Ordinance 2001-3289 ORDINANCE NO. 2001-3289
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, PROVIDING THE TERMS AND CONDITIONS
FOR THE OPERATION OF CABLE TELEVISION SYSTEMS
AND THE APPLICATION, PROCEDURES AND
REQUIREMENTS RELATING TO THE GRANT OF
FRANCHISES FOR THE CONSTRUCTION,INSTALLATION,
OPERATION AND MAINTENANCE OF CABLE
TELEVISION SYSTEMS,EQUIPMENT AND FACILITIES IN,
ON, ACROSS, ABOVE OR THAT IN ANY MANNER
WHATSOEVER USE THE CITY'S PUBLIC RIGHTS OF
WAYS AND TO ENSURE THAT USE OF THE CITY'S
PUBLIC RIGHTS OF WAY IS IN THE PUBLIC INTEREST
AND IN CONFORMANCE WITH APPLICABLE LAW;
PROVIDING FOR CONFLICTS;PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has under consideration the renewal of its existing
cable license agreement with Interlink Communications Partners, LLC d/b/a Charter
Communications, Inc.,pursuant to the Communications Act of 1934, as amended, 47 U.S.C. para.
521 et seq.; and
WHEREAS, the enactment of the Telecommunications Act of 1996, and recent judicial
precedent construing the scope of municipal regulatory authority over cable television franchises
granted in the jurisdiction,and applicable changes and developments in cable television technology
and services have resulted in a changed regulatory environment; and
WHEREAS, the City Commission deems it necessary to create this ordinance to take into
account the aforementioned changes and developments and to better ensure that the use of the City
Streets and/or rights-of-way by cable systems serves the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, THAT:
Section 1. Short Title.
This Ordinance shall be known and may be cited as City of Miami Beach, Florida Cable
Television Ordinance.
Section 2. Creation of Ordinance The City of Miami Beach, Florida, Cable
Television Ordinance is hereby created to read as follows:
Section 3. Definitions.
For the purpose of this Ordinance and any application made pursuant hereto,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 words"shall"and"will"are mandatory,and"ntay"is permissive. Words not otherwise defined
herein or in any franchise agreement that might be granted hereunder shall be given the meaning set
forth in the Communications Act off1934,47 U.S.C. § 521 et sem.,and the Telecommunications Act
of 1996,and as those Acts have and may hereinafter be amended(collectively the"Communications
Act"), and, if not defined therein, their common and ordinary meaning.
A. "Activated Channel" means those channels engineered at the headend of a cable
system for the provision of services generally available to residential subscribers of the cable system,
regardless of whether such services actually are provided, including any channel designated for
public,educational,or governmental use. Channels on which signals flow in the direction from the
headend to the subscriber are referred to as "downstream channels". Where the signal flows to the
headend for re-distribution, it shall be referred to as an "upstream channel".
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B. "Access Channel" means any channel on a cable system set aside without charge
by the cable operator for public, educational and/or local governmental use.
C. "Affiliate" means any person who owns or controls, is owned or controlled by, or
is under common ownership or control with a franchisee.
D. "Applicant"means any person submitting an application within the meaning of this
Ordinance.
E. "Application" means any proposal, submission or request to (1) operate a cable
system or open video system within the City;(2)construct and install a cable system within the City;
(3)transfer a franchise or control of the franchisee; (4)renew a franchise; (5)modify a franchise; or
(6) seek any other relief from the City pursuant to this Ordinance, a franchise agreement, the
Communications Act, or other applicable law. An application includes an applicant's initial
proposal, submission or request, as well as any and all subsequent amendments or supplements to
the proposal and relevant correspondence.
F. "Basic Cable Service" or Basic Service" means any service tier which includes the
retransmission of local television broadcast signals,and public,educational,or governmental access
channels.
G. "Business Day"or"Working Day"shall mean any Monday through Saturday,fifty-
two (52) weeks per year, except that such definition shall not include holidays.
H. "Communications Act" means the Communications Act of 1934,47 U.S.C. § 151
et seq., as that Act has and may hereinafter be amended.
I. "Cable Operator" means any person who operates or otherwise controls a cable
system within the City.
J. "Cable service" means (i) the one way transmission to subscribers of video
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programming,or other programming service;and(ii)subscriber interaction,if any,which is required
for the selection or use of such video programming or other programming services.
K. "Cable System," "Cable Television System," or "System," means any facility
consisting of a set of closed transmission paths and associated signal generation, reception and
control equipment that is designed to provide cable service which includes video programming and
which is provided to multiple subscribers within the City. Such term does not include(a) a facility
that serves only to retransmit the television signals of one(1)or more television broadcast stations;
(b)a facility that serves subscribers without using any public right of way;(c)a facility of a common
carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act
of 1934, 47 U.S.C. § 201 et seq., except that such facility will be considered a Cable System to the
extent it is used in the transmission of video programming directly to subscribers, unless the extent
of such use is solely to provide interactive on demand services; (d) an open video system that
complies with Section 653 of the Telecommunications Act of 1996; or (e) any facilities of any
electric utility used solely for operating its electric utility systems. Subject to applicable law, the
foregoing definition of"Cable System" shall not be deemed to circumscribe the valid authority of
the City to regulate the activities of any other communications system or provider of
communications services, including but not limited to cable modem, telephony and open video
systems.
L. "City" means the City of Miami Beach, a municipal corporation of the State of
Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged or
reincorporated form.
M. "City Manager" shall mean the chief executive officer of the City or his/her
designee.
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N. " Control of a Franchisee or Applicant" means possession of the ability to direct
or cause the direction of the management or policies of a Franchisee or Applicant, or the operation
of a Franchisee's system, whether through operational control in whatever manner exercised or
ownership of voting securities, by contract or understanding, or in any other manner.
O. "County" means Miami-Dade County, Florida.
P. "Fair Market Value" means the price that a willing buyer would pay to a willing
seller for a going concern but with no value allocated to the franchise itself.
Q. "FCC" means the Federal Communications Commission, or any successor
governmental entity thereto.
R. "Franchise" means the right granted by the City to a franchisee in a Franchise
Agreement to construct,maintain and operate a Cable System under,on,and over Streets,roads and
any other public ways, rights-of-way, or easements within all or specified areas of the City. The
term does not include any license or permit that may be required by this Ordinance or other laws,
ordinances or regulations of the City for the privilege of transacting and carrying on a business
within the City or for disturbing or carrying out any work on any Street.
S. "Franchise Agreement" means a contract entered into in accordance with the
provisions of this Ordinance between the City and a Franchisee that sets forth the terms and
conditions under which the Franchise will be exercised.
T. "Franchisee"means any person granted a Franchise pursuant to this Ordinance who
has entered into a Franchise Agreement with the City.
U. "Gross Revenues" means all revenues recognized in accordance with Generally
Accepted Accounting Procedures (GAAP) generated directly or indirectly by the Franchisee from
any source whatsoever arising from, attributable to,or in any way derived from the operation of the
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Cable System in the City to provide cable services. Gross revenues includes,but is not limited to,
fees charged subscribers for basic service; fees charged subscribers for any optional, premium,
per-channel or per-program service; fees charged subscribers for any tier of service other than basic
service;installation,disconnection,reconnection and change-in-service fees;late fees;leased access
fees; fees, payments or other consideration from programmers for carriage of programming on the
system (excluding marketing support provided for the launch of new services on the system to the
extent such funds are not considered revenue under GAAP);revenue from converter,remote,modem
or any other equipment rentals or sales;revenues from studio and studio equipment rental;revenues
from leases of cable or fiber optic lines or capacity and other transmission devices and equipment;
revenues from installation, service and content enhanced internet products and services including,
but not limited to, access, services and content enhanced services to the extent not prohibited by
applicable law; revenues from consumer products including but not limited to cable guides;
advertising revenues allocable to the City based on a percentage of subscriber base in the City
divided by the subscriber base of the system. Such percentage will then be multiplied by the
systems' total advertising revenue to determine the allocable gross revenue stemming from
advertising;revenues from home shopping channels or other sources allocable to the City,provided
that where certain home shopping channel or other such revenue is allocable to more than one
franchise area due to common zip codes, the Franchisee will allocate the percentage of revenue to
the City which is equivalent to the percentage of the City's population divided by the total cable
subscribers for the allocable franchise areas in question; and the sale, exchange or cablecast by the
Franchisee of any programming developed on or for access channels or institutional users. Unless
expressly prohibited by applicable law Gross Revenues shall include any revenue received through
any means which avoids payment of compensation that would otherwise be paid to the City by the
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Franchisee. Gross revenues shall be the basis for computing the franchise fee imposed pursuant to
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Section 10 hereof. Gross revenues shall not include any taxes on services furnished by the
Franchisee which are imposed upon any subscriber or user by the State, County, City or other
governmental unit and collected by the Franchisee on behalf of said governmental unit and which
the Franchisee passes on in full to the applicable tax authority or authorities. However,the Franchise
fee shall not be considered such a tax and shall be included within the definition of gross revenues
unless otherwise prohibited by applicable law. Notwithstanding anything to the contrary, gross
revenues shall not include bad debt, interest, returned check charges, and promotional payments
from programmers unless and until any or all of the above-listed items are included within the
definition of Gross Revenues used to calculate franchise fee payments to Miami-Dade County. At
such time as any revenue items not included herein are incorporated into the Gross Revenues
definition used by Miami-Dade County,or the definition used by any municipality in Miami-Dade
County wherein a franchise, its parents, subsidiariais or affiliate holds a cable television franchise
such items shall automatically be included in the definition of Gross Revenues herein without any
further action by the City.
V. "Institutional Network"means a voice,data and/or video communications network
or the equivalent thereto constructed and/or operated and/or maintained by the Franchisee for the
City,the transmissions on which are generally available only to,and intended to be sent and received
by, persons other than cable subscribers generally.
W. "Interconnection" means the electronic connection of two or more Cable Systems
for the purpose of sharing access channel programming or other services.
X. "Law" means all duly enacted and applicable federal, state, county and City laws,
ordinances, codes, rules, regulations and orders.
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Y. "Leased Access Channel" means a channel designated in accordance with Section
612 of the Communications Act, 47 U.S.C. § 532, for commercial use by persons unaffiliated with
the Franchisee.
Z. "Open Video System" A facility consisting of a set of transmission paths and
associated signal generation, reception and control equipment that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a
community,provided that the Commission has certified that such a system complies with applicable
FCC rules and regulations.
AA. "Overbuild" means a Cable System constructed to serve subscribers in an area of
the City served by an existing Cable System.
BB. "Person"means any individual,corporation,partnership,association and any lawful
trustee,successor,assignee,transferee or personal representative thereof,but shall not mean the City
unless applicable law so requires.
CC. "Service Tier" means a category of cable service provided by a Franchisee and for
which a separate charge is made by the Franchisee.
DD. "State of the Art" means that level of production facilities,technical performance,
capacity, equipment, components and service equal to that which has been developed and
demonstrated to be more modern than generally accepted and used in the cable industry for
comparable areas of equivalent population. The Cable System shall have, at minimum, the
capability of providing the channel capacity, products, services and technology available from a
Cable System or Multi Channel Video Delivery System controlled by a Franchisee or a parent,
subsidiary or affiliate of a Franchisee to any other community.
EE. "Street or Streets" means the surface, the air space above the surface and the area
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below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway,
thoroughfare,parkway,sidewalk,bridge,tunnel,park,waterway,dock,bulkhead,wharf,pier,court,
lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place,
including public utility easements dedicated for compatible uses,or any other property in which the
City holds any kind of property interest or over which the City exercises any type of lawful control,
and any temporary or permanent fixtures or improvements located thereon, as may be ordinarily
necessary and pertinent to construct and operate a cable system.
FF. "Subscriber"means any person who lawfully receives cable service delivered over
the Cable System with the Franchisee's express permission.
GG. "Subscriber Base"means the total number ofresidential and commercial subscribers
within the City. For purposes of calculating subscribers under bulk or multi-user contracts, the
Franchisee shall count each unit included within a contract for service as one subscriber. Franchisee
shall not use any equivalency measures including calculation based on market rate, except as
expressly required by applicable law.
HH. "System malfunction"means any Cable System equipment,facility or signal failure
or malfunction that results in the loss of satisfactory service on one or more channels to one or more
subscribers. A System malfunction is major if it affects twenty-five (25) or more subscribers, or a
multiple dwelling unit consisting of more than 25 or more units.
II. "Transfer of a Franchise"means any transaction in which(1)an ownership or other
interest in a Franchisee or its Cable System is transferred from one person or group of persons to
another person or group of persons so that control of a Franchisee is transferred; or (2) the rights
and/or obligations held by a Franchisee under a Franchise Agreement are transferred or assigned to
another person, group of persons or business entity. A transfer shall be considered pro-forma if the
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sale, assignment or transfer is to a Person owned or controlled by the Franchisee or any Person
which owns or controls Franchisee.
JJ. "Two-Way Capability" means the incorporation into a Cable System of all
appropriate design and engineering characteristics and features so that two-way interactive •
transmission, including but not limited to addressability, over the system can be implemented and
activated.
KK. "Video Channel or Channel" means a portion of the electromagnetic frequency
spectrum which is used in a Cable System and which is capable of delivering a television channel,
including the associated audio signal, as television channel is defined by the FCC by regulation or
otherwise.
Section 4. Intent and Purposes.
A. It is the intent of the City and the purpose of this Ordinance to promote the public
health,safety,and general welfare by providing an application procedure for the grant of one or more
Franchises for the operation and/or construction of a Cable System or Open Video System within
the City; to provide for the regulation to the extent permitted by applicable law, of each Cable
System within the City in the public interest; to provide for the payment of fees and other valuable
consideration by cable operators to the City for the use of Streets by its Cable System; to promote
the widespread availability of quality cable service to City residents and businesses, the City, and
other public institutions; to encourage the development of cable and other communications
technologies and Cable Systems as a means of communication between and among members of the
public, City businesses, the City, and other public institutions; to promote competitive cable rates
and services; to promote the safe and efficient use of City Streets; to enhance and maximize the
communicative potential of Streets used by Cable Systems; and to encourage the provision of a
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diversity of information sources to City residents, businesses, the community, the City, and other
public institutions by cable technology.
B. Recognizing the continuing development of communications technology and uses,
it is the policy of the City to encourage competition, experimentation and innovation in the •
development of Cable System uses, services, programming and techniques that will be of general
benefit to the community to the extent consistent with applicable laws.
Section 5. Grant of Authority; Franchise Required.
A. The City may grant one or more Franchises in accordance with this Ordinance.
B. No person may operate or construct a Cable System or any other communications
transmission facilities over, on, or under public streets in the City without a Franchise granted by
the City unless otherwise expressly authorized by law, and no person may be granted a Franchise
without having entered into a Franchise Agreement with the City pursuant to this Ordinance unless
the City is expressly prohibited by applicable law from exercising such authority.
C. Unless otherwise authorized by law,any Franchise granted pursuant to this Ordinance
is solely for the provision of Cable Service and shall not be construed to authorize the provision of
telephone, non-cable video or other telecommunications service. However, any person including
but not limited to a Franchisee shall, unless otherwise prohibited by applicable law, submit an
application to the City for the privilege of providing other communications or telecommunications
services including, but not limited to telephone service and/or non-cable video programming
services.
Section 6. Franchise Characteristics.
A. A Franchise authorizes use of City Streets for installing cables, wires, lines, optical
fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary
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and pertinent to operate a Cable System within a specified area of the City,but does not expressly
or implicitly authorize the Franchisee to provide service to, or install cables, wires, lines,
underground conduit, or any other equipment or facilities upon private property without owner
consent (except for use of compatible easements pursuant to Section 621 of the Communications
Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned conduits without a separate
agreement with the owners.
B. A Franchise is nonexclusive, and will not expressly or implicitly preclude the
issuance of other Franchises to operate Cable Systems within the City, or affect the City's right to
authorize use of City Streets to other persons to operate cable systems or for other purposes as it
determines appropriate.
C. The City reserves the right to reasonably designate where a Franchisee's facilities are
to be placed within the Streets.
D. A Franchise shall be a privilege which is in the public trust. No transfer of a
Franchise shall occur without the prior written consent of the City and unless application is made
by the Franchisee and City approval obtained pursuant to this Ordinance and applicable Federal law.
E. A Franchise granted to an applicant pursuant to an application submitted pursuant this
Ordinance to construct,operate and maintain a cable television system within a specified Franchise
territory, shall be deemed to constitute both a right and an obligation on the part of the Franchisee
to provide the services and facilities of a cable television system as required by the provisions of this
Ordinance,of the City of Miami Beach,and the Franchise. All relevant representations made by the
Franchisee in its application and/or public hearings before the City Commission shall be deemed to
be material and made for the purpose of inducing the City to grant the Franchise in the form
accepted.
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F. Notwithstanding anything to the contrary, in the event that Franchisee, its parent,
affiliate or subsidiary elects to offer to subscribers video programming services through any means
or method not included within the definition of a Cable System, including but not limited to an
"open video system", Franchisee shall remain subject to all terms and conditions of the cable
television Franchise granted by the City.
Section 7. Subject to Other Laws, Police Power.
A. Any person operating a cable system in the City shall, at all times,be subject to and
shall comply with all applicable Federal,state,county and local laws,rules and regulations,and shall
at all times be subject to all lawful exercise of the police power of the City.
B. Subject to applicable law, except as may be specifically provided in this Ordinance
or under the terms of a Franchise Agreement and subject to the Communications Act, the failure of
the City, upon one or more occasions, to exercise a right or to require compliance or performance
under this Ordinance,a Franchise Agreement or a license granted by the County shall not be deemed
to constitute a waiver of such right or a waiver of compliance or performance.
Section 8. Interpretation of Franchise Terms; Conflicts.
A. The provisions of this Ordinance shall apply to a Franchise Agreement as if fully set
forth in the Franchise Agreement, and the express terms of this Ordinance will prevail over
conflicting or inconsistent provisions in a Franchise Agreement unless such Franchise Agreement
expresses an explicit intent to waive a requirement of this Ordinance.
B. Except as to matters which are governed by Federal law or regulation, a Franchise
Agreement will be governed by and construed in accordance with the laws of the State of Florida.
C. If any part, section, subsection of other portion of this Ordinance conflicts or
subsequently comes into conflict with any Federal,state,county or local law,the prevailing law will
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apply, to the extent expressly required by applicable law.
Section 9. Applications for Grant,Renewal,Modification or Transfer of Franchise.
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A. A written application shall be filed with the City for(a)grant of a new Franchise;(b)
renewal of a Franchise in accordance with Section 626 of the Communications Act,47 U.S.C. 546,
as the same may be amended from time to time; (c) modification of a Franchise Agreement; (d)
transfer of a Franchise;or(e)any other relief from the city pursuant to this Ordinance or a Franchise
Agreement.
B. To be acceptable for filing, a signed original of the application shall be submitted
together with five(5)copies,be accompanied by the required non-refundable application filing fee
in the amount specifically in Subsection 9J hereof, conform to any application forms, applicable
requests for proposals, and contain all reasonably required information. The purpose of the filing
fee is to defray a portion of the City's cost in processing an application. The filing fee is therefore
intended to be a charge incidental to the awarding or enforcing of a Franchise within the meaning
of Section 622(g)(2) (D) of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be
deducted from the franchise fee imposed in a Franchise Agreement. All applications shall include
the names and addresses of persons authorized to act on behalf of the applicant with respect to the
application.
C. All applications accepted for filing shall be made available by the City for public
inspection.
D. An application for the grant of a Franchise shall be submitted by any person desirous
of operating a cable system or an open video system in the City notwithstanding whether any such
person is operating a system pursuant to a County license on the effective date hereof.
E. An application for the grant of a new Franchise may be filed pursuant to a request for
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proposals issued by the City or on an unsolicited basis. The City, upon receipt of an unsolicited
application, may in its sole and absolute discretion issue a request for proposals. If the City elects
to issue a request for proposals upon receipt of an unsolicited application,the applicant may submit
an amended application in response to the request for proposals, or may inform the City that its •
unsolicited application should be considered in response to the request for proposals, or may
withdraw its unsolicited application. An application which does not conform to the reasonable
requirements of a request for proposals may be considered non-responsive and denied on that basis.
F. An application for the grant of an initial Franchise, a renewal or a transfer shall
contain, at minimum, the following information:
1. Name and address of the applicant and identification of the ownership and
control of the applicant, including: the names and addresses of all persons with five percent (5%)
or more ownership interest in the applicant, including the names and addresses of parents or
subsidiaries holding such ownership interests directly or indirectly; the persons who control the
applicant; all officers and directors of the applicant; and any other Cable System ownership or other
or telecommunication communication company ownership (including but not limited to non-cable
video, telephony, interne access and wireless) interest of each named person;
2. An indication of whether the applicant, or any person controlling the
applicant, or any officer, or director or person with five percent(5%)or more ownership interest in
the applicant,has been adjudged bankrupt,had a cable Franchise or license revoked, or been found
by any court or administrative agency to have violated a security or antitrust law, or to have
committed a felony, or any crime involving moral turpitude; and, if so, identification of any such
person and a full explanation of the circumstances;
3. A demonstration of the applicant's technical, legal and financial ability to
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construct and/or operate the proposed Cable System, including identification of key personnel
responsible for the proposed Cable System;
4. Copies of all Federal,state,county and city licenses,permits and registrations
in regard to any part of the applicant's facilities located in the City.
5. A statement prepared by a certified public accountant or duly authorized
financial officer of the applicant regarding the applicant's financial ability to complete the
construction of and/or to operate the Cable System proposed;
6. A description of the applicant's prior experience in Cable System ownership,
construction and operation, and identification of communities in which the applicant or any person
controlling the applicant or having more than a five percent(5%)ownership interest in the applicant
has or has had, a Franchise or license or any interest therein;
7. A description of any and all pending Federal and State litigation, whether
judicial or administrative,that in any manner relates to the operation of a cable television system or
the provision of a cable television service or other video or telecommunications service to which the
applicant is currently a party;
8. Identification of the area of the City to be served by the proposed Cable
System, including a description of the service area's boundaries and all locations identified with
specificity where service shall be/may not be available;
9. A description of the physical facilities proposed,including channel capacity,
performance characteristics, headend, and access facilities; upon request, the applicant shall make
information on technical design available for inspection;
10. Where applicable, a description of the construction of the proposed system,
including an estimate of plant mileage and its location, the proposed construction schedule, a
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description, where appropriate, of how services will be converted from existing facilities to new
facilities, and information on the availability of space in conduits including,where appropriate, an
estimate of the cost of any necessary rearrangement of existing facilities;
11. If applicant is currently operating a Cable System within the City, a •
description of the existing System and capacity and the operator's plans to upgrade the system.
12. If applicant or applicant's parent, or any subsidiary or affiliate of applicant
is currently operating a SMATV or open video system within the City, a list of all such locations;
13. For informational purposes, the proposed rate structure, including projected
charges for each service tier,installation,converters,high speed internet access,telephony and other
equipment or services, and the applicant's ownership interest in any proposed program services to
be delivered over the Cable System;
14. Upon written request, a schedule and description of Franchisee's contracts
with any and all residential and or commercial complexes including but not limited to
condominiums, homeowner's associations and apartment buildings.
15. A demonstration of how the applicant's proposal will reasonably meet the
future cable-related needs and interests of the community, including a description of how the
proposal will meet the needs described in any recent community needs assessment conducted by or
for the City;
16. A description of any non-cable telecommunications services offered or
proposed to be offered by the applicant or its parent, affiliate or subsidiary and Franchisee's plan
with respect to the availability of such services to subscribers in the City. Upon written request a
schedule and description of Franchisee's contracts with content providers or resellers of such
services.
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17. Pro forma financial projections for the first five (5) years of the Franchise
term, including a statement of projected income, and a schedule of planned capital additions,with
all significant assumptions explained in notes or supporting schedules;
18. If an applicant proposed to provide cable service to an area already served by
an existing cable operator, OVS operator or SMATV, the identification of the area where the
overbuild would occur, the potential subscriber density in the area which would encompass the
Overbuild, and the ability of the Streets to accommodate an additional system;
19. Any other information as may be reasonably necessary to demonstrate
• compliance with the requirements of this Ordinance and information that the City may request of
the applicant that is relevant to the City's consideration of the application; and
20. An affidavit or declaration of the applicant or authorized officer certifying the
truth and accuracy of the information in the application, acknowledging the enforceability of
application commitments, and certifying that the proposal meets all Federal and state law
requirements.
21. A Public Entity Crime Affidavit prepared in accordance with Section 287.133,
Florida Statutes.
G. An application for modification of a Franchise Agreement shall include,at minimum,
the following information:
1. The specific modification requested;
2. The justification for the requested modification, including the impact of the
requested modification on subscribers and others, and the financial impact on the applicant if the
modification is approved or disapproved;
3. A statement whether the modification is sought pursuant to Section 625 of the
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Communications Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification
meets the standards set forth in 47 U.S.C. § 545.
4. Any other reasonable information necessary for the City to make an informed
determination on the application for modification; and
• 5. An affidavit or declaration of the applicant or authorized officer certifying the
truth and accuracy of the information in the application, and certifying that the application is
consistent with all Federal and state law requirements.
H. An application for renewal of a Franchise shall comply with the requirements of
Section 22 hereof.
I. An application for approval of a transfer of a Franchise shall comply with the
requirements of Section 23 hereof.
J. To be acceptable for filing,an application shall be accompanied by a non-refundable
filing fee in the following amount, as appropriate: e
1) For a new or initial Franchise: $25,000
2) For renewal of a Franchise: $20,000
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3) For a transfer of a Franchise (other than
a pro forma transfer): $7,500
4) For a pro forma transfer of a Franchise: $2,500
5) For modification of a Franchise
agreement pursuant to 47 U.S.C.§545: $2,500
6) For any other relief: $1,000
The purpose of the filing fee is to defray a portion of the City's cost in processing an
application. The filing fee is therefore intended to be a charge incidental to the awarding or
enforcing of a Franchise within the meaning of Section 622(g)(2)(D) of the Communications Act,
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47 U.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise fee imposed in a Franchise
Agreement.
Section 10. Grant of Franchise.
A. In evaluating an application for a Franchise, City shall consider among other things
the following factors:
1. The economic impact upon private property within the Franchise area;
2. Public need for such Franchise, if any;
3. The capacity of public rights of way to accommodate the Cable System;
4. The present and future use of the public's rights of way to be used by the
Cable System;
5. The potential disruption to existing users of the public's rights of way to be
used by the Cable System and the resulting inconvenience which may occur to the public;
6. The legal,technical and financial ability of the Franchise applicant to perform;
7. Other societal interests as are generally considered in cable television
franchising; and
8. Such other additional matters, both procedural and substantive, as the City
may in its sole and absolute discretion determine to be relevant, including but not limited to the
extent to which the proposal of the applicant will meet the anticipated cable related needs and
interests of the community and serve the public interest. Evaluation by the City shall not be based
on the content of the programming the applicant proposes to provide.
B. The City may grant a Franchise for a period not to exceed ten (10) years.
C. The City may make the grant of a Franchise conditioned upon the completion of
construction within a reasonably prescribed time or upon the performance and fulfillment of specific
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terms, which are to be set forth in the Franchise Agreement specifying that failure to comply with
the conditions will cause the Franchise to become null and void without further action by the City.
D. Following at least ten (10) days notice to the Applicant, the City shall hold a public
hearing to consider an Application or Applications. The Applicant(s)shall be notified of the hearing
and shall be given an opportunity to be heard. Based upon the Application(s), the testimony
presented at the public hearing, any recommendations of the City Manager or staff, and any other
information relevant to the Application(s), the City shall decide by Resolution whether to grant or
deny a Franchise Application(s) and decide the terms and conditions of any Franchise(s) granted.
E. If the City grants a Franchise,the Franchisee shall file an acceptance of the Franchise
accompanied by any and all payments due no later than the date of the Resolution granting the
Franchise. Any and all bonds, certificates of insurance or other obligations as required in a
Franchise Agreement shall be filed within thirty (30) calendar days from the date of the City
Resolution approving the Franchise Agreement. This period may be extended for good cause by the
City. If said obligations are not filed with the City within thirty(30)calendar days from the date of
the City Resolution, or if the period is not extended by the City,the Franchise grant will be null and
void without further action by the City. The City may, at its option, grant Franchisee a short-term
extension(s). The grant of such a short term extension(s) will not confer on Franchisee the right to
an automatic acceptance, transfer, modification or renewal or any other right not expressly
incorporated as a term of the extension.
F. The grant, renewal, modification, or transfer of a Franchise may be subject to a
processing fee in an amount not to exceed the reasonable and justifiable out-of-pocket costs incurred
by the City in considering the application, including but not limited to consulting, advertising and
legal costs and fees, less the amount of the filing fee set pursuant to Section 9. Five Days prior to
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the date of the Commission Meeting at which the Resolution approving or denying the Franchise
Agreement is scheduled to be considered, the City shall notify the Franchisee of the estimated
amount of any processing fee and its method of calculation. This processing fee is intended to be
a charge incidental to the awarding or enforcing of a Franchise within the meaning of Section 622
(g)(2)(D)of the Cable Act,47 U.S.C. § 542 (g)(2)(D), and may not be deducted from the Franchise
fee imposed in a Franchise Agreement and shall not be passed through to subscribers.
Section 11. Insurance; Surety; Indemnification.
A. A Franchisee shall maintain,and by its acceptance ofthe Franchise specifically agrees
that it will maintain,throughout the entire term of the Franchise including any renewals thereof,the
following liability insurance coverage insuring the Franchisee and naming the City as an additional
insured:worker's compensation and employer liability insurance to meet all requirements of Florida
State law and general comprehensive liability insurance with respect to the construction, operation
and maintenance of the Cable System, and the conduct of Franchisee's business in the City, in the
minimum amounts of:
1. $500,000 for property damage in any one accident;
2. $500,000 for personal bodily injury to any one person; and
3. $1,000,000 for personal bodily injury in any one accident.
B. All insurance policies shall be with sureties qualified to do business in the State of
Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide,
Property/Casualty Edition. The City may require coverage and amounts in excess of the above
minimum where necessary to reflect changing liability exposure and limits or where required by law.
C. A Franchisee shall keep on file with the City certificates of insurance which
certificates shall indicate evidence of payment of the required premiums and shall indicate that the
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City,its Commission members,officers,boards,commission,commissioners,agents and employees
are listed as additional insureds. In the event of a potential claim such that the City claims insurance
coverage, Franchisee shall immediately respond to all reasonable requests by the City for
information with respect to the scope of the insurance coverage.
D. All insurance policies shall name the City, as an additional insured and shall further
provide that any cancellation or reduction in coverage shall not be effective unless thirty(30) days
prior written notice thereof has been given to the City. A Franchisee shall not cancel any required
insurance policy without submission of proof that the Franchisee has obtained alternative insurance
satisfactory to the City which complies with this Ordinance.
E. A Franchisee shall,at its sole cost and expense,indemnify,hold harmless,and defend
the City,its officials,boards,commissions,commissioners,agents,and employees,against any and
all claims, suits,causes of action,proceedings,judgments for damages or equitable relief,and costs
and expenses arising out of the construction, maintenance or operation of its Cable System, the
conduct of Franchisee's business in the City,regardless of whether the act or omission complained
of is authorized, allowed or prohibited by this Ordinance or a Franchise Agreement, provided,
however, that Franchisee's obligation hereunder shall not extend to any claims caused by the
misconduct or sole gross negligence of the City, its officials,boards,commissions,commissioners,
agents,or employees. This provision includes,but is not limited to,the City's reasonable attorneys'
fees incurred in defending against any such claim, suit or proceedings; and claims arising out of
copyright infringements or a failure by the Franchisee to secure consents from the owners,
authorized distributors,or providers of programs to be delivered by the Cable System,claims arising
out of Section 638 of the Communications Act, 47 U.S.C. 558, and claims against the Franchisee
for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation
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or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other
right of any person, firm or corporation. Notwithstanding the foregoing, Franchisee may select
counsel to represent the City, subject to the approval of the City, which approval shall not be
unreasonably withheld or denied. City agrees to notify Franchisee, in writing,within ten(10)days •
of City receiving notice, of any issue it determines may require indemnification. Nothing in this
section shall prohibit the City from participating in the defense of any litigation by its own counsel
if in the City's reasonable belief there exists or may exist a conflict,potential conflict or appearance
of a conflict.
Section 12. Security Fund/Corporate Guarantee.
A. A Franchise Agreement may provide that,prior to the Franchise becoming effective,
the Franchisee shall post with the City a cash security deposit or in the alternative at the City's
discretion a bond, letter of credit,or corporate guarantee in a form acceptable to the City to be used
as a security fund to ensure the Franchisee's faithful performance of and compliance with all
provisions of this Ordinance, the Franchise Agreement, and other applicable law, and compliance
with all orders,permits and directions of the City,and the payment by the Franchisee of any claims,
liens,fees,or taxes due the City which arise by reason of the construction,operation or maintenance
of the system. The amount of the security fund or corporate guarantee shall be the amount that the
City determines, under circumstances existing at the time,that is necessary to protect the public,to
provide adequate incentive to the Franchisee to comply with this Ordinance and the Franchise
Agreement, and to enable the City to effectively enforce compliance therewith. The Franchise
Agreement shall provide for the procedures to be followed with respect to the security fund or
corporate guarantee.
B. Any bond or letter of credit shall be obtained at the sole expense of the Franchisee
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and shall be renewed for the full term of the Franchise plus an additional twelve (12) months
thereafter. The Franchisee and its surety shall be jointly and severally liable under the terms of the
bond or letter of credit for any damages or loss suffered by the City as a result of the Franchisee's
nonperformance,including the full amount of any compensation,indemnification or cost of removal
of any property of the Franchisee in the event of default, a reasonable allowance for attorneys' fees
and costs, up to the full amount of the bond or letter of credit. The bond or letter of credit shall
provide for thirty (30) days' prior written notice to the City of any intention on the part of the
Franchisee to cancel, fail to renew, or otherwise materially alter its terms. Neither the filing of an
indemnity bond or letter of credit with the City,nor the receipt of any damages recovered by the City
thereunder,shall be construed to excuse faithful performance by the Franchisee or limit the liability
of the Franchisee under the terms of its franchise for damages, either to the full amount of the bond
or otherwise.
C. The rights reserved to the City with respect to the security fund or an indemnity bond
or letter of credit are in addition to all other rights of the City, whether reserved by this Ordinance
or authorized by other law or the Franchise Agreement, and no action, proceeding or exercise of a
right with respect to such security fund or indemnity bond or letter of credit will affect any other
right the City may have.
Section 13. Construction Bond.
A. A Franchise Agreement may provide that, prior to any Cable System construction,
upgrade, rebuild or other significant work in the Streets a Franchisee shall establish in the City's
favor a construction bond in an amount specified in the Franchise Agreement or other authorization
as necessary to ensure the Franchisee's faithful performance of the construction, upgrade, rebuild
or other work.
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B. In the event a Franchisee subject to such a construction bond fails to complete the
Cable System construction, upgrade or other work in the Streets in a safe, timely and competent
manner in accord with the provisions of the Franchise Agreement,there shall be recoverable,jointly
and severally from the principal and surety of the bond, any damages or loss suffered by the City as
a result, including the full amount of any compensation, indemnification or cost of removal or
abandonment of any property of the Franchisee, or the cost of completing or repairing the system
construction, upgrade or other work in the Streets, plus a reasonable allowance for attorneys' fees,
up to the full amount of the bond. The City may also recover against the bond any amount
recoverable against the security fund pursuant to Section 12 hereof where such amount exceeds that
available under the security fund.
C. The Franchise Agreement may specify that upon completion of the system
construction, upgrade, rebuild or other work in the Streets and payment of all construction
obligations of the Cable System to the satisfaction of the City, the City may eliminate the bond or
reduce its amount. However,the City may subsequently require an increase in the bond amount for
any subsequent construction, upgrade, rebuild or other work in the Streets.
D. The construction bond shall be issued by a surety having a minimum rating of A-1
in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City
Attorney; and shall provide that:
"This bond may not be canceled, or allowed to lapse, until sixty(60)
days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent to
cancel or not to renew."
E. The rights reserved by the City with respect to any construction bond established
pursuant to this section are in addition to all other rights and remedies the City may have under this
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Ordinance, a Franchise Agreement, or at law or equity.
Section 14. Minimum Facilities and Services.
A. The following minimum requirements for facilities and services shall apply to all
Franchises granted by the City. The City may require in a Franchise Agreement that a Franchisee
exceed these minimum requirements where it determines,under circumstances existing at the time
of the application, that the additional requirements are reasonable to meet the City's future cable
related needs and interests or to serve the public interest. Notwithstanding anything to the contrary,
a Franchisee shall make available facilities, services, products, benefits, and a level of technology
to all subscribers in the City no less than that offered by the Franchisee, its parent, affiliate, or
subsidiary to any community in the state of Florida within six months of such facility, service,
product, benefit or technology becoming available .
1. Any Cable System that commences construction, including but not limited
to initial construction, rebuild, upgrade or reconstruction after the effective date of this Ordinance
shall have a minimum capacity of at least 750 MHZ providing no less than seventy eight(78)video
channels available for immediate-use. A Franchise Agreement may provide for a larger minimum
channel capacity requirement.
2. The City shall require in a Franchise Agreement that a Franchisee provide
Access Channels, facilities and other support for public, educational and/or governmental use.
3. Cable System shall provide leased Access Channels as required by Federal
law.
4. A Franchisee shall,upon request,provide at least one cable television service
outlet to each and every floor of all municipal facilities and all public schools (K-12) within its
Franchise area that are passed by its Cable System at no cost to the City or schools involved, and
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shall charge no more than its time and material costs for any additional service outlets to such
facilities.
5. A Franchisee, upon request, shall provide cable modem and cable
modem/internet service to municipal facilities and public schools(K-12). Cable modem installation,
equipment and service shall be provided at a charge no greater than Franchisee's direct costs.
6. A Franchisee shall, upon request, provide all facilities, equipment, cabling,
personnel and such other support as may be required to allow cablecasting of programming and live
cablecasting from the City Commission Chambers or such other location as may be set forth in the
Franchise Agreement.
7. A Franchisee shall design its system to allow the City or other appropriate
government body, to interrupt cable service in an emergency to deliver necessary information to
subscribers.
8. A Franchisee shall make a*ailable to its subscribers equipment capable of
decoding closed circuit captioning information for the hearing impaired. A Franchisee may impose
a reasonable charge for such equipment.
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9. Standard installation shall consist of a drop,not exceeding one hundred twenty
five(125)feet from the cable plant to the nearest part of a subscriber's residence. Residential drops
in excess of one hundred twenty five (125) feet may be charged according to the Franchisee's rate
schedule.
B. Unless a Franchise Agreement provides otherwise,the City may require a Franchisee
to make cable service available to every dwelling and every building within the Franchise service
area or the Franchisee's designated services area as defined in a Franchise Agreement, unless
prohibited by a private property owner from doing so.
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•
C. Consistent with applicable federal and state law including, but not limited to, rules
and regulations of the FCC and PSC,a Franchisee shall make service available to persons requesting
service in multi-tenant structures or, in the alternative allow subscribers to discontinue service and
exercise their lawful interest over equipment and wiring.
D. Applications for an initial or renewed Franchise or an application to transfer a
Franchise shall include a proposal for the interconnection of Franchisee's system to any or all other
Cable Systems operating within the City and any Cable Systems operating within Miami-Dade
County carrying county and state government or education programming.
E. Internet Access When one of the following conditions precedent is met,Franchisee
shall provide non-discriminatory access to its cable modem platform by requesting Internet service
providers, irrespective of whether such providers are affiliated with the Franchisee.
i. Franchisee or any Affiliated Entity provides or agrees to provide access to its
Broadband platform to one or more unaffiliated Internet service provider(s) in any of its cable
systems;
ii. Upon entry of an order of the FCC imposing a requirement on a cable operator
or any of its affiliated entities to provide access to its broadband Internet access transport services
to one or more unaffiliated Internet service provider(s) in any of its cable systems;
iii. Upon entry of a final judgment of a decision in federal court upholding the
imposition of a requirement on a cable operator or any of its affiliated entities to provide access to
its broadband Internet access transport services to one or more unaffiliated Internet service
provider(s) in any of its cable systems.
Section 15. Technical Standards.
A. Any Cable System within the City shall at minimum meet the technical standards of
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the FCC or other applicable Federal or state technical standards, including any such standards as
hereinafter may be amended or adopted including but not limited to digital transmission,HDTV or
other advanced technologies. All television signals transmitted on a Cable System shall include any
closed circuit captioning information for the hearing impaired. Antennas,supporting structures,and
outside plants used in the system shall be designed to comply with all generally accepted industry
practices and standards and with all Federal, state, county, and City laws, ordinances, rules and
regulations.
B. All construction, installation and maintenance shall comply with the National
Electrical Safety Code, the National Electric Code, the South Florida Building Code, and all laws
and accepted industry practices, and as hereinafter may be amended or changed.
C. As required by FCC rules, the Franchisee shall perform at its expense proof of
performance tests designed to demonstrate compliance with FCC requirements. The Franchisee shall
provide,upon written request,the proof of performance test results to the City within thirty(30)days
after completion. The City shall have the right to inspect the Cable System facilities during and after
their construction to ensure compliance with the requirements of the Franchise Agreement, this
Ordinance and FCC standards.
D. The City may require any other tests as specified in a Franchise Agreement or
applicable law or regulation,to be performed at the expense of the Franchisee. The Franchisee shall
provide the test results to the City within thirty(30)days of completion of the proof of performance
or other tests.
E. The Franchisee shall provide the City ten (10) days advance written notice when a
proof of performance test required in subsections (C) and (D) above is scheduled so that the City
may have an observer present.
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F. A Franchisee shall not design, install or operate its facilities in a manner that will
interfere with the signals of any broadcast station, the facilities of any public utility, the Cable
System of another Franchisee,or individual or master antennas used for receiving television or other
broadcast signals.
G. In any Franchise granted pursuant to this Ordinance, the City shall require a
Franchisee to agree to maintain that level of technology to satisfy the state of the art as defined in
Section 2(CC)herein.
H. Franchisee shall provide Access Channels, equipment and facilities, and financial
support or the equivalent thereof as determined by the City in accordance with Sections 14, 15, and
16, as well as such other benefits and services as agreed to in a Franchise Agreement.
Section 16. Public, Education and Government Support.
A. It is the purpose and intent of the City to require that all Franchisees provide Access
Channels, facilities, equipment and support sufficient to meet the community's needs and interests
with respect to public, education and government activities.
B. A Franchisee shall provide, at the request of the City, cable television services
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including installation, basic cable service expanded basic service at no charge and cable/modem
interne access at no more than cost to all municipal facilities and schools(K-12) within the City.
C. A Franchisee shall provide,at the request of the City and as designated in a Franchise
Agreement,Access Channels to be allocated to education and government use at the sole discretion
of the City.
D. During the term of a Franchise, a Franchisee shall provide at the request of the City
and as designated in a Franchise Agreement, such equipment,facilities and technical support as the
City Commission may determine is useful for the production and cablecasting of programming on
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the education and government channels. Applications for an initial or renewed Franchise shall
include a proposal to provide such support.
E. A Franchisee shall provide facility and channel capacity sufficient for live and repeat
cablecasting of all City Commission meetings,and such City Board and Committee meetings as the
City shall determine, to all subscribers within the City.
F. At the request of the City and as designated in a Franchise Agreement, a Franchisee
shall provide the City with a dedicated I-NET, or such equivalent communications system or other
PEG support as may be designated in a Franchise Agreement for the exclusive use of the City.
G. A Franchise may provide for a financial grant in lieu of or in addition to some or all
of the facilities, equipment, and services referenced in this Section 16.
H. A Franchisee shall agree that the facilities, equipment,monetary grant, and all other
support to be provided by Franchisee pursuant to this Section 16 constitute capital costs which are
required by the Franchise to be incurred by Franchisee for public,educational,or government access
facilities within the meaning of Section 622(g)(2)(C) of the Cable Act, 47 U.S.C. § 542(g)(2)(C);
that such grant does not constitute a Franchise fee or tax within the meaning of Cable Act, state law,
this Ordinance or any Franchise Agreement.
Section 17. Franchise Fee.
A. A Franchisee, as compensation for the privilege of the use of the City's Streets to
construct and/or operate a Cable System, shall pay to the City a Franchise fee in an amount up to a
maximum of either (1) five percent (5%) of the Franchisee's Gross Revenues derived directly or
indirectly from the operation of its cable system within the City during the term of its Franchise less
only that amount due to Miami-Dade County; or(2) in the event the Communications Act or other
applicable law is amended to permit the City to assess a Franchise fee of a greater amount than that
32
specified in(1)above, the Franchise agrees to pay to the City the new amount after a public hearing
in which the public and Franchisee are given an opportunity to comment on the impact of the higher
fee. Moreover, Franchisee shall conclude an agreement with respect to any fee increase with the
City no later than it concludes a agreement with Miami-Dade County.
B. Franchisee's payment of the Franchise fee to the City shall be reduced only by that
amount the Franchisee is expressly required by applicable law to pay to Miami-Dade County.
C. A Franchisee shall pay the Franchise fee due to the City on a monthly basis. Payment
for each month shall be made to the City not later than twenty (20) calendar days after the end of
each calendar month.
D. A Franchisee shall file with the City,on a quarterly basis,a financial statement setting
forth the computation of gross revenues used to calculate the Franchise fee for each of the three
months of the preceding quarter and a detailed explanation of the method of computation. The
statement shall be certified by a certified public accountant or the Franchisee's chief financial or
other duly authorized officer. The Franchisee will bear the cost of the preparation of such financial
statements.
E. Subject to applicable law, no acceptance by the City of any Franchise fee payment
shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such
acceptance of payment be construed as a release of any claim the City may have for additional sums
payable.
F. The Franchise fee payment is not a payment in lieu of any other tax,fee or assessment
due to the City or any other governmental entity.
G. The City may, from time to time, but not more frequently than once per year, and
upon reasonable notice, inspect, copy and audit any and all books and records of the Franchisee
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relevant to the determination of gross revenues and the computation of Franchise fees due,and may
recompute any amounts determined to be payable under the Franchise. The cost of the audit will be
borne by the Franchisee if, as a result of the audit, the City determines that the Franchisee has
underpaid the Franchise fees owed in an amount equal to or exceeding two and a halfpercent(2.5%)
of the franchise fees actually paid. A Franchisee shall make all books and records necessary to
satisfactorily perform the audit readily available to the auditors in Miami-Dade County, for
inspection and copying or in the alternative, Franchisee shall pay all costs incurred by the City for
performance of the audit or any part thereof at a location outside of Miami-Dade County.
H. In the event that a Franchise fee payment is not received by the City on or before the
due date set forth in subsection B above,or is underpaid,the Franchisee will pay a late charge equal
to the lesser of eighteen (18%) percent or the highest percentage allowed by law annually of the
amount of the unpaid or underpaid Franchise fee payment. Such late charge shall not constitute a
Franchise fee of tax within the meaning of the Cable Act, state law, this Ordinance or a Franchise
Agreement.
I. When a franchise terminates for any reason, the Franchisee shall file with the City
within ninety (90) calendar days of the date its operations in the City cease a financial statement,
certified by a certified public accountant or the Franchisee's chief financial officer, showing the
gross revenues received by the Franchisee since the end of the previous quarterly payment.
Adjustments will be made at that time for Franchise fees due to the date that the Franchisee's
operations ceased.
Section 18. Customer Service Requirements.
A. Any person operating a Cable System shall maintain all parts of its system in good
condition and in accordance with standards generally observed by the cable television industry.
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Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its
customers and facilities.
B. Franchisee shall maintain at least one conveniently located business office and service
center within the Franchisee's service area,but not more than five(5)miles from the City limits to
which subscribers may telephone without incurring added message units or toll charges. This
business office shall be open at minimum from 8:00 a.m.to 6:00 p.m.,Monday through Friday,until
8:00 p.m. and some weekend and evening hours including, but not limited to Saturday from 9:00
a.m. until 12:00 p.m. or the equivalent as provided in a Franchise Agreement.
C. Franchisee shall maintain a listed local, toll-free telephone number and employ a
sufficient number of telephone lines, personnel and answering equipment or service to allow
reasonable access by subscribers and members of the public to contact the Franchisee on a full-time
basis,twenty-four(24)hours per day,seven(7)days per week including holidays.Knowledgeable,
qualified Franchisee representatives will be availab4e to respond to customer telephone inquiries,
twenty-four(24)hours per day, seven(7) days per week including holidays.
D. Franchisee shall answer all customer service and repair telephone calls made under
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normal operating conditions within thirty(30)seconds,including wait time and within an additional
thirty (30) seconds to transfer the call. Customers shall receive a busy signal less than three (3)
percent of the time.These standards shall be met no less than ninety percent(90%)of the time under
normal operating conditions, measured on a quarterly basis.
E. A Franchisee shall employ and maintain sufficient qualified personnel and equipment
to be available(i)to accept payments; (ii)to exchange or accept converters or other equipment;(iii)
to receive subscriber complaints or requests for service or repairs during normal business hours and
some evening and weekend hours; (iv) to schedule service installations, undertake normal repairs,
35
initiate action with respect to any subscriber service complaints within twenty-four(24) hours; (v)
to enable a service technician to respond to service calls twenty-four(24) hours per day, seven(7)
days a week including holidays when more than five (5) subscribers served from the same nearest
active electronic device, such as an amplifier or node, call with the same complaint.
F. Installation and service:
1. Standard installation work shall be performed within seven(7)business days
after an order has been placed except in those instances where a subscriber specifically requests an
installation date beyond the seven (7) business day period. "Standard" installations are up to one
hundred and fifty(150)feet from the existing distribution system. If scheduled installation is neither
started nor completed as scheduled, the subscriber will be telephoned by an employee of the
Franchisee the same day. Evening personnel shall also attempt to call subscribers at their homes
between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee
of the Franchisee shall telephone the subscriber the next day;
2. 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-eight(48)hours after the problem becomes
known. All service interruptions, and service problems within the control of Franchisee, shall be
corrected within seventy-two (72) hours after receipt of a complaint;
3. The appointment window alternatives made available for installations,service
calls, repairs, and other installation activities will be either a specific time, a four-hour time block
during normal business hours, or at the election and discretion of the subscriber, "all day";
4. Franchisee may not cancel an appointment with a subscriber after the close
of business on the business day prior to the scheduled appointment; and
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5. If at any time an installer or technician is running late for a scheduled
appointment, an attempt to contact the customer will be made and the appointment rescheduled as
necessary at a time which is convenient for the customer.
Individual subscribers who have experienced a missed installation or service appointments •
due to the fault of Franchisee shall receive a credit of not less than twenty dollars ($20.00). Such
individual refund created to an individual subscriber shall not in any manner mitigate any fine that
may be imposed by the City pursuant to Section 18(s) herein.
G. Disconnection.
1. Voluntary Disconnection.
(a) A subscriber may terminate service at any time.
(b) Franchisee shall promptly disconnect any subscriber who so requests
from the Franchisee's Cable System. No period of notice prior to voluntary termination of service
may be required of subscribers by any Franchisee.
(c) A subscriber may be asked, but not required, to disconnect the
Franchisee's equipment and return it to the business office.
(d) Any security deposit and/or other funds due the subscriber shall be
refunded on disconnected accounts after the converter has been recovered by the Franchisee. The
refund process shall take a maximum of thirty (30) days from the date that the converter or other
equipment was returned to Franchisee or made available to Franchisee for pickup to the date the
customer receives the refund.
2. Involuntary Disconnection. If a subscriber fails to pay a monthly subscriber
or other fee or charge,the Franchisee may disconnect the subscriber's service outlet;however, such
disconnection shall not be effected until thirty-five (35) days after the due date of the monthly
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subscriber fee or other charge,and ten(10)days advance written notice of intent to disconnect to the
subscriber in question. If the subscriber pays within thirty-five (35) days of the due date and after
notice of disconnection has been given, the Franchisee shall not disconnect. After disconnection,
upon payment by the subscriber in full of all proper fees or charges, including the payment of the
reconnection charge, if any, the Franchisee shall promptly reinstate service.
3. Nothing in this Ordinance shall be construed to prevent the Franchisee from
removing its property from a subscriber's premises upon the termination of service consistent with
FCC rules and regulations and any other applicable law. At the subscriber's request, a Franchisee
shall remove all of its facilities and equipment from the subscriber's premises within thirty (30)
calendar days of the subscriber's request. Where removal is impractical, such as with buried cable
or internal wiring,facilities and equipment may be disconnected and abandoned rather than removed,
unless there is a written agreement stating otherwise,provided,however,that such agreement must
be consistent with applicable law and FCC rules.
H. Franchisee shall intentionally interrupt service only for good cause and for the
shortest time possible and where feasible shall provide 48 hours notice to the City Manager and to
all subscribers. Notice to multiple dwelling units may be provided to the property manager in lieu
of to each individual unit owner.
I. Franchisee shall notify the City Manager immediately if a service interruption affects
twenty five (25) or more individual subscribers for a time period greater than four hours.
J. Franchisee shall cause all its field employees to wear a picture identification badge
indicating their employment by Franchisee. This badge shall be clearly visible to the public.
K. A Franchisee shall develop written procedures for the investigation and resolution
of all subscriber or City resident complaints,including,but not limited to,those regarding the quality
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of service and equipment malfunction,which procedures shall be subject to the review and approval
by the City Manager. A subscriber or City resident who has not been satisfied by following the
Franchisee's procedures may file a written complaint with the City Manager, who will investigate
the matter and, in consultation with the Franchisee as appropriate, attempt to resolve the matter. A
Franchisee's good faith or lack thereof in attempting to resolve subscriber and resident complaints
in a fair and equitable manner will be considered in connection with the Franchisee's renewal
application. Franchisee shall maintain a complete list of all complaints not resolved within seven
(7) days of receipt and the measures taken to resolve them. This list shall be compiled in a form to
be approved by the City Manager. It shall be compiled on a monthly basis. The list for each
calendar month shall be supplied to the City Manager no later than the 15th day following the last
day of the preceding month. Franchisee shall also maintain a list of all written complaints received,
which list will be provided to the City on a quarterly basis.
L. To the extent reasonably required to monitor enforcement of this Ordinance or a
Franchise Agreement, a Franchisee shall permit the City designee to inspect and test the system's
technical equipment and facilities upon reasonable notice not to be less than forty-eight(48)hours.
M. Franchisee shall abide by the following requirements governing communications with
customers, bills and refunds:
1. Each Franchisee shall provide to subscribers written information in each of
the following areas at the time of installation, at least once annually, and at any future time upon
request by the Subscriber:
(a) How to use the cable service;
(b) Installation and service policies;
(c) The products and services offered;
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(d) Prices and service options;
(e) Channel positions of programming carried on the system;
(f) 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;
(g) The telephone number and address of the City's office and the
County's office designated to handle cable television complaints and
inquiries;
(h) The availability of a "lock-out" device;
(i) The Franchisee's information,collection, and disclosure policies for
the protection of a subscriber's privacy.
2. In addition,each Franchisee shall provide written notice either in its monthly
billing or through two(2)advertisements no smaller than 1/4 page in the newspaper with the largest
general circulation in the City, at the request of the City,of any City meeting regarding requests or
applications by the Franchisee for renewal, transfer or modification of its license or change in
service,rates or charges to subscribers. If approved by the City in writing,notice may be provided
over the cable system in certain instances. The City shall approve such a request no less than ninety
(90)days prior to the mailing of any billing by Franchisee or fifteen(15) days prior to the date that
such advertising shall appear. Said notices shall be made at Franchisee's expense and said expense
shall not be considered part of the Franchise fee assessed pursuant to this Ordinance and shall not
be regarded as a Franchise fee,as the term is defined in Section 622 of the Communications Act,47
U.S.C. Section 542.
3. Franchisee's bills will be clear, concise and understandable.
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4. Refund checks will be issued promptly,but no later than the earlier of thirty
(30) days or the customer's next billing cycle following the resolution of a refund request, or the
return of the equipment supplied by the Franchisee if service is terminated.
5. Credits for service will be issued no later than the customer's next billing cycle
following the determination that a credit is warranted.
6. A Franchisee shall provide subscribers, the City Manager, and the City
Commission with at least thirty(30) days advance written notice of any changes in rates, charges,
channel lineup,or initiations or discontinuations or changes of service or services offered over the
Cable System.
N. A Franchisee shall provide a pro-rated 24-hour credit to the subscriber's account for
any period of four hours or more within a 24-hour period during which a subscriber experienced an
outage of service or substantial impairment of service,whether due to a system malfunction or other
cause.
0. Billing.
1. The Franchisee's first billing statement after a new installation or service
change shall be pro-rated as appropriate and shall reflect any security deposit.
2. The Franchisee's billing statement must be fully itemized,with itemizations
including,but not limited to,basic and premium service charges and equipment charges. Bills will
also clearly delineate all activity during the billing period, including optional charges, rebates and
credits.
3. The Franchisee's billing statement must show a specific due date not earlier
than ten (10) days after the date of the beginning of the service period. Any balance not received
within ten (10) days after the due date may be assessed an administrative charge. The charge will
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•
appear on the following month's billing statement.
(a) Any administrative charge applied to unpaid bills shall be subject to
regulation by the City consistent with applicable law.
(b) Subscribers shall not be charged an administrative fee, a late fee or
otherwise penalized for any failure by the Franchisee,its employees,or contractors,including failure
to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment
timely made.
4. The Franchisee must notify the subscriber that he or she can remit payment
in person at the Franchisee's office or at such other locations within the City and inform the
subscriber of the address of that office.
P. A Franchisee may not substantially alter the service being provided to a subscriber
(including by re-tiering,restructuring a tier or otherwise changing the channel offerings)without the
express permission of such subscriber, unless it complies with this subsection.
1. If a Franchisee wishes to alter the service being provided to a subscriber
(including by re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no
longer be able to obtain the same package of services, then the Franchisee must provide the
subscriber with thirty (30) days notice of such alteration, explain the substance and the full effect
of the alteration, and provide the subscriber the right within the thirty (30) day period following
notice, to opt to receive any combination of services offered by the Franchisee.
2. Except as provided herein,no charge may be made for any service or product
which the subscriber has not affirmatively indicated, in a manner separate and apart from payment
of the regular monthly bill, that he or she wishes to receive.
Q. Franchisee shall certify in writing to the City on January 1 and July 1 of each year
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based upon internal due diligence by the Franchisee that to the best of Franchisee's knowledge it is
in substantial compliance with the standards set forth in this Section 18. At the request of the City,
the Franchisee shall submit such documentation, as may be required, to demonstrate Franchisee's
compliance with this Section 18. This documentation shall be submitted within forty five(45)days
of the Franchisee's receipt of the City's request.
R. Responsibility for the administration of this Ordinance and any Franchise granted
hereunder and for the resolution of all complaints against a Franchisee regarding the quality of
service,equipment malfunctions,and related matters,including the authority to order refunds or fees,
is hereby delegated to the City Manager, which is empowered, among other things, to settle, or
compromise any controversy arising from operations of the Franchisee,in accordance with the best
interests of the public. In cases where requests for service have been ignored or in cases where the
service provided is unsatisfactory for whatever reason, the City Manager shall have the power to
require the Franchisee to provide service if in the opinion of the City Manager such request for
service is reasonable. Provided, that any person aggrieved by a decision of the City Manager,
including the Franchisee, may appeal the matter to the City Commission for hearing and
determination. The City Commission may accept,reject or modify the decision of the City Manager.
No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City
Commission shall be contrary to the provisions of this Ordinance or any Franchise Agreement issued
pursuant to this Ordinance, and neither the City Manager nor the City Commission, in the
adjustment, settlement, or compromise of any controversy shall have the right or authority to add
to, modify or delete any provision of this Ordinance or of the Franchisee.
S. 1. In addition to the powers delegated in subsection(R)above,the City Manager
shall have the authority to assess fines against a Franchisee for any violation of this Ordinance or
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any franchise issued pursuant to this Ordinance, which fines will be paid to the City. Any interest
and/or late charges paid by Franchisee is intended to be a charge incidental to the enforcing of a
Franchise within the meaning of Section 622(g)(2)(D)of the Communications Act,47 U.S.C. §542
(g)(2)(D), and may not be deducted from the Franchise fee imposed by this Ordinance or any
Franchise Agreement or otherwise credited against any fee or tax imposed by any governmental
entity.
2. In assessing fines against a Franchisee, the City Manager shall be governed
by the schedule set out below. Unless otherwise indicated, the fines listed are to be assessed on a
per violation basis with each day of a continuing violation constituting a separate violation.
SCHEDULE OF FINES
Single Violation Of: Maximum Fines
(a) Section A, hereof. $100.00
(b) Section B, hereof. $100.00
(c) Section C, hereof. $100.00
(d) Section D, hereof. $1000.00 per quarter
(e) Section E hereof. $100.00
(f) Section F hereof $100.00
(g) Section G, hereof $100.00
(h) Section H, hereof $100.00
(j) Section J, hereof $100.00
(k) Section K, hereof $100.00
(j) Section L, hereof. $100.00
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Section M(1)(a)-(i) hereof with bill $100.00 per month billing cycle
Section M(2), hereof $100.00
Section M(3)-M(6),hereof $100.00
(n) Section N, hereof $100.00
(o) Section 0, hereof. $100.00
(p) Section P, hereof. $100.00
(q) Section Q hereof $1000.00
4. For the purpose of assessing and calculating refunds and fines for violations
of this Section with respect to multiple dwelling units, each individual unit shall be counted as a
subscriber. However, any and all refunds with respect to services provided pursuant to a bulk
agreement shall be remitted by the Franchisee to the party to the bulk agreement, rather than to
individual subscribers. Refunds due to subscribers for service purchased on an individual basis shall
be remitted directly by the Company to each individual subscriber.
5. Prior to ordering a refund and/or assessing a fine,the City Manager shall mail
the Franchisee written notice by certified or registered mail of the proposed refund and/or fine,
specifying the violation at issue. The Franchisee shall have ten (10) days from the date of receipt
of the written notice to file a written response to the City Manager's notice. Franchisee's written
response shall be signed by management level personnel of Franchisee and all statements contained
therein will be regarded as material representations to the City.
6. Prior to ordering a refund and/or assessing a fine, the City Manager shall
consider any justification or mitigating factor advanced in Franchisee's written response,including
but not limited to rebates or credits to the subscriber or a cure of the violation. The City Manager
may, after consideration of the response of the Franchisee,waive or reduce any proposed refund or
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fine.
7. Subsequent to the notice of proposed refund and/or fine to Franchisee and
consideration of the Franchisee's response, if any, the City Manager may issue an assessment of
refund or fine. The refund and/or fine shall be paid within thirty(30) days of written notice to the
Franchisee. This refund and/or fine shall constitute liquidated damages to the subscriber and City
for the violation and the City may enforce payment of the refund or fine in any court having
jurisdiction. It is the intent of the City to determine fines/refunds as a reasonable estimate of the
damages suffered by the City and/or its subscribers, whether actual or potential, and may include
without limitation, increased costs of administration and other damages difficult to measure.
8. Franchisee may appeal any decision of the City Manager directly to the City
Commission within thirty(30) days of notice of the decision to the Franchisee.
9. Any person who intentionally files a false complaint against a Franchisee shall
be subject to a fine in the amount of $50 for the first violation and $100 for each subsequent
violation.
10. Intentional misrepresentation by a Franchisee in any response to a notice of
proposed refund and/or fine shall be grounds for revocation of the franchise.
U. In addition to complying with the customer service standards set forth in this
Ordinance or in any franchise issued pursuant to this Ordinance, a Franchisee shall comply with all
customer service standards applicable to Cable Systems of the FCC and any other applicable federal,
state or county law concerning customer service standards, consumer protection, and unfair or
deceptive trade practices.
V. The City expressly reserves the right to consider violations of the customer service
requirements by a Franchisee in deciding whether to enter into a Franchise Agreement, grant a
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franchise renewal, modification or consent to a transfer.
X. The City expressly reserves the right to impose and enforce customer service
obligations on any cable Franchisee providing Internet service to subscribers in the City. The City
shall provide a Franchisee with not less than thirty (30) days notice of the City's intent to adopt
customer service standards applicable to Internet service and shall provide Franchisee with an
opportunity to comment on the specific proposal to be considered.
Section 19. Subscriber Privacy. A Franchisee shall at all times protect the privacy of
all subscribers to the full extent required by Section 631 of the Communications Act, 47 U.S.C. §
551 and state law.
Section 20. Discrimination Prohibited. A Franchisee may not in its rates or charges, or
in the availability of the services or facilities of its system, or in any other respect, make or grant
undue preferences or advantages to any subscriber,potential subscriber, or group of subscribers or
potential subscribers,nor subject any such persons or group of persons to any undue prejudice or any
disadvantage. A Franchisee shall not deny,delay or otherwise burden service or discriminate against
subscribers or users on the basis of age, race, creed, religion, color, sex, handicap, national origin,
marital status, or political affiliation, except for discounts for senior citizens, the economically
disadvantaged or handicapped that are applied in a uniform and consistent manner. A Franchisee
may offer bulk discounts to multiple dwelling buildings to the extent such discounts are otherwise
permissible by law.
B. A Franchisee shall not deny cable service to any potential subscriber because of the
income of the residents of the area in which the subscriber resides.
C. A Franchisee shall not refuse to employ, nor discharge from employment, nor
discriminate against any person in compensation or in terms,conditions or privileges of employment
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because of age,race,creed,religion,color,sex,disability,national origin,marital status,or political
affiliation.The Franchisee shall comply with Federal,state and local laws and regulations governing
equal employment opportunities, as the same may from time to time amended.
Section 21. Use of Streets.
A. Any pavements, sidewalks,curbing or other paved area taken up or any excavations
made by a Franchisee shall be done pursuant to permits issued for work by the proper officials of
the City, and shall be done in such manner as to give the least inconvenience to the inhabitants of
the City. A Franchisee shall, at its own cost and expense, and in a manner approved by the City,
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 prepare,maintain
and provide to the City Manager or his designee,full and complete plats,maps and records showing
the exact locations of its physical facilities used in connection with the Cable System located within
the public Streets, ways, and easements of the City. These maps shall be available in any form
requested by the City Manager or his designee.
B. Except to the extent required by law, a Franchisee shall, at its expense, protect,
support,temporarily disconnect,relocate, or remove, any of its property when required by the City
by reason of traffic conditions, public safety, Street construction, Street resurfacing or widening,
change of Street grade, installation or sewers, drains,water pipes,power lines, signal lines, tracks,
or any other type of municipal or public utility improvements; provided, however, that the
Franchisee shall, in all such cases, have the privilege of abandoning any property in place.
C. A Franchisee 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
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requesting same, and the Franchisee shall have the authority to require such payment in advance,
except in the case where the requesting person is the City, in which case no such payment shall be
required. The Franchisee shall be given not less than five calendar (5) days advance notice to
arrange for such temporary wire changes.
D. A Franchisee shall upon notice to the City of not less than seven (7) days, have the
authority to trim the trees or other natural growth upon and overhanging the Streets so as to prevent
the branches of such trees from coming in contact with the wires, cables and other equipment of the
Franchisee, except that, at the option of the City, such trimming may be done by it or under its
supervision and direction at the expense of the Franchisee.
E. A Franchisee shall use,with the owner's permission, existing underground conduits
(if applicable) or overhead utility facilities whenever feasible. Copies of agreements between a
Franchisee and third party for use of conduits or other facilities shall be filed with the City provided
that the Franchisee shall have the right to redact proprietary and confidential information in such
agreements as it pertains to financial arrangements between the parties.
F. All wires, cable lines, and other transmission lines, equipment and structures shall
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be installed and located to cause minimum interference with the rights and convenience of property
owners. The City may issue such rules and regulations concerning the installation and maintenance
of a cable system installed in, on, or over the Streets, as may be consistent with this Ordinance and
the Franchise Agreement.
G. All safety practices required by law shall be used during construction, maintenance
and repair of a Cable System. A Franchisee shall not place facilities, equipment or fixtures where
they will interfere with any gas,electric,telephone,water,sewer or other utility facilities,or obstruct
or hinder in any manner the various utilities serving the residents of the City of their use of any
49
•
Street or any other public right of way.
H. A Franchisee shall, at all times:
1. Install and maintain its wires, cables, fixtures and other equipment in
accordance with the requirements of the City's Building Code and Electrical Safety Ordinances and
any other applicable Building or Electrical Safety Code, and in such manner that they will not
interfere with any installations of the City.
2. Keep and maintain in a safe,suitable,substantial condition,and in good order
and repair, all structures, lines, equipment, and connections in, over, under, and upon the Streets,
sidewalks, alleys, and public ways or places of the City, wherever situated or located.
I. On Streets where electrical or telephone utility wiring is located underground,
Franchisee's cable shall also be located underground at the Franchisee's expense. Between a Street
and a subscriber's residence,a Franchisee's cable must be located underground if both electrical and
telephone utility wiring are located underground. The City shall encourage, to the extent feasible,
that the public utility and the Franchisee cooperate in opening up trenches and making such trenches
available to all parties with the understanding that the costs of opening and refilling of such trenches
would be shared equally by all users of such trenches. Franchisee shall at all times comply with the
requirements of the Trench Safety Act.
J. In the event the use of any part of a Cable System is discontinued for any reason for
a continuous period of six (6)months, or in the event such system or property has been installed in
any Street without complying with the requirements of this Ordinance or a Franchisee agreement,
or the Franchise has been terminated, canceled or expired, the Franchisee, within thirty (30) days
after written notice by the City,shall commence removal from the Streets of all such property as the
City may require.
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K. The City may extend the time for the removal of Franchisee equipment and facilities
for a period not to exceed one hundred eighty (180) days, and thereafter such equipment and
facilities shall be deemed abandoned.
L. In the event of such removal or abandonment, the Franchisee shall restore the area •
to as good a condition as prior to such removal or abandonment.
Section 22. Renewal of Franchise.
Renewal shall be conducted in a manner consistent with Section 626 of the Communications
Act,47 U.S.C. 546. To the extent such additional requirements are consistent with applicable law,
the following requirements shall apply.
A. Upon completion of the review and evaluation process set forth in Section
626(a)(1)(2) of the Communications Act, 47 U.S.C. 546, should that process be invoked, the City
shall notify the Franchisee, by certified or registered mail that it may file a renewal application
including a renewal proposal. The notice shall specify the information to be included in the renewal
application and the deadline for filing the application, which shall be no earlier than thirty (30)
calendar days following the date of the notice.
1. The application shall comply with the requirements of Section 9 hereof and
provide the specific information requested in the notice. If the Franchisee does not submit a renewal
application by the date specified in the City's notice to the Franchisee given pursuant to this
subsection, the Franchisee will be deemed not to be seeking renewal of its Franchise.
2. Upon receipt of the renewal application, the City shall publish notice of its
receipt and make copies available to the public. The City, following prior public notice, may hold
one or more public hearings on the renewal application.
B. In the event a public hearing on the renewal application is held, or in the event that
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the City Commission considers the renewal application without a public hearing, the City
Commission will either:
1. Pass a resolution agreeing to renew the Franchise, subject to the negotiation
of a Franchise Agreement satisfactory to the City and the Franchisee; or
2. Pass a resolution that makes a preliminary assessment that the Franchise
should not be renewed.
C. If a preliminary assessment is made that a Franchise should not be renewed, at the
request of the Franchisee or on its own initiative,the City will commence a proceeding in accordance
with Section 626(c)of the Communications Act, 47 U.S.C. § 546(c)to address the issues set forth
in Section 626(c)(1)(A)-(D)of the Communications Act,47 U.S.C.§ 546(c)(1)(A)-(D). Any denial
of a proposal for renewal that has been submitted in compliance with subsection (b) of§ 546 shall
be based on one or more adverse findings made with respect to the factors described in §
546(c)(1)(A)-(D), pursuant to the record of proceedings under § 546(c). The City shall not base a
denial of renewal on a failure to substantially comply with the material terms of the Franchise under
§ 546(c)(1)(A) or on events considered under § 546(c)(1)(B), unless the City has provided the
Franchisee with notice and opportunity to cure,or in any case in which it is documented that the City
has waived its right to object, or the Franchisee gives written notice of a failure or inability to cure
and the City fails to object within a reasonable time after receipt of such notice.
D. Any request to initiate a renewal process or proposal for renewal not submitted within
the time period set forth in Section 626(a)of the Communications Act,47 U.S.C. § 546(a), shall be
deemed an informal proposal for renewal and shall be governed in accordance with Section 626(h)
of the Communications Act,47 U.S.C.§ 546(h). The City may hold one or more public hearings or
implement other procedures under which comments from the public on an informal proposal for
52
renewal may be received. Following such public hearings or other procedures,the City Commission
shall determine whether the Franchise should be renewed and the terms and conditions of any
renewal.
E. If the City Commission grants a renewal application,the City and the Franchisee shall •
agree on the terms of a Franchise Agreement, pursuant to the procedures specified in Section 9 of
this Ordinance, before such renewal becomes effective.
F. If renewal of a Franchise is lawfully denied, the City may acquire ownership of the
Cable System or effect a transfer of ownership of the system to another person upon approval of the
City Commission. Any such acquisition or transfer shall be at fair market value, determined on the
basis of the Cable System valued as a going concern but with no value allocated to the franchise
itself. The City may not acquire ownership of the system while an appeal of a denial for renewal is
pending in any court pursuant to § 546(e).
G. If renewal of Franchise is lawfully denied and no appeal to a court is pending, and
the City does not purchase the Cable System or approve or effect a transfer of the Cable System to
another person, the City may require the former Franchisee to remove its facilities and equipment
at the former Franchisee's expense. If the former Franchisee fails to do so within a reasonable period
of time, the City may have the removal done at the former Franchisee's and/or surety's expense.
Section 23. Transfer/Sale/Assignment.
A. No transfer of a Franchise shall occur without prior written approval of the City.
B. An application for a transfer of a Franchise shall meet the requirements of Section
9 hereof, and provide complete information on the proposed transaction, including details on the
legal, financial, technical and other qualifications of the transferee, and on the potential impact of
the transfer on subscriber rates and service.
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C. An application for approval of a pro forma transfer of a Franchise shall be considered •
granted on the sixty first (61s`) calendar day following the filing of such application with the City
unless,prior to that date,the City notifies the Franchisee to the contrary. An application for approval
of a pro forma transfer of a franchise shall clearly identify the application as such, describe the •
proposed transaction, and explain why the applicant believes the transfer is pro forma. Unless
otherwise requested by the City within thirty (30) calendar days of the filing of an application for
a pro forma transfer, the applicant shall be required only to provide the information required in
subsections (9)(F)(1),(3) and (14) with respect to the proposed transferee.
D. In making a determination on whether to grant an application for a transfer of a
Franchise, the City Commission shall consider the legal, financial, and technical and other
qualifications of the transferee to operate the system; whether the incumbent cable operator is in
substantial compliance with the material terms of its Franchise Agreement and this Ordinance and,
if not, the proposed transferee's commitment to cure such noncompliance; and whether operation
by the transferee would adversely affect cable services to subscribers, or otherwise be contrary to
the public interest.
E. No application for a transfer of a Franchise shall be granted unless the transferee
agrees in writing that it will abide by and accept all terms of this Ordinance and the Franchise
Agreement, and that it will assume the obligations and liabilities of the previous Franchisee under
this Ordinance and the Franchise Agreement.
F. Approval by the City of a transfer of a Franchise does not constitute a waiver or
release of any of the rights of the City under this Ordinance or the Franchise Agreement, whether
arising before or after the date of the transfer.
Section 24. Revocation or Termination of Franchise
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A. A Franchise may be revoked by the City Commission for a Franchisee's failure to
construct, operate or maintain the Cable System as required by this Ordinance or the Franchise
Agreement,or for any other material violation of this Ordinance or material breach of the Franchise
Agreement. To invoke the provisions of this subsection (A), the City shall give the Franchisee •
written notice,by certified mail at the last known address, that Franchisee is in material violation
of this Ordinance or in material breach of the Franchise Agreement and describing the nature of the
alleged violation or breach with specificity. If within thirty(30)calendar days following receipt of
such written notice from the City to the Franchisee, the Franchisee has not cured such violation or
breach,or has not commenced corrective action and such corrective action is not being actively and
expeditiously pursued, the City may give written notice to the Franchisee of its intent to revoke the
Franchise, stating its reasons.
B. Prior to revoking a Franchise under subsection(A)hereof,the City Commission shall
hold a public hearing, upon thirty (30) calendar days notice, at which time the Franchisee and the
public shall be given an opportunity to be heard. Following the public hearing the City Commission
may determine whether to revoke the Franchise based on the evidence presented at the hearing,and
other evidence of record. If the City Commission determines to revoke a Franchise, it shall issue
a written decision setting forth the reasons for its decision. A copy of such decision shall be
transmitted to the Franchisee.
C. Notwithstanding subsections (A) and (B) hereof, any Franchise may, at the option
of the City following a public hearing before the City Commission,be revoked one hundred twenty
(120)calendar days after an assignment for the benefit of creditors or the appointment of a receiver
or trustee to take over the business of the Franchisee, whether in a receivership, reorganization,
bankruptcy assignment for the benefit of creditors,or other action or proceeding, unless within that
55
one hundred twenty (120) day period:
1. Such assignment, receivership or trusteeship has been vacated; or
2. Such assignee, receiver or trustee has fully complied with the terms and
conditions of this Ordinance and the Franchise Agreement and has executed an agreement,approved
by a court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of
this Ordinance and the Franchise Agreement.
D. In the event of foreclosure or other judicial sale of any of the facilities,equipment or
property of a Franchisee, the City may revoke the Franchise, following a public hearing before the
City Commission, by serving notice upon the franchise and the successful bidder at the sale, in
which event the Franchise and all rights and privileges of the Franchise will be revoked and will
terminate thirty(30) calendar days after serving such notice, unless:
1. The City has approved the transfer of the Franchise to the successful bidder;
and
2. The successful bidder has covenanted and agreed with the City to assume and
be bound by the terms and conditions of the Franchise Agreement and this Ordinance.
E. If the City revokes a Franchise, or if for any other reason a Franchisee abandons,
terminates or fails to operate or maintain service to its subscribers for a period of six months, the
following procedures and rights are effective:
1. The City may require the former Franchisee to remove its facilities and
equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a
reasonable period of time, the City may have the removal done at the former Franchisee's and/or
surety's expense.
2. The City,by resolution of the City Commission,may acquire ownership, or
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effect a transfer, of the Cable System at an equitable price.
3. If a Cable System is abandoned by a Franchisee,the City may sell, assign or
transfer all or part of the assets of the system.
F. Where the City has issued a Franchise specifically conditioned in the Franchise
Agreement upon the completion of construction, system upgrade or other specific obligation by a
specified date, failure of the Franchisee to complete such construction or upgrade,will result in the
automatic forfeiture of the Franchise without further action by the City where it is so provided in the
Franchise Agreement, unless the City, at its discretion and for good cause demonstrated by the
Franchisee, grants an extension of time.
G. No Franchisee will construct or activate a system upgrade in any community served
by the same system prior to activating the upgrade for all subscribers within the City,without prior
authorization from the City.
H. Except as provided in subsection(F),no adverse action against a Franchisee may be
taken by the City pursuant to this section except after a noticed public hearing at which the
Franchisee is given an opportunity to participate.
Section 25. Continuity of Service Mandatory.
A. It is the right of all subscribers to receive all available services requested from the
Franchisee as long as their financial and other obligations to the Franchisee are satisfied.
B. In the event of a termination or transfer of a Franchise for whatever reason, the
Franchisee shall ensure that all subscribers receive continuous, uninterrupted service regardless of
the circumstances. The Franchisee shall cooperate with the City to operate the system for a
temporary period following termination or transfer as necessary to maintain continuity of service to
all subscribers. The temporary period will not exceed six (6) months without the Franchisee's
57
written consent. During such period the Cable System shall be operated under such terms and
conditions as the City and the Franchisee may agree, or such other terms and conditions that will
continue, to the extent possible, the same level of service to subscribers and that will provide
reasonable compensation to the cable operator.
C. In the event a Franchisee fails to operate the system for seven (7) consecutive days
without prior approval of the City or without just cause, the City may, at its option, operate the
system or designate an operator until such time as the Franchisee restores service under conditions
acceptable to the City or until a permanent operator is selected. If the City is required to fulfill this
obligation for the Franchisee, the Franchisee shall reimburse the City for all costs or damages
resulting form the Franchisee's failure to perform that are in excess of the revenues from the system
received by the City. Additionally, the Franchisee will cooperate with the City to allow City
employees and/or City agents free access to the Franchisees' facilities and premises for purposes of
continuing system operation.
Section 26. Rates.
A. Nothing in this Ordinance shall prohibit the City from regulating rates for cable
services to the full extent permitted by law.
B. Any rate or charge established for cable television service, equipment, repair and
installation shall be reasonable to the public. Upon written request from the City or its agent,
Franchisee shall provide all requested data,records and documentation to show the reasonableness
of the rates or to comply with FCC or other applicable guidelines.
C. Subject to the City's regulation of rates as permitted under applicable Federal and
state law, should a Franchisee desire to change any rate or charge,it shall submit a written proposal
for the amounts and effective date of such change to the City Manager who shall evaluate the
58
proposal in a manner consistent with FCC cable television rate regulation standards or other
applicable law in effect at the time and report this evaluation to the City Commission. The City
•
Manager's report shall be placed before the City Commission at a duly noticed public hearing. The
City will provide written notice of the public hearing to the Franchisee no later than five (5) days
prior to the public hearing. The City may require the Franchisee to notify each subscriber, by
placing an announcement of not less than one quarter page in a newspaper of general circulation
and/or via the Cable System,of the proposed rate change and the date and time of the public hearing,
with such notice commencing no later than forty-eight(48)hours prior to time of the public hearing.
At such hearing, the Franchisee and members of the public will be given an opportunity to present
their respective views on the proposed rates. Upon conclusion of the public hearing, the City
Commission shall decide the matter by majority vote and adopt a Resolution approving,
disapproving, or modifying the proposed rate changes and providing such further relief as is
appropriate and authorized by FCC rate regulation standards. The resolution shall set forth complete
findings of fact and conclusions regarding all of the basic elements considered in the City
Commission's determination.
Section 27. Performance Evaluation.
The City will conduct periodic performance evaluations of a Franchisee as the City
determines is necessary. A Franchisee shall cooperate with these evaluations reasonably and in good
faith. If the City implements a survey of cable subscribers in connection with a performance
evaluation,the City may require a Franchisee to distribute the City's questionnaire to its subscribers
at the City's expense. Upon request and upon reimbursement of the City's copying costs, the
Franchisee may receive copies of all responses.
Section 28. Administration.
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A. The City Manager, shall have the responsibility for overseeing the day-to-day
administration of this Ordinance and Franchise Agreements. The City Manager shall be empowered
to take all administrative actions on behalf of the City, except for those actions specified in this
Ordinance that are reserved to the City Commission. The City Manager may recommend that the
City Commission take certain actions with respect to the Franchise. The City Manager shall keep
the City Commission apprised of developments in cable and provide the City Commission with
assistance, advice and recommendations as appropriate.
B. Any request for modification or other action by the City or Franchisee with respect
to a Franchisee's operation in the City including,but not limited to,applications pursuant to Section
9 hereof shall be in writing and should be addressed to the City Manager with copies to the City
Attorney and the City Clerk.
C. Subject to Federal and state law, the City Commission shall have the sole authority
to regulate rates for cable services, grant Franchises, authorize the entering into of Franchise
Agreements,modify Franchise Agreements,renew or deny renewal of Franchise,revoke Franchise
and, authorize the transfer of a Franchise.
Section 29. Force Majeure.
In the event a Franchisee's performance of or compliance with any of the provisions of this
Ordinance or the Franchisee's Franchise Agreement is prevented by a cause or event not within the
Franchisee's control, such inability to perform or comply shall be deemed excused and no penalties
or sanctions shall be imposed as a result thereof, provided, however, that Franchisee uses all
practicable means to expeditiously cure or correct any such inability to perform or comply. For
purposes of this Ordinance and any Franchise Agreement granted or renewed hereunder,causes or
events not within a Franchisee's control shall include, without limitation, acts of God, floods,
60
earthquakes,landslides,hurricanes, fires and other natural disasters,acts of public enemies,riots or
civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or
court . Causes or events within Franchisee's control, and thus not falling within this section, shall
include, without limitation, Franchisee's financial inability to perform or comply, economic
hardship, and misfeasance, malfeasance or nonfeasance by any of Franchisee's directors, officers,
employees, contractors or agents.
Section 30. Applicability.
A. This Ordinance shall be applicable to all cable systems now existing in the City on
the date hereof and to all applicants for cable franchises,to the full extent permitted by Federal and
state law.
B. Any person shall notify the City in writing within thirty (30) calendar days of the
passage of this Ordinance, or any subsequent amendment thereof, of:
1. any provision which it believes should not be applicable to it.
2. the reason for each such claim of non-applicability.
C. Failure to notify the City as provided in subsection(B)of this Section shall constitute
a waiver of any right to object.
Section 31. Municipal Cable System Ownership Authorized.
A. To the full extent permitted by law, the City may acquire, construct, own, and/or
operate a Cable System.
B. Nothing in this Ordinance shall be construed to limit in any way the ability or
authority of the City to acquire, construct, own, and/or operate a Cable System to the full extent
permitted by law.
Section 32. Violations of Ordinance.
61
A. Whenever the City finds that a person has allegedly violated any provision of this
Ordinance, not otherwise described in Section 18 herein, such person shall have thirty (30) days
subsequent to receipt of notice to correct the violation. If after 30 days, the recipient has failed to
correct the alleged violation, or commence curing to a substantial extent and to the satisfaction of
the City, the City shall determine if the person has committed a violation and shall make written
findings of fact. If a violation is found,the person shall pay to the City Five Hundred Dollars($500)
per day, or any part thereof for each day each violation occurs or continues. The City reserves the
right to withdraw said payments from the security fund upon 3 days written notice to Franchisee.
It is the intent of the City to impose the above discussed fines as a reasonable estimate of the
damages suffered by the City and/or its subscribers, whether actual or potential, and may include
without limitation, increased costs of administration and other damages difficult to measure.
B. The City hereby reserves any and all rights to require that a person remove its
equipment and facilities from the City's public rights of way where the City has determined and
issued a written decision finding that the damages suffered by the City or its residents can not be
remedied by any reasonable means other than by termination or revocation of a person's rights to
use the City's rights of ways.
Section 33. Enforcement Remedies.
A. In addition to any other remedies available at law or equity or provided herein under
Section 18, the City may apply any one or combination of the following remedies in the event a
Franchisee violates this Ordinance, its Franchise Agreement, applicable Federal or state law, or
applicable local law or order:
1. Impose liquidated damages in such amount, whether on a per-diem, per-
incident, or other measure of violation, as provided in the Franchise Agreement. Payment of
62
t
liquidated damages by the Franchisee will not relieve the Franchisee of its obligation to comply with
the Franchise Agreement and the requirements of this Ordinance.
2. Revoke the Franchise pursuant to the procedures specified in Section 24
hereof.
3. In addition to or instead of any other remedy, the City may seek legal or
equitable relief from any court of competent jurisdiction.
B. In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the person or persons bearing the impact of the violation,
the nature of the remedy required in order to prevent further violations,and such other matters as the
City determines are appropriate to the public interest.
C. Failure of the City to enforce requirements of a Franchise Agreement or this
Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent •
violations of the same type or to seek appropriate enforcement remedies.
D. In any proceeding wherein there exists an issue with respect to a Franchisee's
performance of its obligations pursuant to this Ordinance,the Franchisee has,throughout any such
proceedings and appeals thereof, the burden of proving that said Franchisee is in compliance with
the terms of the Ordinance. The City Commission may find a Franchisee that does not demonstrate
compliance with the terms and conditions of this Ordinance in default and apply any one or
combination of the remedies otherwise authorized by this Ordinance.
Section 34. Reservation of Rights.
A. The City reserves the right to amend this Ordinance as it shall find necessary in the
lawful exercise of its police powers.
B. Any additional regulations adopted by the City shall be incorporated into this
63
I
Ordinance and complied with by all Franchisees within thirty (30) days of the date of adoption of
such additional regulations.
•
C. The City reserves the right to exercise the power of eminent domain to acquire the
property of Franchisee's Cable System, consistent with applicable Federal and state law.
Notwithstanding anything to the contrary,this Section shall not enlarge or restrict the City's exercise
of eminent domain except to the extent provided by applicable law.
D. The City shall at all times have the right, upon reasonable notice and during normal
business hours, to examine and copy a Franchisee's records and to inspect a Franchisee's facilities
to the extent needed to monitor a Franchisee's compliance with and performance under this
Ordinance and the Franchisee's Franchise Agreement.
Section 35. Repeal of Conflicting Ordinances.
All Ordinances on the same subject and all parts of ordinances, and all resolutions or parts
of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 36. Savings.
All rates, fees, charges and financial obligations previously accrued pursuant to the
ordinances and resolutions repealed pursuant to Section 35 above shall continue to be due and owing
until paid.
Section 37. Severability.
If any part, section, subsection,or other portion of this Ordinance or any application thereof
to any person or circumstance is declared void,unconstitutional or invalid for any reason,such part,
section, subsection, or other portion, or the prescribed application thereof, shall be severable, and
the remaining provisions of this Ordinance, and all applications thereof not having been declared
void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no
64
invalid or prescribed provision or application was an inducement to the enactment of this Ordinance,
and that it would have enacted this Ordinance regardless of the invalid or prescribed provision or
application.
Section 38. Inclusion in Code It is the intention of the Mayor and City Commission
of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall
become and be made part of the Code of the City of Miami Beach, Florida. The sections of this
Ordinance may be renumbered or relettered to accomplish such intention,and the word"ordinance"
may be changed to "section," "article," or other appropriate word.
Section 39. Effective Date This Ordinance shall take effect ten (10) days after its
adoption on the 10`h day of January, 2001.
65
PASSED on First Reading this 20th day of December, 2000.
PASSED and ADOPTED on Second Reading this 10th day of January, 2001.
ayor
ATTEST:
lel .{d
CITY CLERK
Ordinance No. 2001-3289
•
APPROVED AS TO
FORM & LANGUAGE
& EXECUTION
Ci" tt. ey A Date
•
66
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 3-0)
TO: Mayor Neisen Kasdin and DATE: January 10, 2001
Members of the City Commission
FROM: Jorge M. Gonzalez }
plc-
City Manager
SECOND READING - PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF
CABLE TELEVISION SYSTEMS AND THE APPLICATION,
PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF
FRANCHISES FOR THE CONSTRUCTION, INSTALLATION,
OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS,
EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN
ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS OF
WAYS AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF
WAY IS IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH
APPLICABLE LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR
REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS
CLAUSE;PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed Ordinance upon
second reading and a public hearing.
ANALYSIS
The non-exclusive cable television franchise with Interlink Communications Partners, LLC d/b/a
Charter Communications,Inc.(formerly known as Rifkin Narragansett South Florida CATV Limited
Partnership, d/b/a CableVision Communications, and hereinafter referred to as "Charter") expires
in February 2001. In order to properly address the franchise renewal process, the Mayor and City
Commission adopted Resolution No.98-22957 on November 4, 1998,and created the Miami Beach
Cable Advisory Board(the "Cable Advisory Board").
AGENDA ITEM I2-SG
DATE t — '° — 01
The Cable Communications and Policy Act of 1984, 47 U.S.C.A. §521 et. seq. (the "Cable Act")
provides that during the 6-month period which begins with the 36th month before the franchise
expiration, the franchising authority may on its own initiative, and shall at the request of a cable
operator,commence proceedings which afford the public in the franchise area appropriate notice and
participation for the purpose of (1) identifying the future cable-related community needs and
interests,and(2)reviewing the performance of the cable operator under the franchise during the then
current franchise term (47 U.S.C.A. §546).
In order to commence above-described process,the Cable Advisory Board was charged with the duty
of analyzing the following four factors that may be considered by the City with regard to the renewal
of a cable franchise:
(1) Whether the cable operator has substantially complied with the
material terms of its existing franchise agreement and applicable law;
(2) Whether the quality of the operator's service has been reasonable in
light of community needs;
(3) Whether the operator has the financial, legal and technical ability to
provide the services, facilities, and equipment as set forth in its
proposal; and
(4) Whether the operator's proposal is reasonable to meet the future
cable-related community needs and interests,taking into account the
cost thereof
The Cable Advisory Board, which is presently composed of Jo Asmundsson, Jeff Bechdel, Henry
Kay, Pat Morris and Nicholas Spill,held fifteen(15 )meetings and three (3) public hearings over
the past two(2)years. All of the meetings and public hearings were publicly noticed and interested
members of the public were encouraged to participate. In addition, the Cable Advisory Board
ordered a financial audit and a technical audit of Charter, in addition to touring Charter's facilities
itself As a result, the Cable Advisory Committee has answered all four of the above questions in
the affirmative,and makes a positive recommendation for the renewal of the franchise with Charter.
As a prerequisite to implementing the franchise renewal,the Cable Advisory Board has worked with
the Administration, the Office of the City Attorney and the City's outside counsel for cable
television and telecommunications matters, Leibowitz & Associates, to prepare the proposed
Ordinance in order to establish a general framework for the application process for new franchises
and renewals. The proposed Ordinance requires every cable television operator to have a franchise
from the City; sets forth the characteristics of a franchise; regulates the application and renewal
process, as well as the process for modifications and transfers of franchises; sets forth fees in
connection with the granting and transfer of franchises; sets forth standards for granting franchises;
requires insurance and indemnification from franchisees;requires construction bonds when facilities
2
are being constructed; requires certain minimum facilities,technical and service standards, as well
as customer service requirements; and requires support for public, education and government
channels, such as Channel 20, which broadcasts all City Commission meetings, and certain
committee and board meetings and public service announcements. The proposed Ordinance also sets
the franchise fee to be paid to the City by cable operators and a schedule of fines for violation of the
Ordinance. Any other cable system operators that apply for franchises will be subject to the
proposed Ordinance.
Based upon the foregoing, and the positive recommendation of the Cable Advisory Board, the
Administration hereby recommends adoption of the proposed Ordinance.
JMG/LAL/bf
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F:\ATTO\LEVL\FRANCHIS\CABLRENW\Commission Memo OM I-ID-H.wpd 3
CITY OF MIAMI BEACH •
NOTICE OF PUBLIC HEARINGS
' NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida, on Wednesday, January 10, 2001, at the times listed below, to consider the adoption
of the following ordinances:
at 10:30 a.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 3, ENTITLED
"ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION" BY AMENDING SECTION 118-563 TO CLARIFY, MODIFY
AND EXPAND THE REVIEW PROCEDURES AND STANDARDS FOR STAFF REVIEW OF
CERTIFICATES OF APPROPRIATENESS, BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 4,
ENTITLED "DESIGNATION"BY AMENDING SECTION 118-593 TO AMEND THE TIMEFRAMES FOR
OBTAINING A DEMOLITION PERMIT PURSUANT TO HISTORIC DESIGNATION; PROVIDING FOR
INCLUSION IN THE CITY CODE;PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
at 11:00 a.m.:
AN ORDINANCE AMENDING THE CODE OF CITY OF MIAMI BEACH BY AMENDING CHAPTER 6
ENTITLED "ALCOHOLIC BEVERAGES", BY AMENDING SECTION 6-3 ENTITLED "HOURS OF SALE"
BY EXTENDING THE HOURS OF SALE OF OFF-PREMISES ALCOHOLIC BEVERAGES FROM 10 P.M.
TO 11 P.M.; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
at 11:15 a.m.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 6 ENTITLED "ALCOHOLIC BEVERAGES", SECTION 6-5 ENTITLED PATRON AGE
RESTRICTIONS,BY REVISING THE PENALTIES FOR VIOLATIONS OF SECTION 6-5;PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
Inquiries may be directed to the Legal Department at (305) 673-7470.
at 11:30 a.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES' SALARY
ORDINANCE, FOR THE CLASSIFICATIONS IN GROUP V, BEING THOSE CLASSIFICATIONS
COVERED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, IN ACCORDANCE
WITH THE NEGOTIATED AGREEMENT, CHANGING THE MINIMUM OF THE RANGES TO REFLECT
THE CURRENT CLASSIFICATION AND PAY SYSTEM, RETROACTIVELY, EFFECTIVE WITH THE
FIRST PAY PERIOD ENDING IN OCTOBER 2000; INCREASING THE MINIMUM AND MAXIMUM OF
THE RANGES IN 2001 AND 2002 IN ACCORDANCE WITH THE CLASSIFICATION AND PAY SYSTEM;
INCREASING THE SALARY OF EACH EMPLOYEE, RETROACTIVELY, BY 2%EFFECTIVE THE FIRST
PAY PERIOD ENDING IN OCTOBER 2000; INCREASING THE SALARY OF EACH EMPLOYEE
ACCORDING TO THE CONSUMER PRICE INDEX-U (ALL URBAN CONSUMERS) IN 2001 AND 2002
EFFECTIVE WITH THE FIRST PAY PERIOD ENDING IN OCTOBER 2001 AND OCTOBER 2002,
RESPECTIVELY;WITH NO EMPLOYEE TO EXCEED THE MAXIMUM OF THE NEW RANGE AT ANY
TIME; PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATES.
•
Inquiries may be directed to the Human Resources Department at (305) 673-7524. �►
at 2:00 p.m.:
AN ORDINANCE PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE
TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING
TO THE GRANT OF FRANCHISES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON,
ACROSS, ABOVE OR THAT IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS
OF WAYS AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAY IS IN THE
PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
CONFLICTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING A SAVING
CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express
their views in writing addressed to the City Commission, do the City Clerk, 1700 Convention Center Drive, 1st
Floor, City Hall, Miami Beach, Florida 33139. Copies of this ordinance are available for public inspection during
normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice
would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to
participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding,
telephone(305)673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800)
955-8771 (TDD) or(800) 955-8770 (VOICE), for assistance.
Please publish Sunday,December 31,2000 Display Ad Miami Herald Beach Neighbors
Ad Number 0003
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