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Home My WebLink About98-22957 RESO RESOLUTION NO. 98-22957 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING AN AD HOC COMMITTEE TO BE KNOWN AS THE "MIAMI BEACH CABLE ADVISORY BOARD" TO ADVISE THE MA YORAND CITY COMMISSION WITH REGARD TO THE RENEWAL OF THE RIFKIN NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP (D/B/A "CABLEVISION") NON-EXCLUSIVE CABLE TELEVISION FRANCHISE WITHIN THE CITY LIMITS OF THE CITY OF MIAMI BEACH; APPOINTING THE MEMBERS OF SAID BOARD; EST ABLISHING THE DUTIES AND RESPONSIBILITIES OF SAID BOARD AND THE PERIOD OF TIME THAT SAID BOARD SHALL REMAIN IN EXISTENCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is a "franchising authority" as defined in the Cable Communications and Policy Act of 1984,47 U.S.C.A. 9521 et. seq. (the "Cable Act"); and WHEREAS, the Cable Act provides that during the six 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 (I) 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. 9546); and WHEREAS, the non-exclusive cable television franchise held by Rifkin Narragansett South Florida Catv Limited Partnership (d/b/a, and hereinafter referred to as, "CableVision") will terminate in February, 2001; and WHEREAS, the Cable Vision has requested that the City commence the process to determine whether its non-exclusive cable television franchise (the "Franchise") within the City should be renewed for an additional period of ten (10) years from February, 2001; and WHEREAS, it is in the best interest ofthe residents and citizens of the City of Miami Beach that there be maximum community input into the aforementioned process of determining whether the Franchise should be renewed. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 2. Section 3. There is hereby established an ad hoc committee to be known as the "Miami Beach Cable Advisory Board" (the "Cable Board") which shall consist of persons who are citizens of the City of Miami Beach. The Mayor and City Commission shall appoint the initial members of the Cable Board. The Mayor and City Commission may remove any member of the Cable Board at any time for cause. In the event of the removal, resignation or death of any member of the Cable Board, the Mayor and City Commission may appoint a citizen of the City to replace such member. The duties and responsibilities of the Cable Board shall be as follows: (a) The Cable Board shall hold at least two (2) public workshops to (i) identify the future cable-related community needs and interests, and (ii) review the performance of the cable operator under the franchise during the current franchise term. Said workshops shall be held during the month of January, 1999, and at least one of said workshops shall be held after 5:00 p.m. in order to assure maximum participation by members of the community. (b) After the aforementioned workshops have been held and Cable Vision has submitted its formal proposal requesting that the Franchise be renewed (the "~gR.mI:Proposal"), the Cable Board shall produce a report in draft form (the "Draft Report") to the Mayor and City Commission with respect to the advisability of renewing the Franchise. Said Draft Report shall address the following four (4) issues: (i) Whether the Cable Vision has substantially complied with the material terms of its existing franchise agreement and applicable law; (ii) Whether the quality of Cable Vision's service has been reasonable in light of community needs; (iii) Whether CableVision has the financial, legal and technical ability to provide the services, facilities, and equipment as set forth in its proposal; and (iv) Whether CableVision's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost thereof. (c) A copy of the Draft Report shall be filed in the Office of the City Clerk and copies of it shall be available to the public. It is the intention of the Mayor F:\A"r1UILEVLlFRANCllIS\CAIlLRENW\ADI{()('('OM.RES Ocloher2J.199H(3:49pm) Page 2 and City Commission that the Draft Report be given the widest dissemination possible. (d) In March, 1999, the Cable Board shall hold a final workshop (which shall be held after the hour of 5:00 p.m. to reconcile, to the extent possible, the Draft Report and the Fefffitll- Proposal. Within twenty (20) days of said final workshop, the Cable Board shall deliver a final report (the "Final Report") to the Mayor and City Commission, which Final Report shall recommend whether or not the Franchise should be renewed. Section 4. The Cable Board shall continue in existence until the earlier of (a) the adoption of a resolution by the Mayor and City Commission determining whether or not to renew the Franchise, or (b) February 28, 2001. Section 5. The members of the Cable Board shall select a chairperson from among themselves. All business ofthe Cable Board shall be conducted in accordance with the Sunshine Law, S286.011, F.S. and in accordance with the rules and regulations of the City applicable to City committees and boards generally, and all records of the Cable Board shall be public records within the meaning of Chapter 119, F. S. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this ~ day of November , 1998. ATTEST: Ci~J f iUdv--- ~II MA YOR ~b:t~ t:f~ 6I:~' -PROVED AS TO ~ & LANGUAGE :OR EXECUTION ~ ity Attorney ~d/'V#t Date 1':\ATlUII,EVUFRANCllISICAULRENW\ADlIOCCOM.RES (k:I"h~r2J.19911(J:49pm) fTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 tp:\\ci. miam i-beach. fl. us ~ITY OF MIAMI BEACH TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 11../1, , I ~ Mayor Neisen O. Kasdin and Members of the City Commission Sergio Rodriguez U_~_ City Manager ~ DATE: November..f, 1998 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING AN AD HOC COMMITTEE TO BE KNOWN AS THE "MIAMI BEACH CABLE ADVISORY BOARD" TO ADVISE THE MAYOR AND CITY COMMISSION WITH REGARD TO THE RENEWAL OF THE RIFKIN NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP (D/B/A "CABLEVISION") NON-EXCLUSIVE CABLE TELEVISION FR~NCHISE WITHIN THE CITY LIMITS OF THE CITY OF MIAMI BEACH; APPOINTING THE MEMBERS OF SAID BOARD; ESTABLISHING THE DUTIES AND RESPONSIBILITIES OF SAID BOARD AND THE PERIOD OF TIME THAT SAID BOARD SHALL REMAIN IN EXISTENCE; AND PROVIDING AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: Rifkin Narragansett South Florida CATV Limited Partnership ("Cable Vision") is presently the sole cable television franchise in the City of Miami Beach. This non-exclusive franchise \vill expire in February 2001. CableVision has requested that the City renew its franchise for a period often years from February, 2001. In order to assess the merits of this request, and to identify future community needs and interests, the City of Miami Beach as the franchising authority. must, at the request of the franchise, begin a public process and encourage participation and community input within a six month period commencing thirty-six months prior to the franchise expiration. Therefore. the Administration recommends the creation of an Ad Hoc Board to oversee this process. AGENDA ITEM ~ I C. DATE ll-lf--9 ~ ANALYSIS: The Cable Communications and Policy Act of 1984 ("Cable Act") allows for a six-month public evaluation in the period which begins with the 36th month before franchise expiration. Therefore, the Administration recommends an Ad Hoc Committee be established and known as the "Miami Beach Cable Advisory Board" ("Board"). This Board of five Miami Beach residents shall hold a series of public workshops and then make recommendations to the City Commission regarding future community needs and the advisability of renewing the Cable Franchise Agreement. In March 1999, the Board will hold a final workshop and subsequently issue a final report to the City Commission. The City Commission will then adopt a resolution to renew or end the Franchise Agreement on February 28, 2001. CONCLUSION: Adopt the Resolution establishing the City of Miami Beach Cable Advisory Board. SR:~:lcd I Attachment F:\CMGR\$ALL \COMMEMO.98\CABLEVIS,MEM 2