HomeMy Public PortalAbout2005-38 VKB opposes federal legislation re_ Communication ServicesRESOLUTION NO. 2005-38
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA URGING
CONGRESS TO ENSURE MUNICIPAL AUTHORITY TO
REQUIRE LOCAL FRANCHISES FOR THE PROVISION OF
VIDEO SERVICES WITHIN ITS JURISDICTION, TO
PROTECT EXISTING CABLE FRANCHISES AND CABLE
FRANCHISING AUTHORITY, AND TO PROTECT
MUNICIPAL AUTHORITY TO PROVIDE
COMMUNICATIONS SERVICES, AND DIRECTING THAT
THIS RESOLUTION BE FORWARDED TO THE FLORIDA
CONGRESSIONAL DELEGATION, OTHER MEMBERS OF
CONGRESS, AND TO THE NATIONAL LEAGUE OF CITIES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, current law requires cable television operators to obtain a local franchise
agreement from cities before a cable television operator offers video services to its 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, Adelphia Communications Corporation through its subsidiary Key Biscayne
Cablevision, currently owns, operates, and maintains a cable television system and provides cable
service to the residents of the Village of Key Biscayne ("Village"), pursuant to a License Agreement
entered on November 14, 2001, with the Village; and
WHEREAS, Chapter 8AA, Article I of the Miami -Dade County Code, provides for the
issuance and regulation of cable television licenses for, and the installation, construction and
operation of, cable television systems within the Village; and
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WHEREAS, the two largest telephone companies, SBC and Verizon, have announced their
intent to offer video services; and
WHEREAS, these companies 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 in
cities without obtaining a local franchise agreement; and
WHEREAS, cities should have the authority to negotiate and enforce local franchise
agreements to obtain needed services, including institutional networks and the provision of Public,
Educational and Government (PEG) access channels, which cities can use to provide messages and
important information to their residents; 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, H.R. 3146 has been filed by U.S. Representatives Marsha Blackburn
(Tennessee) and Albert Wynn (Maryland) and S. 1349 by U.S. Senators Gordon Smith (Oregon) and
Jay Rockefeller (West Virginia) that would create a national cable/video franchise, thus bypassing
the local franchising process; and
WHEREAS, U.S. Senators John Ensign (Nevada) and John McCain (Arizona) filed S. 1504
titled the "Broadband Investment and Consumer Choice Act" 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 governments to provide communications
services; and
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WHEREAS, for these reasons, the Village Council of the Village of Key Biscayne finds that
it should oppose this proposed legislation and urges the Florida Congressional Delegation, other
members of Congress and the National League of Cities to oppose such proposed legislation; and
WHEREAS, the Village Council finds that it would be in the public interest to forward this
Resolution to the Florida Congressional Delegation, other members of Congress and to the National
League of Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAEG OF KEY BISCAYNE, FLORIDA THAT:
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 Village Council of the Village of Key Biscayne opposes federal
legislation that creates a national video franchising process preempting the Village from requiring
a local franchise agreement from telephone companies to provide video services in the Village,
extinguishes existing cable franchises and licenses and restricts the authority of local governments
to provide communications services.
Section 3: That the Village of Key Biscayne urges members of Florida's Congressional
Delegation, other members of Congress and the National League of Cities to oppose this legislation
and protect the Village's local franchising authority over video services and its ability to provide
communications services.
Section 4: The Village Clerk is hereby directed to immediately distribute this Resolution
to the Florida Congressional Delegation, other members of Congress and the National League of
Cities.
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Section 5: Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 11th day of October , 2005.
/(Z ota-tt L ---:--
MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED A . TO FORM AND LEGAL SUFFICIE
•
VILLAG ATT !i' EY
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