HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-061Temp. Reso. #10942- April 17, 2006
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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
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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
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Temp. Reso. #10942- April 17, 2006
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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
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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.
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SAMUEL S. GOREN
CITY ATTORNEY
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