the moving of buildings. The expense of
such temporary removal or raising or lowering of wires shall be
paid by the person requesting the same, and the Company shall have
the authority to require such payment in advance. The Company
shall be given sufficient advance notice to arrange for such
temporary wire changes.
(f) The Company shall have authority to trim trees upon and
overhanging streets, alleys, sidewalks, easements and public ways
and places of the City so as to prevent the branches of such trees
from coming in contact with the wires and cables of the Company.
If the City Manager observes that the Company has failed to meet
its obligations herein and such failure continues for fifteen days
after receipt of written notice, then at the option of the City
Manager , such trimming may be done by the city or under its
supervision and direction at the expense of the Company.
(g) In any and all areas of the City where cables, wires or other
like facilities are required by the City Public Works Director to
be placed underground, the Company shall place its cables, wires
or other like facilities underground.
(h) Upon failure of a Company to satisfactorily complete any work
upon the public streets as may be required by law or the terms of
its franchise within the time prescribed, the city, at its option,
may cause such work to be done and the Company- shall pay the city
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the cost thereof within thirty (30) days after receipt of an
itemized report.
SECTION 17. Construction
(a) Company shall extend the installation of cables, amplifiers,
and related equipment throughout the franchise area as rapidly as
practicable to only those buildings which have contracted with
Company for services . At such time as the Miami Beach Housing
Authority requests CATV service to Hope and Rebecca Towers,
Company agrees within ninety (90) days of such request to provide
such service at Company ' s then prevailing rates.
(b) In the event the operation of any part of a cable television
system, excluding drops, is discontinued for a continuous period
of three months, or in the event such system has been installed in
any public street without complying with the requirements of the
grantee' s license, the Company shall promply, upon being given ten
days ' notice, remove from the streets or public places all such
property and poles of such system. Any property which the Company
allows to remain in place sixty days after having been notified by
the City that it must be removed shall be considered permanently
abandoned.
(c) Company shall file a map and progress report with the City
Manager at the close of each calendar year, showing the exact
areas of the City being served by the cable television system and
the location and identification of major component parts of the
system.
SECTION 18. Indemnity Bond.
(a) Concurrently with the acceptance of its franchise , Company
shall file with the City Manager , a bond with an acceptable surety
or other guarantee acceptable to the City Manager in the amount of
fifty thousand dollars to indemnify the City against any losses it
may suffer in the event the Company fails to. comply with one or
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more of the provisions of this franchise and to insure performance
by Company of the terms of this franchise, specifically including
the Service Standards which are set forth in §13 hereof. The bond
or guarantee shall be obtained at the sole expense of the Company
and remain in effect for the full term of the franchise or any
renewal thereof plus an additional twelve months thereafter . The
Company and its surety shall be jointly and severally liable under
the terms of the bond or guarantee for any damages or loss
suffered by the City as a result of the Company' s nonperformance,
including the full amount of any compensation, indemnification, or
cost of removal of any property of the Company in the event of
default, plus a reasonable allowance for attorneys ' fees and
costs, up to the full amount of the bond. The bond or
guarantee shall provide for thirty days ' prior written notice to
the City Commission of any intention on the part of the Company to
cancel, fail to renew, or otherwise materially alter its terms.
(b) Neither the filing of an indemnity bond or guarantee with the
City Manager, nor the receipt of any damages recovered by the City
Commission thereunder, shall be construed to excuse faithful
performance by the Company or limit the liability of the Company
under the terms of its franchise for damages, either to the full
amount of the bond or otherwise.
SECTION 19. City Rights in Franchise .
(a) The City shall have the right, during the life of this
franchise, to install and maintain free of charge upon any poles
and/or through conduits owned by the Company, wire and pole
fixtures necessary for a police and fire alarm system, on the
condition that such wire and pole fixtures do not interfere with
the CATV operations of the Company.
(b) At the expiration of the term for which this franchise is
granted, or upon its termination and cancellation, as provided
herein, the City shall have the right to require the Company to
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remove, at its own expense, all portions of the CATV system from
all public ways and property within the City.
SECTION 20 . Erection, Removal and Common User of Poles.
(a) No poles or other similar wire-holding structures shall be
erected by the Company without prior approval and permitting after
payment of the permit fee, by the Director of Public Works with
regard to location, height, type and any other pertinent aspect.
However , the Company shall not be vested with any interest as a
result of the location of any pole or similar wire-holding
structures of the Company and such poles or structures shall be
removed or modified by the Company at its own expense whenever the
Department of Public Works reasonably determines that the public
convenience would be enhanced thereby.
(b) Where poles or other wire-holding structures already existing
for use in serving the City are available for use by the Company,
but it does not make arrangements for such use, the Director of
Public Works may require the Company to use such poles and
structures if he determines that the public convenience would be
enhanced thereby and the terms of the use available to the Company
are just and reasonable .
SECTION 21. Payment of Fee and Penalties.
(a) The franchise fee assessed shall be payable quarterly, on a
calendar basis, to the City Finance Director ' s Office and the
Company shall file a complete and accurate, verified statement of
all gross revenues within the City during the period for which
said quarterly payment is made, and said payment shall be made to
the City not later than forty-five (45) days after the expiration
of the quarter when due. A Company shall file with the City
Manager , within ninety days after the expiration of its fiscal
year or portion thereof during which its license is in force, a
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statement certified by a certified public accountant, showing the
gross revenues, as defined herein, of the Company during the
preceding fiscal year or portion thereof. It shall be the duty
of the Company to pay the City within fifteen days after the time
for filing such statement, the sum prescribed above or any unpaid
balance thereof for the fiscal year covered by such statements .
An overpayment, if any, shall be credited toward the first quarter
payment of the succeeding fiscal year .
(b) The City shall have the right to inspect the Company' s income
records and the right to audit and to recompute any amounts
determined to be payable under this ordinance; provided, however ,
that such audit shall take place with thirty-six (36) months
following the close of each of the Company' s fiscal years. Any
additional amount due to the City as a result of the audit shall
be paid within thirty (30) days following written notice to the
Company by the City, which notice shall include a copy of the
audit report.
(c) The City shall bear the expense of any inspection or audit of
the Company ' s books.
(d) Company shall fully cooperate in making available at
reasonable times, and the City shall have the right to inspect the
books and income records applicable to the CATV system, at any
time during the normal business hours ; provided, however, where
volume and convenience necessitate, Company may require inspection
to take place on Company premises.
SECTION 22. Transfer of Ownership or Control. This franchise
shall be assignable or transferable, either in whole or in part
consistent with the ownership provisions contained in §533 of the
Cable Communications Policy Act of 1984 , and may be leased, sublet
or mortgaged in any manner provided the City is provided prior
notice in writing of such transfer of ownership. or control.
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SECTION 23 . Amendment of Franchise. No provision herein shall
be amended except in circumstances in which City finds a condition
exists constituting a danger to health, safety, property or
general welfare of the public. Any amendment which substantially
affects the rights of the Company hereunder must be with the
consent of the Company.
SECTION 24. Public Service Requirements. Company shall:
(a) Provide at least one service outlet to any municipal
facilities or public schools located within 200 feet of any
installation of Company at no cost to the city or school involved
and shall charge only its time and material costs for any
additional service outlets to such facilities.
(b) Make its facilities immediately available to the City upon
request during the course of any emergency or disaster.
(c) Build its facilites in such a way as to facilitate
interconnection with similar systems serving Dade and Broward
County for the purpose of providing educational and cultural
programming on a cost-sharing basis.
(d) Provide and maintain, without charge, at least one specially
designated channel for local government use.
SECTION 25. Termination of Franchise.
(a) In any event any franchise payment or recomputed amount is
not made on or before the applicable dates as specified, City
reserves the right to terminate the grant of franchise and all
rights and privileges of the Company hereunder. City shall give
Company written notice of such default and provide fifteen (15)
days within which to cure the default; thereafter, City may at any
time as long as the default continues terminate the franchise,
which shall be effective thirty (30) days after service of written
notice of termination.
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(b) In the event of default for any reason other than payment of
franchise fees, City shall provide Company written notice of
default and provide thirty (30) days within which to cure the
default; thereafter, City may at any time as long as the default
continues terminate the franchise, which shall be effective thirty
(30) days after service of written notice of termination.
SECTION 26. Interference with Cable Service Provided. No owner
of (1) any multiple-unit residential dwelling under common
ownership, control or management, or (2) a planned-unit
development, or the agent or representative or either, shall
unreasonably interfere with the right of any tenant or lawful
resident thereof to receive cable communication service, cable
installation, or maintenance from Company provided that such owner
has received just compensation resulting from any "taking" of
property arising out of this ordinance for which just compensation
is due under the Constitutions of the United States and the State
of Florida.
SECTION 27. Penalties and Charges to Tenants for Service
Prohibited. No owner of (1) any multiple-unit residential
dwelling, or (2) planned-unit development, or the agent or
representative of either shall penalize, charge or surcharge a
tenant or resident or forfeit or threaten any right of such tenant
or resident, or discriminate in any way against such tenant or
resident who requests or receives cable communication service from
Company.
SECTION 28. Reselling Service Prohibited . No person shall
resell, without the express written consent of the Company, any
cable service, program or signal transmitted by Company.
SECTION 29. Limitations on Access Prohibited. The Company shall
not prohibit or limit any program or class or type of program
presented over any channel made available for public access,
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educational access, government access, or leased access purposes.
SECTION 30 . Compliance with State and Federal Laws.
Notwithstanding any other provisions of this franchise to the
contrary, the Company shall at all times comply with all laws and
regulations of the State and Federal government or any
administrative agencies thereof . Provided, however , if any such
State or Federal law or regulation shall require the Company to
perform any service, or shall permit the Company to perform any
service, or shall prohibit the Company from performing any
service, in conflict with the terms of this franchise or of any
law or regulation of the City, then as soon as possible following
knowledge thereof, the Company shall notify the City Manager of
the point of conflict believed to exist between such regulation or
law and the laws or regulations of the City or this franchise. If
the Commission determines that a material provision of this
ordinance is affected by any subsequent action of the State or
Federal government, the Commission shall have the right to modify
any of the provisions herein to such reasonable extent as may be
necessary to carry out the full intent and purposes of this
agreement.
SECTION 32. REPEALER. All ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed, provided
that such repeal shall not affect the rights of any franchisee
granted a franchise prior to the effective date hereof.
SECTION 33. SEVERABILITY. If any article, section, subsection,
sentence, clause, phrase or portion of this ordinance is, for any
reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
SECTION 34. EFFECTIVE DATE. This ordinance shall become
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
effective 10 days after adoption on
February. 15 -, 1986.
PASSED and ADOPTED this 5th day of ' : uar
1986 .
,l p MAYOR
ATTEST: FORM APPROVL
LEGAL DEPT.
City Clerk
1st Reading - January 22, 1986
2nd Reading - February 5, 1986 Date / -?9 II
ACCEPTANCE
Company accepts and hereby agrees to be bound by all the terms and
conditions of this Franchise.
ALL-RITE SATELLITE, INC.
a Florida corporation
ATTEST:
By:
SE,CRETARY
Dated:
• fid' p-- , 1986
PNB/lsc/1-29-86/
•
-19-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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