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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-061Temp. Reso. #10942- April 17, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, URGING CONGRESS AND THE FLORIDA LEGISLATURE TO OPPOSE LEGISLATION THAT ELIMINATES THE CABLE FRANCHISING RIGHTS OF LOCAL GOVERNMENTS; DIRECTING THAT THIS RESOLUTION BE FORWARDED TO FLORIDA'S CONGRESSIONAL DELEGATION, THE GOVERNOR, THE BROWARD COUNTY LEGISLATIVE DELEGATION, BROWARD COUNTY LEAGUE OF CITIES, AND THE FLORIDA LEAGUE OF CITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Federal and Florida law require that cable television operators obtain a franchise from local governments before they may offer cable services to residents; and WHEREAS, the obligation to obtain a local franchise to provide video services stems both form inherent local government authority over the use of rights -of -way and from the federal 1992 Cable Act Title VI; and WHEREAS, the City of Tamarac through the franchising process obtained benefits that satisfy the cable television related needs of the community, including free services to schools and governmental facilities; and WHEREAS, legislation is currently pending within the United States Congress and the State of Florida Legislature that would eliminate local government franchising rights including HR 3146, S 1349, Florida HB 1199, Florida SB 1254 and Florida SB 1984; and Temp. Reso. #10942- April 17, 2006 Page 2 WHEREAS, the legislation is not in the best interests of the City's residents for the following reasons: (1) It fails to contain any qualifications to obtain a State or Federal -issued franchise; (2) It allows existing cable providers to terminate existing franchises under certain conditions thus reducing competition and important consumer benefits; (3) It provides arbitrary limits on public, educational and government access channels that will result in students, teachers, non-profit agencies, religious organizations and local governments not having sufficient access to such channels; (4) It fails to contain provisions to support programming for public, educational and government access channels that will severely restrict the ability of governments, schools, non-profit, and religious organizations to communicate with residents; (5) It transfers customer service authority with minimal standards for State -issued franchises to the Florida Department of Agriculture & Consumer Affairs, while maintaining broader local government customer service authority under existing franchises, thus confusing consumers and government agencies and creating conflicting standards; (6) It fails to contain provisions requiring franchisees under a State -issued franchise to provide emergency messages during hurricanes and other emergencies; and (7) It fails to allow for Institutional Networks thus costing taxpayers millions of dollars to maintain vital communications for police, fire, and other government personnel; and WHEREAS, cities should have the authority to negotiate and enforce local franchise agreements to obtain needed services; and WHEREAS, the City Manager recommends that Congress and the Florida Legislature be urged to oppose legislation that eliminates the cable franchising rights of local governments; and 1 Temp. Reso. #10942- April 17, 2006 Page 3 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac that Congress and the Florida Legislature be urged to oppose legislation that eliminates the cable franchising rights of local governments. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; 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 adoption hereof. SECTION 2: The City Commission of the City of Tamarac opposes federal and state legislation that creates a video franchising process that pre-empts the City from requiring a local franchise agreement from telephone companies to provide video services in the City. SECTION 3: The City Clerk is hereby directed to distribute immediately this Resolution to Florida's Congressional delegation, the Governor, the Broward County legislative delegation, Broward League of Cities, and the Florida League of Cities; SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #10942- April 17, 2006 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of APi' b ( , 2006. BETH FLANSBAUM-TALA I O MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION S NSON, CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. f� z SAMUEL S. GOREN CITY ATTORNEY 7