Res 13-06
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RESOLlJI10N 13-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, URGING CONGRESS, THE
FLORIDA LEGISLATURE AND THE GOVERNOR TO
ENSURE LOCAL GOVERNMENT AUTHORITY TO REQUIRE
LOCAL FRANCHISES FOR THE PROVISION OF VIDEO
SERVICES WITHIN ITS JURISDICTION, TO PROTECT
EXISTING CABLE FRANCHISES AND LOCAL
GOVERNMENT FRANCHISING AUTHORITY, AND TO
PROTECT LOCAL GOVERNMENTS' AUTHORITY TO
PROVIDE COMMUNICATIONS SERVICES, AND
DIRECTING THAT THIS RESOLUTION BE FORWARDED
TO APPROPRIATE MEMBERS OF CONGRESS AND THE
FLORIDA LEGISLATURE, THE GOVERNOR OF FLORIDA,
THE NATIONAL LEAGUE OF CITIES, AND THE FLORIDA
LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach (the "City") has adopted Ordinance No. 10-05,
providing for the installation, construction and operation of cable television systems in the City; and
WHEREAS, the City has granted a cable television franchise to Adelphia Cable; and
WHEREAS, current law requires cable television operators to obtain a local franchise
agreement from local governments before a cable television operator offers video services to the
local government's residents; and
WHEREAS, the obligation to obtain a local franchise to provide video services stems both
from inherent local government authority over the use of rights-of-way and from the federal 1992
Cable Act, Title VI; and
WHEREAS, the City has, through the franchising process, obtained benefits that satisfy the
cable television related needs of the community, including the provision of an I -NET, free services
to schools and governmental facilities, a capital grant, enforcement of customer service, and other
.
I
\
services that support important educational and public interests; and
WHEREAS, AT&T and Verizon have announced their intent to offer video services and are
seeking federal legislation, potentia1ly as part of the rewrite of the federal Communications Act,
which restructures the local franchising process and creates a national video franchise permitting
telephone companies to offer video programming within local government jurisdictions without
obtaining a local franchise agreement; and
WHEREAS, Legislation is being considered in Florida to create a state video franchise process
that would allow the provision of video services within local government jurisdictions without
obtaining a local franchise agreement; and
WHEREAS, local government jurisdictions should have the authority to obtain and enforce
local franchise agreements to obtain needed services such as the services the City has obtained
pursuant to its franchises; and
WHEREAS, the requirement of obtaining a local franchise is not a burden to telephone
companies' provision of cable television services, as evidenced by the number of existing franchises
with BellSouth; and
WHEREAS, Cities should have the authority to provide communications services, including
internet, cable and telephone services, for the benefit of local residents and economic development
purposes, without undue interference from the federal or state governments; and
WHEREAS, the U.S. House of Representatives is considering a bill that would create a
national cable/video franchise, thus bypassing the local franchising process; and
2
Resolution No. 13-06
WHEREAS, the U.S. Senate has filed a similar bill that prohibits state and local governments
from requiring a franchise for the provision of video services, extinguishes existing cable franchises,
and restricts the authority of local government to provide communications services; and
WHEREAS, for these reasons, the City Commission of Delray Beach finds that it
opposes this proposed federal legislation and urges members of Congress to oppose such proposed
legislation; and
WHEREAS, the City finds that it opposes Florida legislation that would create a state video
franchise process and eliminate local cable franchises and urges members of the Florida legislature
and the Governor to oppose such legislation; and
WHEREAS, the City finds that it would be in the public interest to forward this Resolution
to appropriate members of Congress and the Florida Legislature, Governor Jeb Bush, the National
League of Cities, and the Florida League of Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DELRAY BEACH CITY
COMMISSION:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon its adoption.
Section 2. That the City opposes federal legislation that creates a national video
franchising process preempting the City from requiring a local franchise agreement from telephone
companies to provide video services in the City, extinguishes existing cable franchises, and
restricts the authority of local governments to provide communications services.
3
Resolution No. 13-06
(
Section 3. The City urges members of Congress to oppose this legislation and protect the
City's local franchising authority over video services and its ability to provide communications
setV1ces.
Section 4. The City opposes Florida legislation that would create a state video franchise
process preempting the City from requiring a local franchise to provide cable and video services, and
urges the Governor and the members of the Florida Legislature to oppose such legislation.
Section 5. The City is hereby directed to immediately distribute this Resolution to
appropriate members of Congress and the Florida Legislature, Governor Jeb Bush, the National
League of Cities, and the Florida League of Cities.
Section 6. That this Resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED in regular session on this the lo~day of ~~ J
2006.
8~o~ ~
ATTEST:
~ ~. '\). ~\~-:.~
City Clerk
4
Resolution No. 13-06
01\
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[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
201l !\W '" AVEr-:t T.' IlELRAY BEACH. FLORIDA 33444
TTlrPHONE: ."i6112.:.1-,1..7()()()' FACSI!VlII.E: 561/278-4755
DELRAY BEACH
, tOR I D ~
II:IIf.lD:II
AII.Amerlca City
" III! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
March 2, 2006
1993
2001
TO:
FROM:
City Commission
David Harden, Qj!y.Manager
r<-- ~
Brian Shutt, Assistant City Attorney
SUBJECT: Resolution ODDosina Removal of Local Cable Franchise Authoritv
There are currently a number of bills at the Federal and State level that, if passed,
would essentially preempt local government franchising authority and replace it
with State or Federal authority. The bills are troubling in that if the franchising
authority is taken away from the local level (municipalities) the City would lose
many of the current benefits that it has under its franchise authority, such as, PEG
channels, free service to City buildings and schools, and the capital grant that we
currently receive from Adelphia.
lIa Feld, Esq., the City's outside cable consultant, has drafted the attached
resolution opposing the bill. Once approved, this Resolution would be forwarded
to the appropriate members of the U.S. Congress, Florida Legislature and the
Governor as well as the Florida and National League of Cities.
Our office requests that this item be placed on the March 6, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Doug Smith, Asst. City Manager
<3G
Resolution 13-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, URGING
CONGRESS, THE FLORIDA LEGISLATURE AND THE
GOVERNOR TO ENSURE LOCAL GOVERNMENT
AUTHORITY TO REQUIRE LOCAL FRANCHISES FOR THE
PROVISION OF VIDEO SERVICES WITHIN ITS
JURISDICTION, TO PROTECT EXISTING CABLE
FRANCHISES AND LOCAL GOVERNMENT
FRANCHISING AUTHORITY, AND TO PROTECT LOCAL
GOVERNMENTS' AUTHORITY TO PROVIDE
COMMUNICATIONS SERVICES, AND DIRECTING THAT
THIS RESOLUTION BE FORWARDED TO APPROPRIATE
MEMBERS OF CONGRESS AND THE FLORIDA
LEGISLATURE, THE GOVERNOR OF FLORIDA, THE
NATIONAL LEAGUE OF CITIES, AND THE FLORIDA
LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach (the "City") has adopted Ordinance No. 10-
05, providing for the installation, construction and operation of cable television systems
in the City; and
WHEREAS, the City has granted a cable television franchise to Adelphia Cable;
and
WHEREAS, current law requires cable television operators to obtain a local
franchise agreement from local governments before a cable television operator offers
video services to the local government's residents; and
WHEREAS, the obligation to obtain a local franchise to provide video services
stems both from inherent local government authority over the use of rights-of-way and
from the federal 1992 Cable Act, Title VI; and
WHEREAS, the City has, through the franchising process, obtained benefits that
satisfy the cable television related needs of the community, including the provision of an
I-NET, free services to schools and governmental facilities, a capital grant, enforcement
of customer service, and other services that support important educational and public
interests; and
WHEREAS, AT&T and Verizon have announced their intent to offer video
services and are seeking federal legislation, potentially as part of the rewrite of the
federal Communications Act, which restructures the local franchising process and
creates a national video franchise permitting telephone companies to offer video
programming within local government jurisdictions without obtaining a local franchise
agreement; and
WHEREAS, Legislation is being considered in Florida to create a state video
franchise process that would allow the provision of video services within local
government jurisdictions without obtaining a local franchise agreement; and
WHEREAS, local government jurisdictions should have the authority to obtain
and enforce local franchise agreements to obtain needed services such as the services
the City has obtained pursuant to its franchises; and
WHEREAS, the requirement of obtaining a local franchise is not a burden to
telephone companies' provision of cable television services, as evidenced by the
number of existing franchises with BellSouth; and
WHEREAS, Cities should have the authority to provide communications
services, including internet, cable and telephone services, for the benefit of local
residents and economic development purposes, without undue interference from the
federal or state governments; and
WHEREAS, the U.S. House of Representatives is considering a bill that would
create a national cable/video franchise, thus bypassing the local franchising process;
and
WHEREAS, the U.S. Senate has filed a similar bill that prohibits state and local
governments from requiring a franchise for the provision of video services, extinguishes
existing cable franchises, and restricts the authority of local government to provide
communications services; and
WHEREAS, for these reasons, the City Commission of Delray Beach finds
that it opposes this proposed federal legislation and urges members of Congress to
oppose such proposed legislation; and
WHEREAS, the City finds that it opposes Florida legislation that would create a
state video franchise process and eliminate local cable franchises and urges members
of the Florida legislature and the Governor to oppose such legislation; and
WHEREAS, the City finds that it would be in the public interest to forward this
Resolution to appropriate members of Congress and the Florida Legislature, Governor
Jeb Bush, the National League of Cities, and the Florida League of Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DELRAY BEACH CITY
COMMISSION:
Section 1. The foregoing 'Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon its
adoption.
Section 2. That the City opposes federal legislation that creates a national
video franchising process preempting the City from requiring a local franchise
agreement from telephone companies to provide video services in the City,
extinguishes existing cable franchises, and restricts the authority of local governments
to provide communications services.
Section 3. The City urges members of Congress to oppose this legislation and
protect the City's local franchising authority over video services and its ability to provide
communications services.
Section 4. The City opposes Florida legislation that would create a state video
franchise process preempting the City from requiring a local franchise to provide cable
and video services, and urges the Governor and the members of the Florida Legislature
to oppose such legislation.
Section 5. The City is hereby directed to immediately distribute this Resolution
to appropriate members of Congress and the Florida Legislature, Governor Jeb Bush,
the National League of Cities, and the Florida League of Cities.
Section 6. That this Resolution shall be in full force and effect immediately upon
its adoption.
PASSED AND ADOPTED in regular session on this the _ day of
,2006.
MAYOR
ATTEST:
City Clerk