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