HomeMy Public PortalAbout1990 County Reso R-706-90 Granting License Renewal Village-Adelphia 7-24-90MEMORANDUM
Agenda Item No. 2(uu)
FROM:
Honorable Mayor and Members DATE:
Board of County Commissioners
J •'qui G. Avino, P.E., P.L.S.
County Manager
SUBJECT:
July 24, 1990
Cable Television
License Renewal
Adelphia Cable
Partners, L.P.
RECOMMENDATION:
It is recommended that the Board approve the attached resolution which
approves the cable television license renewal of Adelphia Cable
Partners, L.P. for a period of ten (10) years beginning March 3, 1991,
the date its existing license expires, through March 3, 2001.
BACKGROUND:
In 1984, Congress adopted the Cable Communications Policy Act which
redefined some of the relationships existing between local governments
and their cable operators. A key provision of the Cable Act establishes
procedural guidelines and timeframes to be followed for the renewal of
cable television licenses. The procedure includes a review of the past
performance of the cable operator and an assessment of the future cable
related needs and interests of the community. A local government may
require that any renewal proposal submitted by the cable operator
address those needs.
On May 7, 1990, Adelphia submitted an initial renewal proposal that
continued the terms and conditions of the existing license. The
existing license terms were adopted in 1974, a decade before the Cable
Act, and do not contain certain basic needs, such as customer service
standards, enforcement remedies and adequate reporting requirements. The
initial proposal was rejected by the Board on July 10, 1990.
Adelphia and Dade County staff have negotiated new terms and conditions
that meet the needs and interests of the community. Those terms and
conditions are contained in the "Dade County 1990 Cable T.V. Ordinance"
that appears on today's agenda sponsored by Commissioner Hawkins.
Adelphia has accepted the "Dade County 1990 Cable T.V. Ordinance" as its
new renewal proposal.
It is therefore recommended that the Board approve the attached
resolution to renew Adelphia's cable television license under the terms
and conditions of the "Dade County 1990 Cable T.V. Ordinance".
Attachment
Agend. Item No. 2(uu)
7-24-90
RESOLUTION NO. R-706-90
RESOLUTION GRANTING ADELPHIA CABLE PARTNERS,
L.P., D/B/A ADELPHIA CABLE COMMUNICATIONS,
RENEWAL OF A NON-EXCLUSIVE CABLE TELEVISION
LICENSE; GRANTING ADELPHIA CABLE PARTNERS,
L.P. A NON-EXCLUSIVE LICENSE AND PRIORITY
SERVICE AREA; GRANTING KEY BISCAYNE
CABLEVISION A NON-EXCLUSIVE PRIORITY SERVICE
AREA; GRANTING CERTAIN RIGHTS AND PRIVILEGES
WITHIN SAID AREAS TO ADELPHIA CABLE PARTNERS,
L.P.; PROVIDING TERMS AND CONDITIONS OF THE
RENEWAL LICENSE; AND PROVIDING FOR FUTURE
CONSIDERATIONS BY THE COUNTY COMMISSION
WHEREAS, on March 3, 1981, by Resolution No. R-303-81, the
Board granted Americable Associates renewal of a non-exclusive
cable television license for unincorporated Dade County, Homestead
and Florida City for a period of ten (10) years; and
WHEREAS, on July 20, 1982, by Resolution R-1002-82, the Board
granted Americable Associates a non-exclusive priority service
area; and
WHEREAS, on October 26, 1986, the County Manager approved the
purchase of Americable Associates cable television license by South
Dade Cablevision, d/b/a Adelphia Cable Communications, excluding
certain areas referenced in Mr. Charles Hermanowski's July 30, 1986
letter to the County Manager; and
WHEREAS, on August 3, 1987, the County Manager approved the
purchase of the cable television license on Key Biscayne by South
Dade Cablevision and its partner Vincent Laurendi, which was
constituted as Key Biscayne Cablevision and does business as
Adelphia Cable Communications; and
Agenda Item No. 2(uu)
Page No. 2
WHEREAS, on December 15, 1989, the County Manager approved the
transfer of South Dade Cablevision's cable television license to
Adelphia Cable Partners, L.P.; and
WHEREAS, on December 29, 1984, the federal Cable
Communications Policy Act of 1984 came into effect, which provided
for a procedure for the renewal of cable television licenses; and
WHEREAS, on March 29, 1988, Adelphia Cable Communications
requested renewal of its cable television license and invoked the
formal renewal procedures of the Cable Act of 1984; and
WHEREAS, Dade County has reviewed the past performance of
Adelphia Cable Communications and has identified the future cable
related needs and interests of the community; and
WHEREAS, on July 10, 1990, by Resolution No. R-636-90, the
Board preliminarily denied the initial renewal proposal submitted
by Adelphia Cable Communications; and
WHEREAS, Dade County and Adelphia Cable Communications have
negotiated terms and conditions that meet the needs and interests
of the community, which terms and conditions, known as the "Dade
County 1990 Cable T.V. Ordinance", shall govern the renewal license
and shall be included in the Code of Metropolitan Dade County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that:
Agenda tem No. 2(uu)
Page No. 3
Section 1. Adelphia Cable Partners, L.P. is hereby granted a
renewal of a non-exclusive cable television license for a period of
ten (10) years beginning March 3, 1991 and ending March 3, 2001.
The terms and conditions of the license are set forth in the "Dade
County 1990 Cable T.V. Ordinance".
Section 2. Pursuant to the license referred to in Section 1,
Adelphia Cable Partners, L.P. is hereby granted a non-exclusive
license area including the cities of Homestead, Florida City and
all of unincorporated Dade County, but excluding the portions of
unincorporated Dade County bounded as follows:
on the north by a line commencing at the Palmetto
Expressway (S.W. 77 Avenue) and S.W. 8 Street
(Tamiami Trail) and running generally west to east
along S.W. 8 Street to S.W. 67 Avenue (Ludlam Road),
along S.W. 67 Avenue to S.W. 24 Street (Coral Way),
and along the city limits of the City of West Miami
to S.W. 16 Street and S.W. 57 Avenue (Red Road);
on the east by a line commencing at S.W. 16 Street
and S.W. 57 Avenue and running generally north to
south along S.W. 57 Avenue to S.W. 72 Street (Sunset
Drive), along. S.W. 72 Street to S.W. 47 Avenue,
along S.W. 47 Avenue to Old Cutler Road, along Old
Cutler Road to S.W. 88 Street (Kendall Drive);
on the south by a line commencing at S.W. 88 Street
and Old Cutler Road, along S.W. 88 Street to S.W. 67
Avenue, along S.W. 67 Avenue to S.W. 104 Street,
along S.W. 104 Street to S.W. 87 Avenue (Galloway
Road), along S.W. 87 Avenue to S.W. 94 Street, along
S.W. 94 Street to S.W. 97 Avenue, along S.W. 97
Avenue to S.R. 874; and
on the west by a line commencing at S.R. 874 and
S.W. 97 Avenue and running generally south to north
along S.R. 874 to S.W. 78 Street, along S.W. 78
Street to S.W. 69 Avenue, along S.W. 69 Avenue to
S.W. 56 Street, along S.W. 56 Street to the Palmetto
Expressway, along the Palmetto Expressway and ending
at S.W. 8 Street (Tamiami Trail).
4
Agenda Item No. 2(uu)
Page No. 4
Section 3. Adelphia Cable Partners, L.P. is hereby granted a
priority service area bounded as follows:
1. That area lying south and west by a line
commencing at S.W. 8 Street (Tamiami Trail) and S.W.
177 Avenue (Krome Avenue), running west to east
along S.W. 8 Street to S.W. 142 Avenue, then south
along S.W. 142 Avenue to S.W. 42 Street, then west
to S.W. 157 Avenue, then south to S.W. 72 Street and
running generally west to east along S.W. 72 Street
to the Homestead Extension of the Florida Turnpike,
along the Homestead Extension of the Florida
Turnpike to theoretical S.W. 82 Street, then east
along theoretical S.W. 82 Street to State Road 874,
along State Road 874 to S.W. 112 Street, along S.W.
112 Street to U.S. 1, along U.S. 1 to S.W. 132
Street, and along S.W. 132 Street to S.W. 57 Avenue;
and including the cities of Florida City and
Homestead.
2. That area bounded on the north by N.W. 79
Street, on the east and south by the city limits of
the City of Miami, on the west by a line commencing
at N.W. 42 Avenue (Le Jeune Road) and the City of
Miami and running generally south to north along
N.W. 42 Avenue to N.W. 36 Street, along N.W. 36
Street to the eastern boundary of the City of
Hialeah, continuing north along the eastern boundary
of the City of Hialeah and ending at N.W. 79 Street.
Section 4. Pursuant to the license referenced in Section 1,
Key Biscayne Cablevision is hereby granted a non-exclusive priority
service area on Key Biscayne.
Section 5. Adelphia Cable Partners, L.P. shall have the right
and privilege to install and operate a cable television system
within the above described priority service areas providing that
Adelphia Cable Partners, L.P. complies with the Dade County 1990
Cable T.V. Ordinance, all other applicable provisions of the Code
of Metropolitan Dade County, and all rules and regulations adopted
pursuant to the provisions of the Code.
Agenda tem No. 2(uu)
Page No. 5
Section 6. Adelphia Cable Partners, L.P. shall not provide
cable television service in any areas of Dade County except as
provided for in Section 3 and Section 4 of this resolution or in
such areas as may be approved by the County Manager in accordance
with the rules and regulations approved by this Commission or in
such areas as may be authorized by this Commission pursuant to
applications submitted and approved in accordance with the Code of
Metropolitan Dade County.
Section 6. All past and future audit discrepancies and
license fee recomputations shall remain the responsibility of
Adelphia Cable Partners, L.P., its successors or assigns.
Section 7. Nothing contained herein shall in any way preclude
the County Commission from taking any actions in accordance with
the power, authority, and jurisdiction provided the Commission as
prescribed within the Code of Metropolitan Dade County, Florida,
including but not limited to granting new licenses, amending
existing licenses, and/or repealing existing licenses.
The foregoing resolution was offered by Commissioner
, who moved its adoption. The
motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Agenda _tem No. 2(uu)
Page No. 6
Barbara M. Carey aye
Charles Dusseau absent
Joseph M. Gersten aye
Larry Hawkins aye
Harvey Ruvin aye
Barry D. Schreiber aye
Sherman S. Winn aye
Jorge E. Valdes aye
Stephen P. Clark aye
The Mayor thereupon declared the resolution duly passed and
adopted this 24th day of July, 1990.
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
TONY COTARELO, CLERK
Approved by County Attorney as to By: IYd0A0_
gELD
form and legal sufficiency. 1'L Deputy Clerk
STATE OF )
) SS:
COUNTY OF DADE )
1, TONY COTARELO, Clerk of the Circuit Court in and for Dade County,
Florida, and Ex -Officio Clerk of the Board of County Commissioners of said County,
DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
Resolution No R - 7 0 6 - 9 0 , adopted by the said Board of County
Commissioners at its meeting held on d U l y 24
,19 90
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on
this 25th day of duly , A.D. 19 90
TONY COTARELO, Etc —Officio Clerk
Board of County Commissioners
Dade County, Florida
By
Deputy Clerk
Board of County Commissioners
Dade County, Florida
102 01 3 Rev 12/89 4rTrio omxecs.,
METRO-DADE COUNTY
CONSUMER SERVICES DEPARTMENT
OFFICE OF CABLE TELEVISION COORDINATION
CABLE TELEVISION
ORDINANCE
CONSUMER
SERVICES
EPARTMENT
OFFICE OF CABLE TELEVISION COORDINATION
140 W FLAGLER STREET
SUITE 901
MIAMI, FLORIDA 33130-1564
Revised - Effective April 25, 1997
CHAPTER 8AA
CABLE TELEVISION REGULATIONS
TABLE OF CONTENTS
SECTION 1
Sec. 8AA-1.
Sec. 8AA-1.1.
Sec. 8AA-2.
Intent and Purpose
Name and Scope
Definitions
LICENSING PROVISIONS
Sec. 8AA-3.
Sec. 8AA-4.
Sec. 8AA-5
Sec. 8AA-6.
Sec. 8AA-7.
Sec. 8AA-8.
Sec. 8AA-9.
Sec. 8AA-10.
Sec. 8AA- 11.
Sec. 8AA-12.
Sec. 8AA-13
Sec. 8AA-I4.
Licensing provisions; license required 4
License application procedure; information required 4
Application fee 7
Notice and comment period for initial and expansion licenses 7
Public hearing for initial and expansion licenses 8
Term of the license 9
Acceptance of license 9
License is nonexclusive and restricted 9
Changes to license terms and conditions 9
Expansion of a priority service area 10
Renewal I 0
Transfers 11
ADMINISTRATION; FEES; RIGHTS
Sec. 8AA-15
Sec. 8AA-16
Sec. 8AA-17
Sec. 8AA-18
Authority of the County Manager 11
License fee and public property charge 12
Selling of signal 12
Rights reserved to the County 13
LIABILITY; INDEMNIFICATION
Sec. 8AA-19
Sec. 8AA-20
Sec. 8AA-2 1
Sec. 8AA-22
Sec. 8AA-23
Sec. 8AA-24
Sec. 8AA-25
Sec. 8AA-26
CONSTRUCTION
Sec. 8AA-27
Liability, indemnification; liability in case of emergency 13
Indemnification 13
Insurance; policy limits 13
Insurance policy provisions 14
Reserved 15
Permanent performance and payment bond 15
FCC petition and license 15
Compliance with applicable laws and ordinances 15
Cable system construction 15
Y
4'
Sec. 8AA-28 Rights to use easements and streets not warranted. 16
Sec. 8AA-28.1. Unlawful to interfere with licensee's access to easements 17
Sec. 8AA-29. Other agreements, permit and easement requirements 18
Sec. 8AA-30. No property rights conveyed 18
Sec. 8AA-31. Construction map and schedule 18
Sec. 8AA-32. Prior approval by County 18
Sec. 8AA-33. County's right to inspect 19
Sec. 8AA-34. Joint or common use of poles 19
Sec. 8AA-35. Location/relocation of facilities 19
Sec. 8AA-36. Work in the right-of-way 20
Sec. 8AA-37. Safety 20
GENERAL STANDARDS
Sec. 8AA-38. General standards; signal standards 21
Sec. 8AA-39. Technical standards - - 21
Sec. 8AA-40. Inspection and performance tests 22
Sec. 8AA-41. Service requirements; equipment for the hearing impaired 22
Sec. 8AA-42. Standby power 22
Sec. 8AA-43. Notice of change in services 22
Sec. 8AA-44. Lock -out devices 22
Sec. 8AA-45. A/B switch 22
Sec. 8AA-46. Lease access channels 23
Sec. 8AA-47. Emergency override facilities 23
Sec. 8AA-48. Service to public buildings 23
Sec. 8AA-49. County communications facilities 23
Sec. 8AA-50. Public, educational and government access channels 24
Sec. 8AA-51. Interconnection of cable systems 25
RECORDS AND REPORTING REQUIREMENTS
Sec. 8AA-52. Records and reporting requirements; access to records 25
Sec. 8AA-53. Quarterly reports 26
Sec. 8AA-54. Annual reports 26
Sec. 8AA-55. Audit 27
Sec. 8AA-56. Additional reports 27
CONSUMER PROTECTION PROCEDURES
Sec. 8AA-57. Consumer protection provisions; office and telephone availability . 28
Sec. 8AA-58. Installations, outages and service calls 29
Sec. 8AA-59. Communications, bills and refunds 30
Sec. 8AA-60. Privacy/use of data 31
Sec. 8AA-61. Rates 31
Sec. 8AA-61.01. Rate regulation 31
Sec. 8AA-62. Discontinuing or denying service 32
Sec. 8Aa-63. Discriminatory practices prohibited 33
Sec. 8AA-64. Theft, vandalism, tampering; violation
Sec. 8AA-65. Prima facie evidence
Sec. 8AA-66. Confiscation
Sec. SAA-67. Punishment; civil damages; remedies nonexdusive
Sec. 8AA-68. Performance evaluation
ENFORCEMENT
Sec. 8AA-69.
Sec. 8AA-70.
Enforcement; settlement authority; notice and cure provisions
Further remedies
TERMINATION; REMOVAL, RESTORATION
33
34
34
34
35
35
36
Sec. 8AA-71. Termination; right of termination 36
Sec. 8AA-72 Procedures for termination 37
Sec. 8AA-73 Removal and restoration; removal required 38
Sec. 8AA-74 Restoration required 38
MISCELLANEOUS PROVISIONS
Sec. 8AA-75 Continuity of service 38
Sec. 8AA-76 Appeal 39
Sec. 8AA-77 Force majeure 39
Sec. 8AA-78 County's right of intervention 40
• CIVIL PENALTIES PURSUANT TO SECTION 8AA-69 CAN BE FOUND IN
SECTION 8CC-10 OF THE METROPOLITAN DADE COUNTY CODE. PLEASE
SEE CHAPTER 8CC OF THE CODE FOR FURTHER INFORMATION.
CODE ENFORCEMENT
Sec. 8CC-10 Schedule of Civil Penalties 41
iii
Sec. 8AA-1. Intent and purpose.
It is the intent of the County to promote
the public health, safety, and general welfare
by providing for the control of cable television
systems in incorporated and unincorporated
Dade County; to provide for the payment of
fees and other valuable consideration by a
licensee to the County for ,the privilege of
using public rights -of -way for constructing and
operating a cable television system; to promote
widespread availability of cable service to
County residents; to encourage the provision
of diverse information to the community over
cable; and-* Ab1ish minimum standards for
the regulation and performance of cable
television systems in Dade County for all cable
television licenses granted or renewed after the
effective date of this chapter [Ordinance No.
90-104].
(Ord. No. 90-104, 9-25-90)
Sec. 8AA-1.1. Name and scope.
This chapter [Ordinance No. 90-73] shall
be known as the "Dade County 1990 Cable
T.V. Ordinance." It shall be applicable to all
licenses issued on or after the date this chapter
is passed. Nothing in this chapter shall be
construed to interfere with the rights, if any,
vested in a licensed cable television operator
pursuant to a Dade County CATV license that
has not expired or pursuant to federal law.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-2. Definitions.
Any word or term defined in the Cable Act
but not defined below shall have the meaning
set forth in the Cable Act.
(a) Cable Act shall mean the federal Cable
Communications Policy Act of 1984,
Pub. L. No. 98-549, 98 Stat. 2779
(1984).
(b) Cable service shall mean the one-way
transmission to subscribers of video
programming or other programming
services, and the subscriber interaction,
if any, which is required for the
selection of such video programming
or other programming service.
(c) Cable system, cable television system,
and CATV system for purposes of this
chapter are synonymous terms and
mean a facility, consisting of a set of
closed transmission paths and
associated signal generation, reception,
and control equipment that is designed
to provide cable service which includes
video programming and which is
provided to multiple subscribers within
a community, but such term does not
include:
(1)
A facility that serves only to
retransmit the television signal of
one (1) or more television
broadcast stations;
(2) A facility that serves only
subscribers in one (1) or more
multiple unit dwellings under
common ownership, control or
management, unless such facility
or facilities uses any public
right-of-way, public property,
public easement, or other
easement whose use is regulated
by government;
A facility of a common carrier
which is subject, in whole or in
part, to the provisions of Title II of
the Cable Act, except that such
facility shall be considered a cable
system to the extent such facility is
used in the transmission of video
programming to subscribers; or
(3)
1
(4) Any facilities of any electric utility
used solely for operating its
electric utility systems.
(d) Channel or cable channel shall mean a
portion of the electromagnetic
frequency spectrum which is used in a
cable system and which is capable of
delivering a television channel as
defined by the Federal Communications
Commission.
(e) Commission shall mean the Board of
County Commissioners of Dade
County, or its representative.
(f) Common ownership, control, or
management shall mean the existence
of one person, board, or entity that has
authority, discretion, and responsibility
to administer the day-to-day operations
of, and to make decisions for, member
condominium associations or
apartment buildings joint and in
common as if they were a single unit.
This term does not apply to single
family home developments or mobile
home communities.
(g) County shall mean Dade County,
Florida.
(h) County Manager shall mean the
Metropolitan Dade County Manager,
as appointed by the Board of County
Commissioners of Dade County.
(i) Distribution system shall include all
means of transmission of all signals.
(j) Drop shall mean the individual
connection or cable from the
distribution system to each individual
household or connection.
(k) Easement dedicated for compatible use
means all easements that a cable T.V.
operator is authorized by State, federal,
or local law to use in operating its
cable T.V. system.
(1) Federal Communications Commission
(FCC) shall mean that agency as
presently constituted by the United
States Congress, or any successor
agency.
(m)Gross revenue shall mean all revenue
from all sources, including cash,
credits, property of any kind or nature
or other consideration, which is derived
directly or indirectly by the licensee,
arising from or in connection with
operation of the cable system within
Dade County including, but not limited
to: revenues from all charges for
entertainment and non -entertainment
services provided to subscribers; basic
service monthly fees; installation,
reconnection and similar fees; leased
access fees; converter rentals or retail
sales; studio or other facility or
equipment rentals; advertising; revenue
derived from the sale of products
advertised or promoted on the system,
including home shopping services; the
sale of signal to unlicensed operators;
late fees; premium services; enhanced
basic services; and all other revenue.
Gross revenue shall not include
uncollected bad debt; revenue derived
from the sale or rent of real property,
except studios; interest; taxes imposed
by law on subscribers which the
company is obligated to collect and
which the company passes on, in full,
to the applicable tax authority or
authorities; charges for repair to
equipment; resale of equipment on a
wholesale basis; sublicensing fees to
2
(3)
other licensed operators that pay
license fees to the County; collection
fees; returned check charges; or
unreturned equipment charges.
(n) Interconnect shall mean the electronic
connection of two (2) or more different
cable systems for the purpose of
sharing programs or other signals.
(o) License shall mean the license granted
to the applicant for permission to install
and operate CATV systems in Dade
County.
(p) License fee includes any tax, fee, or
assessment of any kind imposed by a
franchising authority or other
governmental entity on a cable
operator or cable subscriber, or both,
solely because of its status as such; the
term "license fee" does not include:
(1) Any tax, fee, or assessment of
general applicability (including any
such tax fee, or assessment
imposed on both utilities and cable
operators or their services but not
including a tax, fee, or assessment
which is unduly discriminatory
against cable operators or cable
subscribers);
(2) In the case of any license in effect
on December 30, 1984, payments
which are required by the license
to be made by the cable operator
during the term of the license for,
or in support of the use of, public
educational, or governmental
access facilities;
In the case of any license granted
after December 30, 1984, capital
costs which are required by the
license to be incurred by the cable
(5)
operator for public, educational or
governmental access facilities;
(4) Requirements or charges incidental
to the awarding or enforcing of the
license, including payments for
bonds, security funds, letters of
credit, insurance, indemnification,
penalties, or liquidated damages;
or
Any fee imposed under title 17,
United States Code.
(q) Licensee shall be the corporation,
partnership, individual, or other entity
granted a license for CATV by the _
Board of County Commissioners.
(r) Person shall mean any individual,
partnership, corporation, or other
legally recognized entity, whether
for-profit or not -for-profit.
(s) Priority service area shall mean that
area of the County assigned by the
Commission wherein the licensee is
authorized to provide CATV service.
The priority service area need not
include all licensed areas.
(t) Property owner means any individual,
association, or business entity that
owns or controls an apartment
building, condominium, mobile home,
duplex, single-family home, or other
property.
(u) Satellite master antenna television
.system or aril TV shall mean a facility
or combination of facilities that serves
only subscribers in one or more
multiple unit dwellings under common
ownership, control or management
unless such facility or facilities use any
public right-of-way, public property,
3
public easement, or other easement
whose use is regulated by government.
(v) Shall and will are mandatory, not
merely directive.
(w) Subscriber shall mean any person
lawfully receiving for any purpose any
service provided by the cable operator.
(x) System facilities shall mean the
physical plant and equipment
constructed, operated and maintained
by the licensee for the purpose of
producing, receiving, amplifying and_
distributing radio, television and
electronic signals to and from
subscribers in connection with a cable
system located within Dade County.
(y) U.N.C.L.E. shall mean the Utility
Notification Center Liaison for
Excavators.
(z) Weighted pro rata share of all Dade
County subscribers shall mean the
percentage of the individual licensee's
subscribers relative to all subscribers
in Dade County. Where a system
offers bulk rates to multiple -outlet
subscribers, such as apartment house
or motel operators, each bulk -rate
contract is viewed as a number of
subscriptions to be calculated by
dividing the total annual charge for the
bulk -rate contract by the system's
basic annual subscription rate for an
individual household. For example, if
a cable television system charges an
apartment house operator one
thousand dollars ($1,000.00) a year
for a bulk -rate contract and charges
individual households a basic rate of
fifty dollars ($50.00) per year, the
bulk -rate contract is counted as
twenty (20) subscriptions (i.e., 1,000
50 = 20).
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
92-97, § 2, 9-15-92)
Sec. 8AA-3.Licensing provisions; license
required.
(a) Any person desiring to install and/or
operate any cable television system in the
unincorporated and incorporated areas of
Dade County shall apply to the Commission
for a license pursuant to this chapter. Any
license granted by the County shall authorize
and permit the licensee to engage in_ the
business of operating and providing a CATV
system in the license or priority service area
assignment. For that purpose, subject to the
approval of the Public Works Department and
all existing permitting processes, the licensee is
authorized to install, construct, maintain and
operate in, along, under, over, through, across
and upon any public right-of-way or street,
such poles, wires, cables, conductors, ducts,
conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as
may be necessary to the CATV system. To
the extent provided by State and federal law,
the licensee shall be entitled to use easements
dedicated for compatible uses.
(b) It shall be a violation of this chapter to
commence or engage in the construction,
operation or maintenance of a cable system in
Dade County without first having obtained a
cable license awarded by the Board of County
Commissioners.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-4. License application procedure;
information required.
(A) All applications to construct, operate,
or maintain any CATV system in the
unincorporated or incorporated areas or to
4
traverse any portion of those areas for the
transmitting or conveying of such service
elsewhere, shall be filed with the Dade County
Manager, or such office of the County as the
County Manager may designate. An
application for the grant of an initial license
may be filed pursuant to a request for
proposals issued by the County or on an
unsolicited basis. To be acceptable for filing,
an original and two (2) copies of the
application must be submitted and be
accompanied by the application filing fee
where required.
(B) Each application for an initial
shall set forth the following:
license
(1) The name, address and telephone
number of the applicant.
(2) A detailed statement of the corporate
or other business organization of the
applicant, including but not limited to
the following:
(a) The names, business addresses,
and state of resi fence of all
general partners and corporate
officers of the applicant.
(b) The names, business addresses,
and state of residence of all
persons owning or controlling five
(5) percent or more of the stock,
partnership shares, or assets of the
applicant and the respective
ownership share of each such
person.
(c) The names and addresses of any
parent corporation, parent entity,
or holding company that owns or,
by ownership of other entities,
controls the applicant.
(d) The names and addresses of any
business entities owned or
controlled by the applicant,
including, but not limited to,
SMATV or CATV operations.
(e) A detailed and complete financial
statement of the applicant,
prepared by a certified public
accountant, for the five (5) fiscal
years immediately preceding the
date of the application, or a letter
or other acceptable evidence in
writing from a responsible lending
institution or funding source,
addressed to both the applicant
and the County, setting forth a
clear statement of its intent to
provide the capital required to
construct and operate the
proposed system. If the corporate
or business entity organization of
the applicant has not been in
existence for a full five (5) years,
applicant shall submit a certified
financial statement for the period
of its existence.
(f) A detailed description of all
previous experience of the
applicant in providing CATV
services or related or similar
services which includes a
statement identifying, by place and
date, all other cable television
licenses or franchises awarded to
the applicant, its parent or
subsidiary; the status of the
licenses or franchises with respect
to completion; the total cost of
completion of such systems; and
the amount of applicant's and its
parent's or subsidiary's resources
committed to such systems.
An indication of whether the
applicant, or any person
controlling the applicant, or any
officer or major stockholder of the
applicant, has been adjudged
bankrupt, had a cable license or
(g)
5
franchise revoked, or been found
guilty by any court or
administrative agency of a
violation of a security or antitrust
law, felony, or any crime involving
moral turpitude; and, if so,
identification of any such person
and a full explanation of the
circumstances.
(3) A detailed financial plan describing for
the first five (5) years of the license,
projected number of subscribers, rates,
all revenues, operating expenses,
capital . enditures, depreciation
schedules, income statements, and
statement of sources and uses of funds
and schedule of all capital additions.
(4) A detailed description of the proposed
plan of operation of the applicant,
which shall include, but not be limited
to, the following:
(a) A detailed map indicating all areas
proposed to be served, a proposed
time schedule for the installation of
all equipment necessary to become
operational throughout the entire
area to be served, a description of
the construction of the proposed
system including an estimate of the
above and below ground mileage
and the projected total cost for
construction of the system.
For informational purposes, a
statement or schedule setting forth
all proposed initial classifications
of rates and charges to be made
against subscribers and all rates
and charges for each classification,
including installation charges,
service charges, or other charges.
The purchase price, terms, and
nature of any optional or required
(b)
(5)
equipment, device, or other thing
to be offered for sale to any
subscriber shall be described and
explained in detail.
(c) A detailed statement describing the
physical facility proposed,
including channel - capacity,
technical design, the actual
equipment, and the operational
and technical standards proposed
by the applicant.
(d) A description of the services to be
provided initially, including the
broad categories of programming
ands• all broadcast and
non -broadcast signals to be carried
and all non -television services to
be delivered over the cable system,
and if services will be offered by
tiers, identification of the signals
and/or services to be included on
each tier.
(e) A description of how the proposed
system will reasonably meet the
future cable -related needs and
interests of the community,
including how the proposed
system will meet the needs
described in any recent community
needs assessment conducted by or
for the County.
(f) Any other information as
requested in order for the County
to comply with State or federal
law.
A copy of the form of any agreement,
understanding, or other instrument
proposed to be entered into between
the applicant and any subscriber.
(6) A copy of any agreement covering the
license area, if existing, between the
applicant and any public utility
providing for the use of any facilities of
6
the public utility, including but not
limited to poles, lines or conduits.
(7) Copies of all reports filed with the FCC
within the last twelve (12) months by
the applicant or its parent relating to
CATV operations, including but not
limited to the last and most current
FCC Form 325.
(8) Any other reasonable information
which could materially affect the
granting of the license and which is
requested by the County.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. AA -5. Application fee.
(a) Each application submitted for a
license under the provisions of this chapter
shall be accompanied by the required
nonrefundable application fee to offset the
reasonable cost of processing and evaluating
the application.
(b) Application fees shall be the
following amounts:
For an initial license $5,000.00
For renewal of a license
For transfer of a license
For modification of a license
. . . . 2,500.00
. . . . 2,500.00
1,000.00
For expansion of a license .. 1,000.00
Where the applicant has already received a
municipal license, and seeks only to service
areas within the municipality, the application
fee shall be one-half of the amount listed in the
above schedule.
(c) Where the County's out-of-pocket
costs in considering the application exceed the
amount of the application filing fee, such costs
shall be paid by the applicant. Within thirty
(30) calendar days of the date of the resolution
approving the application, the County
Manager must notify the approved applicant of
the amount of any such processing fee and its
method of calculation. If the processing fee is
not paid within sixty (60) calendar days of the
date of the Commission resolution approving
the application, any license approved by the
resolution will be null and void. Payment
under protest of the processing fee shall be a
prerequisite to contesting the amount of the
fee pursuant to Section 8AA-76. Amounts
paid under this subsection shall be amortized
over the term of the license; shall be applied as
credit against the license fee; and shall not
exceed a total of one hundred thousand dollars
($100,000.00) in any five-year period. To the
extent any such costs are applicable to more
than one licensed operator, the cost shall be
allocated on a weighted pro rata share of all
Dade County subscribers.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-6. Notice and comment period for
initial and expansion licenses.
(a) If the County Manager finds that an
application is incomplete, the application and
the fee shall be returned to the applicant with a
letter describing any and all insufficiencies
found in the application. The applicant may
then reapply for a license upon correcting the
deficiencies noted by the County Manager.
Upon receipt of a complete application, the
County Manager shall publish notice within a
ninety -day period requesting written comments
from the public or any interested person. The
notice shall name the applicant, describe the
proposed priority service area, name any
existing licensee authorized to serve the area,
establish a closing date for receiving comments
and provide the address where the comments
should be sent. All such written comments
shall be submitted at least thirty (30) days
7
rti
before the public hearing required by Section
8AA-7.
(b) Upon the receipt of an application for
a municipal area, the County Manager shall
contact the municipality involved and request
access to all pertinent documentation
regarding the application. The Manager shall
determine whether the information submitted
to the municipality meets, at a minimum, the
requirements of this chapter, and shall
determine whether a public hearing was held
by a municipality regarding the application.
The Manager shall determine whether the
municipal license or franchise.- contains any
terms or conditions inconsistent with this
chapter. If so, the Manager shall identify those
inconsistencies in his report to the
Commission. Applications from applicants
which have been issued a municipal license,
franchise or permit may be processed at the
discretion of the County Manager without the
notice and comment requirements in Section
8AA-6(a) provided that:
(1) The application does not seek to
provide service in areas located in the
unincorporated areas of the County;
and
(2) The municipal license was granted after
an investigation and public hearing
process conducted by the municipality
and similar to the process established
by this chapter; and
(3) The application otherwise meets the
requirements of this section.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-7. Public hearing for initial and
expansion licenses.
(a) The County Manager shall prepare a
report to the Commission regarding the award
of a license to the applicant, which report shall
consider and respond to any comments
received and shall contain the County
Manager's recommendations concerning the
application. The County Manager shall
schedule a public hearing before the Board of
County Commissioners to consider the
application and the County Manager's report.
Notification of any CATV license hearing must
be published one (1) time each for two (2)
consecutive weeks in a paper of general
circulation in the County. The notice shall
name the applicant, describe the proposed
priority service area, and set a time and date
certain, at least fourteen +(14) days from the
date of the first publication of the notice, for
the public hearing. The public hearing may be
continued from time to time and from place to
place as determined to be necessary by the
Commission. The County shall make a final
determination on the application within six (6)
months of the date a completed application
was received unless it is determined that the
applicant has caused the delay.
(b) The Commission shall consider all
factors required by State or federal law,
including, among other factors the applicant's
character, technical, legal, and financial
qualifications to construct and operate the
facilities proposed; the nature of the proposed
system; the economic impact on private
property within the proposed priority service
area; the capability of the public rights -of -way
to accommodate the proposed system; the
present and future use of the rights -of -way to
be used; the potential disruf tion to existing
users of the right-of-way; whether the proposal
will meet reasonably anticipated community
needs and serve the public interest; and all
other factors as the County may determine to
be relevant. The Commission shall approve,
disapprove or take any other action it finds to
be in the public interest. The Commission
8
may, by resolution, assign a priority service
area to the licensee.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-8. Term of the license.
No license, including a renewal license,
shall be issued for a term longer than ten (10)
years. A licensee holding a current license
under any previous ordinance may file for a
renewal of its license pursuant to the terms of
this chapter which shall require adequate
notice to the public and opportunity to
comment and may have its license renewed for
additional periods of no longer than tan (10)
years duration.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-9. Acceptance of license.
Within thirty (30) calendar days after the
resolution awarding the license, the licensee
shall file with the County Manager its written
acceptance of the license, together with the
insurance policies and bonding documents
required by Sections 8AA-21 through
8AA-24, and its agreement to be bound by and
to comply with all requirements pursuant to
the provisions of this chapter and the license.
All material statements and declarations
contained in the application shall be
incorporated as conditions of the license. Such
acceptance and agreement shall inform and
content be satisfactory to and approved by the
County Attorney.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-10. License is nonexclusive and
restricted.
(a) Any license granted under this
chapter shall be nonexclusive, and issuance will
not expressly or implicitly preclude the
issuance of other licenses to operate cable
systems within the County or affect the
County's right to authorize use of public
rights -of -way to other persons as it determines
appropriate.
(b) The licenses granted pursuant to this
chapter shall confer only such privileges or
exemptions specifically provided in this
chapter or mandated by federal or State law.
(c) Any privilege claimed under the
license in any street or other public property
shall be subordinate to any prior lawful
occupancy of the streets or other public
property.
(Ord. No. 90-73, § 1, 7-24_4
Sec. 8AA-11. Changes to license terms and
conditions.
Each application for modification of a
license shall set forth the following
information. To be acceptable for filing, an
original and two (2) copies of the application
must be submitted and be accompanied by the
required application fee.
(a) The specific modification requested;
(b) The justification for the requested
modification, including impact of
the requested modification on
subscribers and others, and the impact
on the applicant if the modification is
not approved;
(c) A statement whether the modification
is sought pursuant to federal or State
law, and, if so, a demonstration that the
requested modification meets the legal
standards of that law; and
(d) Any other information necessary for
the County to make a determination.
9
No application fee shall be required where the
modification is requested by the County or
where the modification is required to bring the
license into conformity with the law of a
superior sovereign.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. _ 8AA-12. Expansion of a priority
service area.
Except for pass -through facilities to
connect non-contiguous portions of a
licensee's priority service area, no facilities or
equipment may be installed outside of the
licensee's priority service area, and the licer -
shall not offer or provide service to persons
outside of the priority service area. Licensees
may apply for an expansion of their priority
service area by filing an original and two (2)
copies of an application accompanied by the
required application fee. Expansion of a
priority service area shall be within an
applicant's existing license area.
(a) The County Manager shall investigate
all applications for installation of
CATV distribution systems to
determine whether the application
meets the following standards:
(1) The requested installation is within
the applicant's license area;
(2) The licensee has adequate financial
and managerial resources to
complete the requested installation
in a logical, orderly and prompt
fashion;
The licensee is in full compliance
with all provisions of this chapter
and any approved rules and
regulations;
(4) The expansion will meet
reasonably anticipated community
needs and serve the public interest;
(3)
10
and all other factors as the County
may determine to be relevant.
(b) Should the Manager determine that the
requested installation is within the
licensed areas, the Manager shall,
within ten (10) days after receipt of the
application, provide notice of the
application to the CATV licensee or
licensees operating within the County.
Such affected licensee may, within
twenty (20) days after the date shown
on the face of the notice provide
written comments regarding the
requested installation. The Manager
shall consider and respond to any such
comments received in a timely manner.
Should the Manager determine that the
requested installation is outside the
license area, the application shall be
returned for refiling in accordance with
Sections 8AA-4 through 8AA-7 of this
chapter.
(c)
Applications for installation of CATV
distribution systems shall be approved
or disapproved by the County
Manager, whether in whole or in part,
in writing not later than ninety (90)
days after receipt of an application.
Applications for which decisions are
not rendered within ninety (90) days
shall be considered approved in their
entirety. The County Manager shall
notify the licensee, the Public Works
Department, the utility companies, and
each licensee in the affected area of his
decision.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No. 97.32
§ 1, 4-15-97)
Sec. 8AA-13. Renewal.
The County shall grant or deny renewals
pursuant to the procedures mandated by any
controlling federal or State law in effect at the
time of the renewal. If there is no such
mandated procedure pursuant to controlling
federal or State law, the licensee shall have a
right to renew pursuant to procedures at least
as protective as those laws governing the
matter immediately prior to repeal of such
renewal procedures and rights.
(Ord: No. 90-73, § 1, 7-24-90)
Sec. 8AA-14. Transfers.
(a) No transfer of a license shall occur
without prior approval of the County, which
app!<_,A 4'all not be unreasonably withheld.
(b) Any transfer of a license shall be
subject to the application requirements of
Section 8AA-4 (B)(1), (2), (3), and (8). Final
action on the request shall be taken at a public
hearing within a reasonable amount of time of
receipt of a completed application.
(c) Transfer of a license shall mean (1)
assignment, sale or transfer of more than thirty
(30) percent of the stock, partnership shares or
assets of the licensee to a person other than the
ir licensee; (2) assignment, sale or transfer of
more than forty (40) percent of the ownership
of any parent corporation, parent entity or
holding company that owns, or by ownership
of other entities, controls the licensee; or (3)
the transfer of any interest that results in the
change of effective control of the licensee.
(d) This section does not apply to any
restructure, recapitalization or refinancing
which does not change the effective control of
the licensee; in such transfer, the licensee shall
give prior notice to the County Manager
within thirty (30) days prior to such transfer.
(e) In making a determination on
whether to grant an application to transfer a
license, the Commission will consider the legal,
financial, technical and character qualifications
of the transferee to operate the system.
(f) Approval by the County of a transfer
of a license does not constitute a waiver or
release of any of the rights of the County
under this chapter.
(Ord. No. 90-73, § 1, 7-24,790)
Sec. 8AA-15. Authority of the County
Manager.
(a) The County Manager shall have the
responsibility for overseeing the day-to-day
administration of this chapter and licenses�_�,,
granted hereunder. The County Manager, or
any member of the County Manager's staff so
designated by the County Manager, may
administer oaths, certify to official acts, issue
subpoenas, and compel the attendance of
witnesses and the production of papers,
account books, contracts, documents and
other records, data or information, when
necessary, convenient, or appropriate in the
discharge of the duties of his office. The
County Manager shall be empowered to take
all administrative actions on behalf of the
County, including adopting forms for
application and reporting and other
administrative procedures as are necessary,
ex,:.ept for those actions specified in this -
chapter which are reserved to the Board of
County Commissioners.
(b) The County Manager shall exercise
jurisdiction and have the power and authority
to regulate and supervise each license as
defined herein in respect to service and priority
service areas within Dade County, in
accordance with the standards set by the
provisions of this chapter. This jurisdiction
shall be exclusive and superior to that of all
other boards, agencies, commissions, political
subdivisions, and municipalities in Dade
County, Florida, and in case of conflict all
11
lawful acts, orders, rules and regulations of the
County Manager shall in each instance prevail,
subject to the Constitution and general laws of
the State of Florida.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. MA -16. License fee and public
property charge.
(a) Each licensee shall pay to Dade
County a quarterly license fee, at the time its
quarterly report is due, based upon the
licensee's gross revenues during the preceding
quarter in the following amounts:
(1) Five (5) percent of gross revenues
derived from the unincorporated areas
of the County;
(2) Three (3) percent of gross revenues
derived from the incorporated areas in
the County; and
(3) One (1) of the percentage points in
cable T.V. license fees collected from
the unincorporated area and one (1) of
the percentage points in cable T.V.
license fees collected from the
incorporated area shall be dedicated to
the support of public, educational, and
governmental program services. These
dedicated funds will be disbursed
pursuant to the normal Dade County
budgetary process, at the discretion of
the Board of County Commissioners.
(b) In the event the total of the payments
due from a licensee to the County pursuant to
this section above and the payments due a
municipality pursuant to a municipal license or
franchise exceeds five (5) percent of the
licensee's gross revenues, then the municipal
license or franchise shall be superseded to the
extent necessary to reduce the total payment to
five (5) percent of the licensee's gross revenue.
If, on September 15, 1992, a municipality was
charging a license fee of four (4) percent, then,
for as long as the municipality charges a
license fee of four (4) percent, the County's
license fee for that licensee in that municipality
shall be reduced to one (1) percent. If, on
September 15, 1992, a municipality was
charging a license fee of. three (3) percent,
then, for as long as the municipality charges a
license fee of three (3) percent, the County's
license fee for that licensee in that municipality
shall be reduced to two (2) percent.
(c) All municipal ordinances, franchises
anti-: licenses in conflict with this section are
hereby superseded to the extent of such
conflict.
(d) No acceptance of payment shall be
construed as a release or as an accord and
satisfaction of any claim the County may have
for further operational sums payable under this
chapter or for the performance of any other
obligation hereunder.
(e) Nothing in this section shall limit the
licensee's liability to pay other local taxes, fees,
charges, or assessments to the County and
other taxing and governmental authorities.
(f) All amounts which are not paid when
due and payable hereunder shall bear interest
at the legal rate, as defined in Florida Statutes,
until paid.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
99104, § 1, 9-25-90; Ord. No. 92-97, § 3,
9-15-92)
Sec. 8AA-17. Selling of signal.
Should any licensee sell signal to a legally
affiliated satellite master antenna television
system (SMATV system) located within its
priority service area, the gross revenue of the
SMATV system shall be imputed to the gross
12
r
revenue of the licensee for purposes of the fees
calculated on the basis of gross revenue set
forth herein; and the licensee shall owe the
County said fees based upon the gross revenue
of both the cable system and the SMATV
system.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-18. Rights reserved to the
County.
(a) The right is hereby reserved to the
Commission to adopt, in addition to the
provisions contained herein and in existing
applicabk--,:@-ements, such additional rules
and regulations as it shall find necessary in the
exercise of the police power, for the proper
administration and enforcement of the
provisions of this chapter; provided that such
regulations shall be reasonable and shall
conform with the terms and conditions of the
licenses and the rights herein granted and shall
not be in conflict with federal or State law.
Rules and regulations promulgated by the
County shall insure fair and equitable treatment
for all municipalities affected by cable service.
No such rules and regulations shall become
effective until a public hearing has been held
upon the proposed rules and regulations, and
any amendments or modifications thereto, and
the same have been filed with the Clerk of the
Commission.
(b) The County shall have the right to
install, maintain, and operate antennae,
amplifiers, coaxial cable, wire, fiber optic cable
fixtures and appurtenances necessary for a
County communications system upon or within
the communications facilities of the licensee on
the condition that such installations do not
interfere with the property or operations of the
licensee and at no cost to the County except to
reimburse the licensee for any additional costs
incurred as a result of any such construction by
County.
(Ord. 90-73, § 1, 7-24-90)
Sec. 8AA-19. Liability, indemnification;
liability in case of
emergency.
If, at any time in case of fire, police
action, disaster, or other ‘emergency, it shall
appear necessary in the reasonable judgment of
the County to cut, move or otherwise interfere
with any of the wires, cables, amplifiers,
appliances or appurtenances thereto of the
licensee the County shall not be liable for any
injury or damage to such property and
equipmat of the licensee as a result of such
cutting, moving or interference.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-20. Indemnification.
The licensee shall indemnify, defend and
hold the County, its officers, agents and
employees harmless from any liability, claims,
damages, judgments, costs or expenses,
including reasonable attorney's fees caused by
any conduct undertaken by the licensee, its
officers, agents or employees, pursuant to or
by reason of the license or caused by any
policy or practice by Dade County on behalf of
the licensee arising pursuant to Sections
8AA-28.1; 8AA-64; and 8AA-66. The
licensee shall at its sole cost and expense, upon
demand of the County, appear in and defend
any and all suits, actions or other legal
proceedings, whether judicial, quasi-judicial,
administrative, legislative or otherwise,
brought or instituted or had by third persons or
duly constituted authorities, against or
affecting the County, its officers, agents or
employees, and arising out of or pertaining to
any conduct, policy, or practice which is within
the scope of this indemnity.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-21. Insurance; policy limits.
13
(a) Within thirty (30) days after the
effective date of the license, and prior to any
operations under the license, the licensee shall
provide proof of the required insurance. The
licensee shall maintain said insurance
throughout the term of the license and said
insurance shall include, at a minimum, the
following types of insurance coverage in
amounts not less than shown:
(1) Worker's compensation: Coverage to
- apply for all employees for statutory
limits in compliance with the applicable
State and federal laws. The policy
must include employers' liability with a
limit of five hundred thousand dollars
($500,000.00) each accident.
(2) Comprehensive general liability: Shall
have minimum limits of one million
dollars ($1,000,000.00) per occurrence
combined single limit for bodily injury
liability and property damage liability.
This shall include premises and/or
operations, independent contractors,
and subcontractors and/or completed
operations, broad form property
damage, XCU coverage, and a
contractual liability endorsement.
(3) Business auto policy: Shall have
minimum limits of one million dollars
($1,000,000.00) per occurrence
combined single limit for bodily injury
liability and property damage liability.
This shall include owned vehicles, hired
and non -owned vehicles.
(b) The insurance coverage obtained by
the licensee in compliance with this section
shall be approved by the Risk Management
Division of the General Services
Administration and the County Attorney, and
such insurance policies, along with written
evidence of payment of required premiums,
shall be filed and maintained with the County
Manager or his designee during the term of the
license.
(c) Upon thirty (30) days notice, the
insurance coverage and policy requirements
may be changed and increased from time to
time at the discretion of the Board of County
Commissioners to reflect changing liability
exposure and limits.
(d) Nothing herein is intended as a
limitation to the extent of any legal liability of
the licensee. -- -
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-22. Insurance policy provisions.
(a) Resident company and agent: All
insurance policies, letters of credit and bonds
as are required of a licensee in this chapter
shall be -written by a company or companies
authorized and qualified to do business in the
State of Florida, and have a minimum rating of
"A X" in Best's Rating Guide.
(b) Certificates and renewals:
Certificates and renewals of all coverage
required shall be -promptly filed by the licensee
with the County Manager or his designee.
Each policy shall require notice and the
licensee shall notify the County within thirty
(30) days of any cancellation or modification
of any insurance coverage required by this
chapter, which notice shall be sent by
registered mail to the County Manager or his
designee. Renewal certificates shall be filed
with the County no less than thirty (30) days
prior to the policy expiration date.
(c) Additional insured: Dade County
shall be included as an additional insured on
the comprehensive general liability.
14
(d) Premium payment: Companies
issuing the insurance policies shall have no
recourse against the County for payment of
any premiums or assessments, and same shall
be the sole responsibility of the licensee.
(e) Neither the provisions of this section,
nor the acceptance of any bonds by the County
pursuant to this chapter, nor any damages
received by the County thereunder, shall be
construed to excuse performance by a licensee
or limit the liability of a licensee for damages
to the full amount of the bonds or otherwise.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
92-97, § 4, 9-15-92) -
Sec. 8AA-23. Reserved.
Sec. SAA-24. Permanent performance and
payment bond.
The licensee shall within thirty (30) days
of the effective date of an initial license
granted under this chapter or within thirty (30)
days of the granting of a renewal or the
transfer of a license existing prior to this
chapter, furnish to the County a performance
bond or an irrevocable letter of credit issued
by a Florida bank or a federally insured lending
institution in the amount of one hundred
thousand dollars ($100,000.00). The
performance bond or letter of credit shall be
used to guarantee the compliance with
performance requirements and payment of all
sums which may become due to the County
under this chapter. The performance bond or
letter of credit shall be maintained in the full
amount specified herein throughout the term of
the license and for one (1) year after the
license expires or is terminated, without
reduction or allowances for any amounts
which are withdrawn or paid pursuant to this
chapter.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-25. FCC petition and license.
The licensee shall, except for existing
licenses, within sixty (60) days after the
issuance of a license under this chapter, apply
to the FCC for all certifications, registrations
or licenses as may be required for the
operation of the cable system. Failure of the
licensee to obtain the necessary permits and
licenses within one (I) year of the issuance of a
license under this chapter shall cause the
license to become null and void, unless the
licensee petitions the Commission for an
extension of time upon good cause shown.
(Ord. No. 90-73, § 1, 7-=24-90)
Sec. 8AA-26. Compliance with applicable
laws and ordinances.
(a) The licensee shall at all times during
the life of this chapter be subject to all lawful
exercise of the police power by the County and
to such reasonable regulation by the County as
the County shall hereafter provide. The
licensee shall comply with all laws, statutes,
codes, ordinances, rules, or regulations
applicable to its business. Specific and exact
compliance to all zoning and building
regulations shall be adhered to by the licensee.
(b) Except as may be specifically
provided for in this chapter, the failure of the
County or a licensee, upon more than one (1)
occasion, to exercise a right or to require
compliance or performance under this chapter
shall not be deemed to constitute a waiver of
such a right or a waiver of compliance or
performance in the future.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-27. Cable system construction.
(1) In areas where cable service is not
available, the licensee shall, at the request of
the County, extend its cable television service
15
J
to areas that have a minimum density of thirty
(30) dwellings per strand mile of cable within
one -hundred feet of its energized coaxial cable.
The licensee may at its option extend service
to areas not meeting the above criteria.
(2) At the end of the second year of the
license and continuing every two years
thereafter, the cable operator will file a report
and, if requested by the County Manager,
appear before the Board of County
Commissioners at a public hearing. In the
report and at the public hearing, the cable
operator shall demonstrate that the cable
-iperator has refrained from redlining based -on
income. Failure to file such report will
constitute a violation of this ordinance, and
may result in penalties, including, but not
limited to, termination of the license pursuant
to sections 8AA-71 and 8AA-72.
(3) In eliminating the requirements
concerning construction of the entire priority
service area and the contiguous build -out and
other requirements of Section 8AA-27 of the
Code of Metropolitan Dade County (1990),
Dade County reserves the right to enact future
ordinances and regulations applicable to initial
grants of future licenses and the renewal of
existing licenses to accomplish the following:
(a) Establish criteria, burdens the proof,
and causes of action regarding
discriminatory practices, including
"bright lines" statistical tests for
discrimination that would prohibit
disparate impact on protected
individuals, groups, or neighborhoods
identified in Section 8AA-63 of the
Code of Metropolitan Dade County;
(b) Establish a formal method to allocate
between operators in overlapping
priority service or license areas the
public buildings that must be served;
(c) Establish regulations providing for a
"cable provider of last resort" by any
lawful method, including requiring
cable operators to provide such service
or contribute to an industry fund to
subsidize such service, provided the
burden is distributed fairly among
affected Licensees; and
(d) Reestablish the requirements
concerning construction of the entire
priority service area and the contiguous
build -out and other requirements of
Section 8AA-27 of ---ee of
Metropolitan Dade County (1990) or
other build -out requirements intended
to insure universal service. Such
regulations must be reasonable in light
of industry standards for build -out,
shall allow a reasonable amount of time
to accomplish the build -out, and shall
make reasonable accommodation for
existing systems that are not built
contiguously.
(e) Reinstate the construction bond
requirements of Section 8AA-27 of the
Code of Metropolitan Dade County
(1990).
(4) The 1997 amendments to Chapter
8AA shall not be interpreted to preempt or
prevent any authority of municipalities to
regulate cable television that the municipalities
possessed prior to the 1997 amendments.
(Ord. 97-32, § 2, 4-15-97)
Sec. 8AA-28. Rights to use easements and
streets not warranted.
It is understood that there may from time
to time be within the County various
easements and streets which the County does
not have the unqualified right to authorize
16
"
l i c e n s e e t o u s e ; t h e r e f o r e , i n g r a n t i n g t h i s
l i c e n s e , t h e C o u n t y d o e s n o t w a r r a n t o r
r e p r e s e n t a s t o a n y p a r t i c u l a r e a s e m e n t , s t r e e t ,
o r p o r t i o n o f a s t r e e t t h a t i t h a s t h e r i g h t t o
a u t h o r i z e l i c e n s e e t o i n s t a l l o r m a i n t a i n
p o r t i o n s o f i t s s y s t e m t h e r e i n , a n d i n e a c h c a s e
t h e b u r d e n a n d r e s p o n s i b i l i t y f o r m a k i n g s u c h
d e t e r m i n a t i o n i n a d v a n c e o f t h e i n s t a l l a t i o n
s h a l l b e u p o n t h e l i c e n s e e .
( O r d . N o . 9 0 - 7 3 , � 1 , 7 - 2 4 - 9 0 )
S e c . 8 A A - 2 8 . 1 . U n l a w f u l t o i n t e r f e r e w i t h
l i c e n s e e ' s a c c e s s t o
e a s e m e n t s .
( a ) C o n d u c t p r o h i b i t e d .
( 1 ) N o p r o p e r t y o w n e r s h a l l d e n y a n y
o w n e r , o c c u p a n t , t e n a n t , o r l e s s e e t h e i r
r i g h t t o h a v e c a b l e T . V . s e r v i c e
p r o v i d e d b y a l i c e n s e e .
( 2 ) N o p r o p e r t y o w n e r s h a l l f o r b i d ,
p r e v e n t , o r i n t e r f e r e w i t h t h e l i c e n s e e
w h e n t h e l i c e n s e e i s a t t e m p t i n g t o e n t e r
o n t o p r o p e r t y a t r e a s o n a b l e t i m e s a n d
i n r e a s o n a b l e c i r c u m s t a n c e s f o r t h e
p u r p o s e o f t h e c o n s t r u c t i o n ,
i n s t a l l a t i o n , m a i n t e n a n c e , o r o p e r a t i o n
o f a c a b l e t e l e v i s i o n s y s t e m o r f a c i l i t i e s
o n e a s e m e n t s d e d i c a t e d f o r c o m p a t i b l e
u s e .
( 3 ) E x c e p t a s p r o v i d e d f o r i n s u b s e c t i o n
( b ) o f t h i s p r o v i s i o n , n o p r o p e r t y
o w n e r s h a l l d e m a n d o r a c c e p t p a y m e n t
i n a n y f o r m a s a c o n d i t i o n o f p e r m i t t i n g
a c c e s s t o a n y e a s e m e n t s d e d i c a t e d f o r
c o m p a t i b l e u s e o r a s a c o n d i t i o n o f
a l l o w i n g t h e l i c e n s e e t o c o n s t r u c t ,
i n s t a l l , m a i n t a i n , o r o p e r a t e i t s c a b l e
T . V . s y s t e m o n a n e a s e m e n t d e d i c a t e d
f o r c o m p a t i b l e u s e .
( 4 ) N o p r o p e r t y o w n e r s h a l l d i s c r i m i n a t e i n
r e n t a l c h a r g e s o r o t h e r w i s e
d i s c r i m i n a t e a g a i n s t a n y o w n e r ,
o c c u p a n t , t e n a n t , o r l e s s e e o n a c c o u n t
o f t h e p u r c h a s e o f c a b l e s e r v i c e s f r o m a
l i c e n s e e b y t h a t o w n e r , o c c u p a n t ,
t e n a n t , o r l e s s e e .
( b ) I n i n s t a l l i n g , m a i n t a i n i n g , o p e r a t i n g ,
o r r e m o v i n g i t s f a c i l i t i e s i n , u p o n , o n o r f r o m
a n y e a s e m e n t s d e d i c a t e d f o r c o m p a t i b l e u s e s ,
t h e l i c e n s e e s h a l l e n s u r e :
( 1 ) T h a t t h e s a f e t y , f u n c t i o n i n g , a n d
a p p e a r a n c e o f t h e p r e m i s e s a n d t h e
c o n v e n i e n c e a n d s a f e t y o f o t h e r
p e r s o n s n o t b e a d v e r s e l y a f f e c t e d b y
t h e i n s t a l l a t i o n , c o n s t r u c t i o n , o r
r e m o v a l o f f a c i l i t i e s n e c e s s a r y f o r a
c a b l e s y s t e m ;
( 2 ) T h a t t h e c o s t o f t h e i n s t a l l a t i o n ,
c o n s t r u c t i o n , o p e r a t i o n , o r r e m o v a l o f
s u c h f a c i l i t i e s b e b o r n e b y t h e l i c e n s e e
o r s u b s c r i b e r , o r a c o m b i n a t i o n o f b o t h ;
a n d
( 3 ) T h a t t h e o w n e r b e j u s t l y c o m p e n s a t e d
b y t h e l i c e n s e e f o r a n y d a m a g e s c a u s e d
b y t h e i n s t a l l a t i o n , c o n s t r u c t i o n ,
o p e r a t i o n , o r r e m o v a l o f s u c h f a c i l i t i e s
b y t h e l i c e n s e e .
( c ) N o t h i n g h e r e i n s h a l l b e c o n s t r u e d t o
p r o h i b i t o r p r e v e n t a n y p r o p e r t y o w n e r f r o m
c o n s t r u c t i n g , i n s t a l l i n g , o r c o n t i n u i n g t o
m a i n t a i n a n d o p e r a t e a n i n d e p e n d e n t t e l e v i s i o n
r e c e i v i n g s y s t e m s u b j e c t t o t h e o t h e r
p r o v i s i o n s o f t h i s c h a p t e r ; p r o v i d e d , h o w e v e r ,
t h a t t h e c o n s t r u c t i o n , i n s t a l l a t i o n , m a i n t e n a n c e ,
a n d o p e r a t i o n o f s u c h r e c e i v i n g s y s t e m s h a l l
n o t p r e v e n t t h e l i c e n s e e f r o m c o n s t r u c t i n g ,
i n s t a l l i n g , m a i n t a i n i n g , a n d o p e r a t i n g i t s c a b l e
s e r v i c e t h r o u g h i t s c a b l e s y s t e m .
1 7
(d) This chapter is not intended to, and
nothing herein shall be construed to, preclude
appropriate payments, arrangements, or
agreements for the use by cable operators of
other utilities' facilities and equipment,
including pole attachment agreements.
(e) Any person who willfully violates this
section shall be subject to a five hundred dollar
($500.00) fine and thirty (30) days in jail for
each violation.
(f) The licensee shall have a private right
of action for damages and injunctive relief in
------=-d'r' court of competent jurisdiction to enforce
its rights pursuant to this section.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-29. Other agreements, permit
and easement requirements.
The County shall not be required to
assume any responsibility for the securing of
any rights -of -way, easements, or other rights
which may be required by the licensee for the
installation of a CATV system, nor shall the
County be responsible for securing any permits
or agreements with other persons or utilities.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-30. No property rights conveyed.
Nothing in this chapter or in the license
shall grant to the license holder any right of
property in County -owned property or public
rights -of -way, nor shall the County be
compelled to maintain any of its property or
public rights -of -way any longer than, or in any
other fashion than in the County's judgment, its
own business or needs may require. In
addition, the license holder shall not be entitled
to any compensation for damages from the
County as a result of having to remove or
relocate its property, lines and cables from
such public property or public rights -of -way in
the event the County determines that a
necessity exists for such removal or relocation.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-31. Construction map and
schedule.
4
The licensee shall submit a plan and
schedule for all major construction or
reconstruction projects. In the case of all
voluntary construction or reconstruction, the
plan and schedule shall be submitted for
informational purposes. The plan shall make
reference to the licensee's cable sy&tom-4eaign
details, equipment specifications, and design
performance criteria (collectively referred to as
licensee's proprietary data) which shall be
maintained by the company at its business
office. The county shall have the right to
inspect but not copy licensee's proprietary
data. Construction or reconstruction plans and
maps shall be submitted to the County at least
sixty (60) days prior to the start of
construction or reconstruction.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
92-97, § 5, 9-15-92; Ord. 97-32, § 4, 4-15-97)
Sec. 8AA-32. Prior approval by County.
The licensee must comply at all times
with all policies, procedures and directives of
the Public Works Department. Except for
individual service drops, the licensee shall not
erect any pole, run any line, nor shall any
construction on public property and related to
the delivery of cable services be commenced
without the prior approval of the Public Works
Department. Prior to the issuance of such
approval, the licensee shall submit to the
Public Works Department:
(a) Strand maps of the system authorized
by the proposed license showing plant
routing, utility company poles to which
18
f&
"
t h e s y s t e m f a c i l i t i e s a r e t o b e a t t a c h e d ;
a n d
( b ) C o p i e s o f a l l p o l e a t t a c h m e n t
a g r e e m e n t s m a d e b y t h e l i c e n s e e w i t h
S o u t h e r n B e l l a n d F l o r i d a P o w e r a n d
L i g h t C o m p a n y a n d a n y o t h e r u t i l i t y o r
c o m p a n y t o w h i c h a n a t t a c h m e n t i s t o
b e m a d e .
( O r d . N o . 9 0 - 7 3 , � 1 , 7 - 2 4 - 9 0 )
S e c . 8 A A - 3 3 . C o u n t y ' s r i g h t t o i n s p e c t .
T h e C o u n t y s h a l l h a v e a n d m a i n t a i n t h e
r i g h t t o i n s p e c t t h e i n s t a l l a t i o n , c o n s t r u c t i o n ,
o p e r a t i o n a n d m a i n t e n a n c e o f t h e s y s t e m b y
t h e l i c e n s e e t o i n s u r e t h e p r o p e r p e r f o r m a n c e
o f t h e t e r m s o f t h i s c h a p t e r .
( O r d . N o . 9 0 - 7 3 , � 1 , 7 - 2 4 - 9 0 )
S e c . 8 A A - 3 4 . J o i n t o r c o m m o n u s e o f
p o l e s .
T h e l i c e n s e e s h a l l e n t e r i n t o a g r e e m e n t s
f o r t h e j o i n t o r c o m m o n u s e o f p o l e s o r o t h e r
w i r e h o l d i n g s t r u c t u r e s w h e r e p o l e s o r o t h e r
w i r e h o l d i n g s t r u c t u r e s a l r e a d y e x i s t f o r t h e
u s e i n s e r v i n g t h e C o u n t y o r s e r v i n g t h e p u b l i c
c o n v e n i e n c e . N o l o c a t i o n o f a n y p o l e o r w i r e
h o l d i n g s t r u c t u r e o f t h e l i c e n s e e s h a l l b e a
v e s t e d i n t e r e s t , a n d s u c h p o l e o r s t r u c t u r e s h a l l
b e r e m o v e d o r m o d i f i e d b y t h e l i c e n s e e a t i t s
o w n e x p e n s e w h e n e v e r t h e C o u n t y d e t e r m i n e s
i t t o b e n e c e s s a r y i n c o n j u n c t i o n w i t h a C o u n t y
p r o j e c t .
( O r d . N o . 9 0 - 7 3 , � 1 , 7 - 2 4 - 9 0 )
S e c . 8 A A - 3 5 . L o c a t i o n / r e l o c a t i o n o f f a c i l i -
t i e s .
( a ) T h e l i c e n s e e ' s s y s t e m m a y b e
i n s t a l l e d a b o v e g r o u n d i n a r e a s w h e r e e x i s t i n g
p o w e r o r t e l e p h o n e f a c i l i t i e s a r e a b o v e g r o u n d ,
a n d s h a l l b e i n s t a l l e d u n d e r g r o u n d i n a r e a s
w h e r e e x i s t i n g p o w e r a n d t e l e p h o n e f a c i l i t i e s
a r e i n s t a l l e d u n d e r g r o u n d . I f b o t h p o w e r a n d
t e l e p h o n e f a c i l i t i e s a r e i n s t a l l e d a b o v e g r o u n d ,
t h e l i c e n s e e s h a l l i n s t a l l i t s f a c i l i t i e s
u n d e r g r o u n d a t t h e r e q u e s t o f a r e s i d e n t o r
p r o p e r t y o w n e r w h e n t h e r e s i d e n t o r p r o p e r t y
o w n e r a g r e e s t o p a y t h e a d d i t i o n a l c o s t o f s u c h
i n s t a l l a t i o n .
( b ) L i c e n s e e s h a l l n o t p l a c e a n y f i x t u r e s
o r e q u i p m e n t w h e r e t h e s a m e w i l l i n t e r f e r e
w i t h a n y e x i s t i n g g a s , e l e c t r i c , C A T V ,
t e l e p h o n e , s e w e r , d r a i n a g e o r w a t e r l i n e s ,
f i x t u r e s o r e q u i p m e n t . T h e l i c e n s e e s h a l l
l o c a t e i t s l i n e s a n d e q u i p m e n t i n s u c h a m a n n e r
a s n o t t o i n t e r f e r e s i i n e m s s u i l y w i t h t h e u s u a l
t r a v e l o n s t r e e t s ; w i t h t h e i n s t a l l a t i o n o r
o p e r a t i o n o f g a s , e l e c t r i c , C A T V , t e l e p h o n e ,
w a t e r , d r a i n a g e , o r s e w e r l i n e s e q u i p m e n t ; o r
w i t h t h e r i g h t s o r r e a s o n a b l e c o n v e n i e n c e o f
o w n e r s o f p r o p e r t y w h i c h a b u t s a n y s t r e e t .
( c ) L i c e n s e e s s h a l l r e l o c a t e a n y
a b o v e g r o u n d p o r t i o n o f t h e i r s y s t e m s
u n d e r g r o u n d i n a n y e a s e m e n t o r r i g h t - o f - w a y
a r e a w h e r e e x i s t i n g p o w e r a n d t e l e p h o n e
f a c i l i t i e s a r e h e r e a f t e r s o r e l o c a t e d . A n y s u c h
r e l o c a t i o n s h a l l b e a t t h e l i c e n s e e ' s e x p e n s e ,
a n d s u c h r e l o c a t i o n s h a l l b e a c c o m p l i s h e d
c o n c u r r e n t l y w i t h r e l o c a t i o n o f a n y s u c h
p o w e r a n d t e l e p h o n e f a c i l i t i e s .
( d ) T h e l i c e n s e e s h a l l h a v e t h e a u t h o r i t y
t o t r i m t r e e s u p o n o r o v e r h a n g i n g s t r e e t s ,
a l l e y s , s i d e w a l k s a n d p u b l i c w a y s a n d p l a c e s o f
t h e C o u n t y s o a s t o p r e v e n t t h e b r a n c h e s o f
s u c h t r e e s f r o m c o m i n g i n c o n t a c t w i t h t h e
w i r e s a n d c a b l e s o f t h e l i c e n s e e , i n a m a n n e r
a p p r o v e d b y a n d a c c e p t a b l e t o t h e C o u n t y . A t
t h e o p t i o n o f t h e C o u n t y , s u c h t r i m m i n g m a y
b e d o n e b y i t o r u n d e r i t s s u p e r v i s i o n a n d
d i r e c t i o n a t t h e e x p e n s e o f t h e l i c e n s e e , i f p r i o r
n o t i f i c a t i o n h a s b e e n g i v e n t o t h e l i c e n s e e a n d
l i c e n s e e t h e r e a f t e r f a i l e d t o r e s p o n d .
1 9
(e) Licensees shall promptly and at the
licensee's own expense, protect, support,
temporarily disconnect, remove, modify or
relocate any part of their systems when
required by the County by reason of traffic
conditions, public safety, road construction
change of street grade, installation of sewers,
drains, water pipes, power lines, signal
devices, tracks, any other type of County
improvement project or to accommodate the
abandonment of any street.
(f) Each licensee shall, on the request of
any person holding a building moving permit
issued by the County, temporarily raise or
lower its wires to permit the moving of
buildings. The expense of such temporary
removal or raising or lowering of wires shall be
paid by the person requesting same, and the
licensee shall have the authority to require
such payment in advance. Licensee shall be
given not less than forty-eight (48) hours'
advance notice to arrange for such temporary
wire changes.
(g) With regard to underground
construction, all drop cables shall be buried at
a sufficient depth so that no portion of the
drop is exposed or visible to view.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-36. Work in the right-of-way.
(a) A licensee must obtain any required
permits before causing any damage or
disturbance to public rights -of -way, easements
or thoroughfares as a result of its construction
or operations and must restore to their former
condition such property in a manner approved
by the County. If such restoration is not
satisfactorily performed within a reasonable
time, the County, after prior notice to the
licensee, may cause the repairs to be made at
the expense of the licensee. All additional or
reoccurring repairs required as a result of the
licensee's work may also be made at the
expense of the licensee.
(b) Licensees granted permission to
install and operate cable television systems in
Dade County shall provide at least seven (7)
days' prior notice to the residents of an area
that licensee's construction crews will be
installing cable in the area by mail or through
the placement of notices on the front door
knobs of the residents in the area, with such
notices providing the licensee's name and
telephone number.
(c) All vehicles utilized by licensees in
the construction of the licensee's system shall
be clearly marked, providing the licensee's
name and telephone number, and, if applicable,
the CC# as required by Section 10-4 of the
Dade County Code. All personnel employed
by licensees in the construction of the
licensee's system shall possess identification
providing the employee's name and the
licensee's name and telephone number.
(d) The licensee shall join and maintain a
continuous membership in U.N.C.L.E and use
its services prior to construction. Only
certified contractors may be utilized for the
construction.
(e) All new pedestals, amplifiers and
power supplies installed or worked on by the
licensee shall be marked with the name of the
licensee. The licensee will make all reasonable
efforts to ensure that all existing pedestals,
amplifiers and power supplies shall be marked
during the normal course of business.
(Ord. 90-73, § 1, 7-24-90)
Sec. 8AA-37. Safety.
(a) Licensee's work performance,
equipment and job sites shall be in compliance
with all applicable County, State and federal
20
requirements and shall conform to the
provisions of the public works manual. A
licensee's work, while in progress, shall be
properly protected at all times with suitable
barricades, flags, lights, flares, or other devices
as are required by the Manual on Uniform
Traffic Control Devices (FDOT) or any
requirements of the Public Works Department
to protect all members of the public having
occasion to use the portion of the streets
involved or adjacent property.
(b) Licensee shall at all times employ due
care and shall install, maintain and use
commonly accepted methods and devices__ft,..
preventing failures and accidents which are
likely to cause damage, injuries or nuisances to
the public. All structures and all lines,
equipment and connections in, over, under and
upon the streets of the County wherever
situated or located shall at all times be kept
and maintained in a safe, suitable, substantial
condition, and in good order and repair.
(Ord. No. 90-73, § 1, 7-24-90)
captioning information for the hearing
impaired that is available to the licensee.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-39. Technical standards.
Sec. 8AA-38. General standards; signal
standards.
(a) The systems shall pass standard color
television and FM signals without abnormal
degradation. The system must be capable of
delivering all National Television Systems
Committee (NTSC) color and monochrome
standard signals and designed to provide
picture quality of TASO grade 2 or better and
superior reliability.
(b) All new construction, rebuilds and
upgrades shall be designed and spaced to have
a capacity no less than four hundred fifty (450)
megahertz.
(c) All television signals transmitted on a
cable system must include any closed circuit
(a) CATV systems shall be installed and
maintained in accordance with FCC technical
specifications, all State and local regulations,
regulations and industry standards as reflected
in the Recommended Practices For
Measurements On Cablevision Systems,
published by the National Cable Television
Association.
(b) Any antenna structure used in the
cable system shall comply with all
construction, marking and lighting
requirements of federal, State or local laws and
accepted industry standards.
(c) All construction, installation,
grounding, and maintenance shall comply with
the current versions of the National Electrical
Safety Code, the National Electrical Code, and
the Bell System Code of Pole Line
Construction.
(d) Systems shall be maintained in such a
manner as to prevent signal leakage from the
facilities in excess of the 14Dits specified in
applicable rules and regulations of the FCC.
The licensee may disconnect any person who,
in the licensee's judgment, is contributing to a
signal leakage problem.
(e) Underground construction in streets
shall be of such quality as to assure continuity
of service without the necessity of frequent
street or pavement cutting and shall contain a
self-sealing device to insure all such cables
against leakage.
21
(f) All cables and wires shall be installed,
where possible, parallel with electric and
telephone lines.
(g) If the federal law preempting County
regulation of technical standards is repealed,
any technical standards imposed by the County
shall be no stricter than the repealed federal
standards or generally accepted standards in
the cable television industry, whichever are
greater.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
92-97, § 6, 9-15-92)
Sec. 8AA-40. Inspection and performance
tests.
(a) The County shall have the right to
make such inspections as it shall find necessary
to insure compliance with terms of this license
and other pertinent provisions of law. The
County shall have the right to require the
licensee to provide and keep accurate
calibrated test equipment immediately available
for use in the County for the testing of all
service and operational standards in this
chapter and the licensee shall conduct such
tests as requested by the County in order to
establish the level of performance of the
system.
(b) The licensee shall advise the County
when a proof of performance test is scheduled
so that the County may have an observer
present. The licensee shall maintain test points
as required by federal law and shall allow the
County to have access to those test points
upon reasonable notice and at intervals not
more frequently than required by federal law,
except for good and substantial cause shown.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-41. Service requirements; equip-
ment for the hearing
impaired.
A licensee shall make available to its
subscribers equipment capable of decoding
closed circuit captioning information for the
hearing impaired. An additional reasonable
charge for any such equipment may be
imposed.
(Ord. No. 90-73, § 1, 7-2490)
Sec. 8AA-42. Standby power.
The licensee shall maintain equipment
capable of providing standby power for
headend, transmission and truck amplifiers for
a minimum of one (1) hour.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-43. Notice of change in services.
The licensee shall, to the extent possible,
send written notice to the County Manager
and all subscribers at least thirty (30) days
prior to rearranging, replacing, removing or
retiering services. To the extent prior notice is
not possible, the licensee will provide notice of
such a change within a reasonable amount of
time.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-44. Lock -out devices.
The licensee shall make available, to any
residentiasubscriber so requesting, a "parental
guidance" or "lock -out" device which shall
permit the subscriber, at his or her option, to
eliminate the audio or visual aspects from any
channel reception. An additional reasonable
charge for any such device may be imposed.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-45. AB switch.
The licensee shall make available, to any
residential subscriber so requesting, an input
selector or A/B switch permitting conversion
22
from cable to antenna reception. An additional
reasonable charge for any such device may be
imposed.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-46. Leased access channels.
A licensee must provide commercial or
leased access channels to the extent required
by State or federal laws.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-47. Emergency override facili-
ties.
Licensee shall install and maintain an
audio override capacity capable of remote
operation on all channels for transmission of
emergency messages and alerts. In the case of
any emergency or disaster, as determined by
the County, licensees shall, upon request of the
County, make the override capacity available
to the County without charge for use during
emergency or disaster periods. Licensee shall
install and maintain an emergency text or
closed -captioned override capability when
available at a cost not to exceed the then cost
of a new audio override similar to licensee's
existing audio override.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
92-97, § 7, 9-15-92)
Sec. 8AA-48. Service to public buildings.
Within a reasonable amount of time, but
at least within ninety (90) days following the
request, a licensee shall be required to provide
basic service, with converter or other
necessary equipment, without installation or
monthly charge to buildings within the County;
provided that such buildings are passed by and
within five hundred (500) feet of the licensee's
existing distribution system and are owned by
the County or occupied by a governmental
entity for predominantly educational or
governmental use, including public schools and
other local tax supported elementary,
secondary and college level institutions. The
licensee may charge for service to that portion
of the building used primarily for residential
purposes. Such basic service shall be provided
by means of a single drop extending to the
facility. Such single drop may be internally
extended by the governmental entity without
cost to, or responsibility of the licensee,
subject to the condition that all such internal
distribution shall meet all FCC requirements
relative to signal leakage. At the request of
the County, the licensee shall install the
additional service outlets in such facilities -and —
shall charge only its time and material costs for
such installations. At the request of the
County, the licensee shall extend its
distribution system to serve such buildings
located more than five hundred (500) feet from
the licensee's existing distribution system. In
such circumstances, the government entity
owning or occupying the building shall
reimburse the licensee for the time and material
costs incurred in extending the distribution
system to within five hundred (500) feet of the
building. The licensee shall remain responsible
for all costs for the five hundred (500) feet
adjacent to the building. The County shall not
require permit fees for such installations. As
used in this section 8AA-48, the term "basic
service" shall include all channels except
premium channels sold on a per -channel or
pay -per -view basis.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
92-97, § 8, 9-15-92)
Sec. 8AA-49. County communications
facilities.
With regard to underground
construction, the licensee shall provide and
install, in a common trench with its facilities,
County services conduit as specified by the
County. Prior to installation of any fiber optic
23
cable, the licensee shall notify the County of its
intention and, at the County's request, the
licensee shall provide and install such
additional fiber optic strands or cable as the
County specifies for its use. The additional
cost to the licensee will be borne by the
County. The licensee will not be required to
maintain the County equipment and facilities.
(Ord:No. 90-73, § 1, 7-24-90)
Sec. 8AA-50. Public, educational and
government access channels.
(a) The licensee shall provide and
maintain at least one (1) specially- i— sigriated
and noncommercial public access channel
available on a first -come, nondiscriminatory
basis.
(b) The licensee shall provide and
maintain, without charge, at least four (4)
specially designated educational access
channels for use and programming by local tax
supported educational authorities in the
elementary, secondary and college level fields,
as well as instructional television for adults.
Two (2) such channels shall be made
immediately available from the licensee. The
other channels shall be made available upon a
determination by the County Manager that the
need for additional educational channels exists.
The licensee shall provide such required
channels within ninety (90) days of notification
of the County Manager's determination.
(c) The licensee shall provide and
maintain, without charge, at least one (1)
specially designated government access
channel for Dade County government use and
programming.
(d) At those times segments during
which no signals are transmitted over public,
educational or government access channels,
the licensee may utilize such channels for any
24
purpose consistent with the provisions of this
chapter.
(e) The licensee shall endeavor to
provide that the signal of each channel
required in this section be received at a
designated place on the subscriber's channel
selector as prescribed by the County Manager,
which shall be uniform for every CATV system
in the County insofar as technology permits.
(f) The licensee shall contribute
matching funds to the capital costs for the
educational and government access channels
provided for in this section. The total
contribution of all licensed operators shall be
no more than one-half of the total capital cost
expended by the County and shall not exceed
fifty cents ($0.50) per subscriber per year. The
licensee contribution shall be the percentage of
capital costs equal to the licensees' weighted
pro rata share of all Dade County cable
television subscribers. Capital costs means the
cost of purchasing and replacing equipment
and facilities of such channels as reflected in
their official government budgets.
(1) On October 15th of each year, the
County Manager shall notify the
licensee of its capital cost contribution
and the method of calculation. The
licensee's share shall be determined
based upon the reports required to be
filed with the County on July 25th of
that year. The government budget
utilized shall be that budget in
operation at the time of the notice.
(2) The capital cost contribution shall be
due within ninety (90) days following
the notification.
(3) Payment of capital costs shall not be
construed as a license fee and cannot
be taken as a credit against the license
fee requirements of this chapter.
(4) Payment under protest of the capital
cost contribution shall be a prerequisite
to contesting the amount of the capital
costs contribution pursuant to this
chapter.
(g) If, during the course of the license,
the County Manager determines that additional
access channel capacity is needed, the County
Manager may request additional channels upon
the same terms as provided in this section and
such request shall not be unreasonably denied
based upon such factors as (1) channel
capacity; (2) community need; (3) number of
access channels available in comparable
communities; (4) technological feasibility; (5)
the then usage of existing access channels; and
all other relevant factors.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
92-97, § 9, 9-15-92)
Sec. 8AA-51. Interconnection of cable
systems.
(a) A licensee shall interconnect the
access channels of the cable system with any or
all other cable systems in contiguous adjacent
areas, upon the directive of the County
Manager. Interconnection of cable systems
may be done by direct cable connection,
microwave link, satellite, or other appropriate
method. The County shall not direct
interconnection except under circumstances
where it can be reasonably accomplished
without undue burden or excessive cost.
(b) Upon receiving the directive of the
County Manager to interconnect, a licensee
shall immediately initiate negotiations with the
other affected cable system or systems in order
that all costs may be shared equally among
cable systems for both construction and
operation of the interconnection link.
(c) A licensee may be granted reasonable
extensions of time to interconnect or the
County may rescind its order to interconnect
upon petition by the licensee to the County.
The County shall grant said request if it finds
that a licensee has negotiated in good faith and
has failed to obtain an agreement from the
cable system or systems of the proposed
interconnection or that the cost of the
interconnection would cause an unreasonable
or unacceptable increase in subscriber rates.
(d) A licensee shall cooperate with any
interconnection corporation, regional
interconnection authority or other County,
State and federal regulatory agency which
may be hereafter established for the purpose of
regulating, financing, otherwise providing for
the interconnection of cable systems beyond
the boundaries of the County.
(e) In the event it becomes necessary,
the licensee shall make reasonable efforts to
ensure any interconnect needed for the
simultaneous redistribution of the access
channels provided for in this license. Any
common costs associated with this
interconnection shall be shared among all
licensed operators based on their respective
weighted pro rata share of all Dade County
subscribers.
(Ord. No.90-73, § 1, 7-24-90)
Sec. 8AA-52. Records and reporting
requirements; access to
records.
The County shall have access, at all
reasonable hours, to books, records, maps,
plans, contracts, engineering, accounting,
financial, statistical, subscriber and service
records relating to the property and operation
25
1
of the licensee's Dade County system and to
such other records as may be required by the
County to perform its regulatory responsib-
ilities under this chapter and the calculation of
gross revenues used to compute license fees.
Such records shall be made available upon
reasonable notice at the licensee's local Dade
County office. If the licensee shall fail to
obtain books or records not kept in the local
office, and if the County shall determine that
an examination of such records is necessary or
appropriate to the performance of any of the
County's duties, then all travel and
maintenance expenses necessarily incurred in
making such examination shall be paid by the
licensee. The County shall have the right to
inspect and audit such records as it deems
appropriate for the proper administration of
this chapter. The County may photocopy
records only to the extent that it can protect
proprietary information from disclosure under
the public records law.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-53. Quarterly reports.
(a) The licensee shall submit reports to
the County quarterly on forms provided by the
County. The quarterly reports shall be
submitted according to the following schedule:
January -March reports due April 25;
April -June reports due July 25; July -September
reports due October 25, and
October -December reports due January 25 of
each year.
(b) The report shall include, but not be
limited to:
(1) Number of homes passed and number
of cable plant miles:
(2) Telephone reports indicating the
number of calls received, number of
calls abandoned, number of calls
(3)
receiving a busy signal, where
technologically possible, average
duration of each call handled by a
customer service representative,
average length of time each caller waits
before speaking directly to a customer
service representative and number of
customer service representatives
staffed to handle telephone calls;
The number of total standard
installations performed; the number of
standard installations performed within
seven (7) days; number of service
interruptions reported; number of
service interruptions responded to
within twenty-four (24) hours; number
of other service problems reported;
number of other service problems
responded to within thirty-six (36)
hours; and all other information
necessary to monitor the licensee's
compliance with the consumer
standards of this chapter;
(4) Revenue information including but not
be limited to: Number of subscribers
for each type of cable service offered,
and the gross revenues from all sources
attributable to the operations of the
licensee in Dade County stating
separately by category each source of
revenue and the income attributable
thereto. The revenue information for
the unincorporated and incorporated
areas shall be stated separately.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-54. Annual reports
(a) In addition to the above, the licensee
shall file the following information with the
quarterly report due January 25th of each year:
26
r
(1) A summary of the previous year's
activities in the development of the
system, including, but not limited to,
services begun or dropped, the
previous year's construction activities
and a summary of any policy changes
taking effect during the year.
(2) A current copy of the subscriber
service agreement, a current list of all
rates, charges and available services, a
current channel list, a copy of all the
licensee's published rules and
regulations applicable to subscribers
and users of the cable system, and a
summary of the licensee's hours of
operation.
(3) A summary of subscriber or consumer
complaints, identifying complaints by
number and category, and their
disposition. Where complaints involve
recurrent system problems, the nature
of each problem and what steps have
been taken to correct it shall be
identified.
(4) A copy of updated maps depicting the
location of all trunks, separately
identifying those areas where there was
construction in the year of the report.
(5)
For information purposes only, a listing
of licensee's closings or holidays for the
year.
(b) Within three (3) months of the close
of its fiscal year, the licensee shall file an
annual report to the County that includes the
following information:
(1) A list of all persons owning or
controlling five (5) percent or more of
the stock, partnership shares or assets
of the licensee; and a list of any parent
corporation, parent entity or holding
company that owns, or by ownership of
other entities controls, the licensee.
(2) If the licensee is a corporation, a list of
officers and members of the board and
officers and board members of any
parent corporation; -and where a parent
corporation's stock is publicly traded,
two (2) copies of its annual report.
(3)
Two (2) copies of each of the licensee's
balance sheet applicable to its
operations in Dade County, and a
certified special _import of gross
revenues that shall be specific as to the
extent of operations of the licensee
within the unincorporated and
incorporated areas of Dade County.
All special reports shall be certified by
an independent certified public
accountant and prepared in accordance
with Generally Accepted Auditing
Standards (GAAS) as promulgated by
the American Institute of Certified
Public Accountants, reflecting the total
amount and sources of gross revenue
and all payments, deductions, and
computations for the period and shall
be in sufficient scope to allow
independent ascertainment of the
licensee's compliance with the franchise
fee requirements of this chapter.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-55. Audit.
The County shall have the right and
authority to inspect the licensee's books and
records, at any time under the license, and the
right of audit and recomputation of any and all
amounts payable under Section 8AA-16. All
costs associated with any such audit shall be
borne by the licensee when said audit results in
increasing, by more than five (5) percent, the
27
s
f
licensee's annual payment to the County.
Upon reasonable notice, such records
necessary to perform said audit and
recomputation shall be made available to the
County at the licensee's Dade County office.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-56. Additional reports.
(a) A licensee shall notify the
upon any purchase of a SMATV
located within the licensee's priority
area.
County
system
service
(b) Copies of all petitions, applications
and communications submitted by the licensee
to the Federal Communications Commission or
any other federal or State regulatory
commission or agency having jurisdiction in
respect to any matters affecting CATV
operations authorized pursuant to a license
granted under this ordinance shall also be
submitted simultaneously to the County
Manager or his designee.
(c) The licensee shall prepare and furnish
to the County, at times and in the form
prescribed by the County, such additional
reports with respect to its operation, in the
discretion of the County Manager, which are
reasonably necessary for the administration of
this chapter.
(Ord.. No. 90-73, § 1, 7-24-90)
Sec. 8AA-57. Consumer protection provi-
sions; office and telephone
availability.
(a) The licensee shall maintain an office
within the County that is adequately staffed
and open to the public during all normal
business hours. The office shall be opened
when the licensee commences construction.
(b) Each licensee shall maintain a
telephone system with a publicly listed
telephone number. The telephone system shall
be adequately staffed and employ a sufficient
number of telephone lines to allow reasonable
access by subscribers and members of the
public, and shall be so operated that
complaints and requests for repairs may be
received at any time twenty-four (24) hours a
day, each day of the year.
(c) Knowledgeable, qualified company
representatives will be available to respond to
customer telephone inquiries Monday through
Friday during normal business hours.
Additionally, based on community needs,
licensees will staff telephones for supplemental
hours on weekdays and/or weekends.
(d) Under normal operating conditions,
telephone answer time by a customer service
representative, including wait time, and the
time required to transfer the call, shall not
exceed thirty (30) seconds. Licensees that
utilize automated answering and distributing
equipment will limit the number of routine
rings to four (4) or fewer. Licensees not
utilizing automated equipment shall make
every effort to answer incoming calls as
promptly as the automated systems. Percent
of abandoned telephone calls out of total calls
received shall not exceed ten (10) percent,
average. These standards shall be met no less
than ninety (90) percent of the time measured
on a annual basis based upon the most recent
four (4) quarters.
(e) Under normal operating conditions,
the customer will receive a busy signal less
than three (3) percent of the total time that the
licensee's office is open for business.
(f) Customer service center and bill
payment locations will be open for transactions
Monday through Friday during normal
28
i
business hours. Additionally, based on
community needs, the licensee will schedule
supplemental hours on weekdays and/or
weekends during which these centers will be
open as needed.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-58. Installations, outages and
service calls.
(a) Under normal operating conditions,
each of the following four (4) standards will be
met no less than ninety-five (95) percent of the
time measured on an annual basis based upon
the preceding four (4) quarters.
(1) Standard installations will be
performed within seven (7) business
days after an order has been placed;
provided the licensee has been able to
obtain any necessary easements or
other consents necessary to complete
the installations. "Standard" ins-
tallations are up to one hundred
twenty-five (125) feet from the existing
distribution system.
(2) Excluding those situations beyond the
control of the licensee, the licensee will
respond to service interruptions
promptly and in no event later than
twenty-four (24) hours. Other service
problems will be responded to within
thirty-six (36) hours during the normal
work week.
(3) The appointment window alternatives
made available for installations, service
calls, and other installation activities
will be (a) morning, (b) afternoon, and
(c) all day during normal business
hours. Additionally, based on
community needs, licensees will
schedule supplemental hours during
which appointments can be set.
(4) If at any time an installer or technician
is running late, an attempt to contact
the customer will be made and the
appointment rescheduled as necessary
at a time which is convenient for the
customer.
(b) The licensee shall not miss two (2)
consecutive service or installation
appointments scheduled with a particular
subscriber unless rescheduled one (1) day in
advance.
_ (c1, New developments contiguous to the
licensee's distribution system shall be wired for
cable service within a reasonable amount of
time, but at least within one hundred twenty
(120) days after the development has reached
seventy-five (75) percent occupancy, so long
as the construction meets the density
requirements of this chapter and provided the
licensee has been able to obtain any necessary
easements or other consents necessary to
complete the installation. This section shall
not apply to developments that are already
served by another pay television service
provider.
(d) Each licensee shall intentionally
interrupt service only for good cause for the
shortest time possible. Such interruptions shall
occur during periods of minimum use of the
system, when practicable. A written log shall
be maintained for all service interruptions.
(e) In the event that total service to any
subscriber is interrupted for twenty-four (24)
or more hours due to the fault of the licensee,
the licensee shall provide a credit or rebate to
affected subscribers, upon the subscriber's
written request, equal to twenty (20) percent
of the monthly fees for each twenty -four-hour
period during which the subscriber is without
service. In the event that total service to any
29
subscriber is interrupted for six (6) or more
hours, the licensee shall provide a credit or
rebate to affected subscribers, upon the
subscriber's request, equal to one -thirtieth of
the monthly bill. For purposes of computing
the time of interrupted total service, the time
shall begin when a complaint for interrupted
total service is received by the licensee or
when the licensee has actual or constructive
notice of the interruption, whichever occurs
first. Nothing in this subsection limits the
licensee from applying a rebate policy more
liberal than the requirements.
(f) In all situations where cable service_i,�,
disrupted to two hundred (200) or more
subscribers for a time period greater than four
(4) hours, the licensee shall notify the County
Manager or his designee immediately.
(g) All fields employees must carry
identification indicating their employment with
the licensee.
(h) Upon termination of service to any
subscriber, the licensee shall promptly remove
all portions of its system, facilities and
equipment from the subscriber's premises upon
his request. Where removal is impractical,
such as with buried cable or internal wiring,
`facilities and equipment may be disconnected
rather than removed.
(Ord. -No. 90-73, § 1, 7-24-90)
Sec. 8AA-59. Communications, bills and
refunds.
(a) The licensee will provide written
information in each of the following areas at
the time of installation and at any future time
upon request:
(1) The products and services offered;
(2) Prices and service options;
(3) How to use the cable service;
(4) Installation and service policies;
(5) The licensee's procedures for the
receipt and resolution of customer
complaints, the licensee's address and
telephone number to which complaints
may be reported, and the hours of
operation;
(6) The telephone number and address of
the County's office designated to
handle cable television complain/5_0d
inquiries;
(7) The availability of the "lock -out"
device required by this chapter;
(8) The availability of an input selector, or
A/B switch, and identification of those
local broadcast stations not carried on
their system;
(9) The licensee's information collection
and disclosure policies for the
protection of a subscriber's privacy.
The information in subsections (5)-(9) above
will be provided to each subscriber annually.
The licensee will provide prompt notification
to the County and to each affected customer of
any material change in any of the above.
(b) Bills will be clear, concise and
understandable.
(c) Refund checks will be issued
promptly, but no later than the earlier of
forty-five (45) days or the customer's next
billing cycle following the resolution of the
request, and the return of the equipment
supplied by the licensee if service is
terminated.
30
(d) All customers and the County will
receive written notification a minimum of
thirty (30) days in advance of any rate or
channel change, provided the change is within
the control of the licensee.
(e) The licensee shall, within seven (7)
days -after receiving written request from the
County, send a written report to the County
with respect to any particular consumer
complaint. The report to the County shall
provide a full explanation of the investigation,
findings and corrective steps taken by the
licensee.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-60. Privacy/use of data.
The licensee shall comply with all federal
and State laws regarding collecting, storing
and disseminating of individual subscriber
information, and shall operate the system in a
manner that protects against invasions of any
persons' privacy and protects the privacy of
data services and data signals distributed over
the system.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-61. Rates.
(a) The licensee must give thirty (30)
days prior written notice to the county
manager and all affected subscribers of any
pricing changes or additional charges,
excluding temporary marketing and sales
discounts or offers. Such notice shall include
the name and address of the county's office
designated to review the rate increase. The
licensee may reduce the price at any time.
(b) At any time the licensee increases the
rate for basic service within a single calendar
year by more than the greater of seven (7)
percent or the increase in the Consumer Price
r
Index in the previous twelve (12) months, the
County Manager may require the licensee to
have an audit performed by an independent
certified public accountant agreed upon by the
County. The expense of the audit shall be
shared equally by the County and the licensee.
The required audit shall be submitted to the
County within thirty (30) days following the
effective date of the rate increase, The audit
shall identify those significant factors that
prompted the decision to increase rates and the
extent to which those factors are reflected in
the actual amount of the increase.
(Ord. No. 90-73, § 1, 7-24-90;
93-120, § 2, 11-03-93)
Sec. 8AA-61.01. Rate regulation.
[(1) Jurisdiction.]
Ord. No.
(a) Dade County has jurisdiction to
regulate rates in (1) the unincorporated
areas of Dade County, and (2) the
incorporated areas of Dade County,
provided that Dade County shall have
no jurisdiction to regulate rates in any
municipality while that municipality is
certified by the FCC to regulate rates,
except where Dade County and the
municipality have been certified by the
FCC to regulate rates jointly. At any
particular time a cable operator in a
single FCC community unit shall be
subject to rate regulation only by either
(1) the County, (2) the municipality, or
(3) the County and municipality jointly
regulating rates.
(b) This section shall not be construed to
create a private cause of action.
(2) Compliance with F.C.C. regulations.
In regulating any rates as allowed by Federal
law, Dade County shall be governed by and
31
shall comply with all controlling F.C.C.
regulations and Federal Statutes.
(3) Notice and comment. Upon receipt
of the cable operator's submission describing
its rates or proposed rates, Dade County shall
publish notice in a newspaper of general
circulation in Dade County, requesting written
comments from the public or any interested
person. The notice shall name the licensee,
announce that the county is conducting a
review of the licensee's schedule of rates or
proposed rate increase for the basic service tier
and' accompanying equipment, generally
describe the affected service area, establish a
closing date, and provide an address where the
comments will be sent. The comment period
shall be open for no less than seven (7)
calendar days after publication. Dade County
shall review and consider such comments in
making any determination under this section.
When a cable operator submits rates for
review, it shall publish notice to its subscribers,
either at least once in its bill or ten (10) times
over its cable system at different times
throughout the broadcast day, that a rate
review is taking place, comments are
requested, and the name and address of the
County's Office designated to handle cable
television inquiries.
(4) Additional information. At any point
during the review process, Dade County, at its
discretion, may (a) hold public hearings
provided that forty-eight (48) hours prior
written notice is sent to the cable operator and
any municipality within the license area and
forty-eight (48) hours prior published notice is
provided the public; (b) seek additional written
comments; (c) require the licensee to produce
additional information, including but not
limited to certified financial statements, and all
worksheets, working papers, ledgers, receipts,
and all other financial and accounting records
underlying the licensee's submission, the
calculations used in the submission, and the
licensee's finances and accounts necessary to
verify the accuracy of the submission; (d)
require the licensee to allow Dade County and
its agents to audit and review the licensee's
books and accounts including but not limited
to the information described in subsection (c)
above; and (e) obtain relevant information
from other sources.
(5) Confidential business information.
If the licensee believes that any of the
additional information ordered produced is
confidential business information in need of
protection from disclosure, 1ie .e must
request confidentially and make a showing, by
a predominance of the evidence, that
non -disclosure is consistent with provisions of
the Federal Freedom of Information Act, 5
U.S.C. section 552. If Dade County denies the
request for confidentiality, the operator must
appeal to the F.C.C. within five (5) working
days. In such cases, the operator shall provide
the requested material, but release of the
information to the public will be stayed
pending review.
(6) Delegation to County Manager.
Subject to appeals to the County Commission,
the County Manager is delegated the authority
to conduct all proceedings, and issue any final
or interim orders provided for in this section.
(7) Appeals. Any decision of the County
Manager may be appealed to the County
Commission pursuant to the provisions of
Section 8AA-76, Dade County Code. The
filing of an appeal of any interim, non -final
determination shall not stay the
information -gathering proceedings or form a
basis for the licensee to refuse to disclose
information.
(8) Further regulations. Nothing herein
shall be construed to limit the right of Dade
32
County to modify, amend, or add to these
regulations in order to comply with applicable
law or to protect the interests of licensees or
subscribers.
(Ord. No. 93-120, § 1, 11-3-93; Ord. 95-212,
§ 1, 12-5-95)
Sec. 8AA-62. Discontinuing or denying
service.
(a) The licensee may discontinue service
to a subscriber who fails to pay installation
fees or monthly service charges when due.
Before disconnecting service, the licensee must
send the subscriber at le,mt—sevPn (7) days
prior written notice that service will be
disconnected if payment is not received.
(b) Licensee may deny service to any
subscriber where such subscriber has
previously been a subscriber of the licensee
and the licensee previously terminated the
subscriber's service due to nonpayment.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-63. Discriminatory practices
prohibited.
(a) A licensee shall not deny, delay or
otherwise burden service or discriminate
against subscribers or users on the basis of
age, race, creed, religion, color, sex, handicap,
national origin, marital status, or political
affiliation, and shall not deny cable service to
any potential subscribers because of the
income of the residents of the area in which the
subscribers reside.
(b) A licensee shall not refuse to employ,
nor discharge from employment, nor
discriminate against any person in
compensation or in terms, conditions or
privileges of employment because of age, race,
creed, religion, color, sex, handicap, national
origin, marital status, or political affiliation.
(c) A licensee shall comply at all times
with the Equal Employment Opportunity
provisions and reporting requirements
contained in federal law. A copy of the
licensee's annual report required by the FCC
shall be submitted simultaneously to the
County.
(d) No licensee shall require a minimum
number of subscribers as a precondition to
providing service to any multiple dwelling unit
that is located in an area that meets the
minimum density requirements of Section
8AA-27. This subsection shall not be
applicable to hotels, motels and other
multi -dwelling units in which more than a
majority of the occupants have been residing
there less than four (4) months or where a
majority of the occupants have leases with
terms for less than four (4) months.
(Ord. No. 90-73, § 1, 7-24-90; Ord. No.
92-97, § 10, 9-15-92; Ord. No. 97-32, § 5,
4-15-97)
Sec. 8AA-64. Theft, vandalism, tampering;
violation.
It is unlawful and a violation of this
chapter to:
(a) Willfully obtain or attempt to obtain
cable services or cable related services
from another by means of artifice,
trick, deception, or device without
payment to the operator for such
services of all lawful compensation due
for each type of services unlawfully
obtained.
(b) Willfully assist any other person in
obtaining or attempting to obtain any
cable service or cable related services
without payment to the cable operator
of such services of all lawful
33
compensation due for each type
services unlawfully obtained.
of violation of this section; however, this
presumption shall not apply unless:
(c) Willfully tamper or otherwise interfere
with or connect to by any means,
whether mechanical, electrical,
acoustical, or other, any cable, wires,
or other devices used for the
distribution of cable services or cable
related services without actual
authority from the operator of such
services.
(d) Willfully sell, rent, or lend, or promote
or advertise for sale, rental or use, any
device or any plan to any person with
the knowledge that the person intends
to use such device or plan to commit
any of the acts set forth in paragraphs
(a), (b), and (c), whether or not such
device or plan actually has the ability to
facilitate the commission of any acts set
forth in paragraphs (a), (b), and (c).
(e) Willfully sell, rent, or lend, or promote
or advertise for sale, rental, or use,
without authority from the operator of
such cable services or cable related
services, any device which is
electronically capable of decoding
cable system signals which have been
encoded by a cable operator or any
person under contract with such
operator.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-65. Prima facie evidence.
The presence on property, in the actual
possession of a person, of any device or
alteration which effects the diversion or use of
cable services or cable related services without
such services being reported for payment to,
and specifically authorized by, the cable
operator shall be prima facie evidence of a
(a) The presence of such a device or
alteration can be attributed only to a
deliberate act in furtherance of an
intent to avoid payment for such
service; and
(b) The person charged has received the
direct benefit of the reduction of the
cost of such services; and
(c) The recipient of such services has
received the benefit of such services for
at least one full billing cycle.
(Ord. No. 90-73, 1, 7-24-90)
Sec. 8AA-66. Confiscation.
Any law enforcement agency having
jurisdiction shall have the authority to
confiscate any and all such instruments,
apparatus, equipment, devices, instructions,
and plans described in Section 8AA-64,
including any materials, tools, machinery, or
equipment used to manufacture or produce
such instruments, apparatus, equipment,
devices, instructions, and plans, and, upon
conviction for violation of the provisions of
this section, such instruments, apparatus,
equipment, devices, instructions, and plans,
together with all such materials, tools,
machinery, and equipment used to manufacture
or produce same, shall be destroyed or
otherwise disposed of by order of court.
(Ord. No. 90-73, 1, 7-24-90)
Sec. 8AA-67. Punishment; civil damages;
remedies nonexclusive.
(a) Any person who willfully violates
Section 8AA-64 shall be subject to a five
hundred dollar ($500.00) fine an thirty (30)
days in jail for each violation.
34
(b) Whoever is found in a civil action to
have violated the provisions of Sections
8AA-64 through 8AA-67 shall be liable in
actual and punitive damages to the licensee
involved or may be subject to injunction, or
both, and, upon judgment in favor of the
licensee, such licensee shall also be entitled to
recover all costs of such action, including all
appellate proceedings, together with
reasonable attorney's fees.
(c) The provisions set forth herein are in
addition to any remedies or sanctions of any
±.hPr !.-)gal, State, or federal law.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-68. Performance evaluation.
(a) The County may conduct periodic
performance evaluations of a licensee. A
licensee shall cooperate with these evaluations.
If the County implements a survey of cable
subscribers in connection with a performance
evaluation, the County may require a licensee
to distribute the County's questionnaire to its
subscribers at the County's expense.
(b) At the conclusion of the evaluation,
the County Manager shall issue a report to the
Commission of the results of any performance
evaluation together with, if necessary, any
recommendations for methods to improve a
licensee's performance under the license or this
chapter.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-69. Enforcement; settlement au-
thority, notice and cure
provisions.
(a) Provisions of this chapter listed in
Chapter 8CC of the Code of Metropolitan
Dade County will be enforced pursuant to that
chapter. The County Manager or his designee
is hereby authorized to resolve by settlement
any notice of violation of this chapter issued
pursuant to Chapter 8CC. In deciding to settle
a dispute over an alleged violation, the County
shall consider: (1) the probability of success in
proving the violation; (2) the nature and
seriousness of the violation; (3) the licensee's
past history concerning similar violations; (4)
mitigating factors; and (5) the licensee's
success in resolving this dispute with affected
subscribers.
(b) Prior to issuing a notice of violation
pursuant to Chapter 8CC, the County will
_ provide the licensee with notice and
opportunity to cure. The notice shall state the
Code section alleged to be violated, factual
basis of the violation, the amount of the civil
penalty, and the time period allowed to cure
the violation without incurring a civil penalty.
This notice and cure provisions will apply only
to the subsections (1), (2) and (3) listed below.
(1) Licensee shall have a notice and
opportunity to cure time period of no
less than seven (7) days for violations
of the following provisions:
Section 8AA-35(g) Burying drop cable
Section 8AA-39 Improper grounding
(2) Licensee shall have a notice and
opportunity to cure time period of no
less than thirty (30) days from
violations of the following provisions:
Sections 8AA-21;
8AA-22
Sections 8AA-23;
8AA-24
Section 8AA-27
Section 8AA-36(d)
Section 8AA-41
Section 8AA-45
Section 8AA-48
Maintaining insurance
Maintaining performance
bond
Submission of construct-
ion plan
Membership in UNCLE
Equipment for the hearing
Unpaired
Providing A/B switch
Service to public buildings
35
Section 8AA-50(f)
Sections 8AA-52;
8AA-53; 8AA-54
Section 8AA-57(a)
Section 8AA-57(b)
Section 8AA-57(c)
Capital support for PEG
Recording and reporting
Maintaining an office
Maintaining 24 -hour
telephone system
Maintaining office hours
(3) Licensee shall have a notice and
opportunity to cure time period of no
less than sixty (60) days for violations
of the following provisions:
Section 8AA-27
Section 8AA-42
Section 8AA-50
Section 8AA-58(c)
(Ord. No. 90-73, § 1,
92-97, § 11, 9-15-92)
Construction and time
limitations
Standby power
Providing educational and
government access
channels
Extending service to new
developments
7-24-90; Ord. No.
Sec. 8AA-70. Further remedies.
(a) If the County determines that the
licensee fails to conform to the required
telephone standards in Section 8AA-57(d) and
(e) for two (2) consecutive quarters:
(1) The County Manager may require the
licensee to provide the County with a
communication traffic study within
sixty (60) days of notice. The study
will be conducted on all customer
service trunk lines and must include
information on the efficiency of the
communication system measured from
the telephone company's central office,
as well as other performance
information available from the
licensee's communication equipment.
The study must provide information
that confirms that the licensee's
communications system is properly
trunked and staffed to meet the
requirements of this chapter using
generally accepted telephonic
engineering standards.
(2) Based upon the findings of the traffic
study that additional personnel are
needed and other relevant
considerations, the County Manager
may require the licensee to staff a
minimum specified number of customer
service representatives to handle
telephone calls. The minimum number
shall be one (1) such customer service
representative for each one hundred
(100) calls received daily. For
purposes of this calculation, the
number of calls shall be the median
number of calls received on a daily
basis for the two (2) consecutive
quarters during which the standards
were not met. If, following a County
order for minimum staffing
requirements, the licensee's
performance meets the required
telephone standards for any two (2)
consecutive quarters, the County will
rescind its minimum staffing order
provided the licensee continues to
conform to the required telephone
standards.
(b) In addition to or instead of any other
remedy, the County may seek legal or
equitable relief from any court of competent
jurisdiction.
(c) Failure of the County to enforce any
requirements of a license or this chapter shall
not constitute a waiver of the County's right to
enforce subsequent violations of the same type
or to seek appropriate enforcement remedies.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-71. Termination; right of
termination.
36
i
The County reserves the right to
suspend, terminate and cancel a license and all
rights and privileges of a licensee after the
process pursuant to this section for just and
reasonable cause or in the event that any one
of the following occurs:
(a) The licensee, after sixty (60) days'
notice of a violation sent by certified
mail by the County, continues to
violate any material provision of this
chapter or any rule pursuant to this
chapter, except if such violation by
licensee is without fault or through
excusable negligence. ..-
(b) The licensee becomes insolvent, unable
or unwilling to pay its debts, or is
adjudged bankrupt.
(c) The licensee practices any fraud or
deceit upon the County in connection
with its responsibilities under its
license.
(d) The licensee fails to commence any
required construction within one (1)
year from the effective date of its
license.
(e) The licensee fails to substantially
complete construction pursuant to the
requirements of this chapter within the
time required by its license.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. MA -72. Procedures for termination.
The licensee may be terminated in
accordance with the following procedures:
(a) The County Manager shall notify the
licensee in writing of the exact nature
of the alleged violation constituting a
ground for termination and give the
licensee sixty (60) days, or such other
greater amount of time as the County
Manager may specify, to correct such
violation or to present facts and
argument in refutation of the alleged
violation.
(b) If within the designated time the
licensee does not remedy and/or put an
end to the alleged violation, or if
corrective action is not being actively
and expeditiously pursued, the
Commission, after a public hearing,
may direct the termination of the
license if it determines that such action
is warranted.
(c) Prior to the public hearing, the
Commission may order an
administrative hearing. The County
Manager shall initiate an administrative
proceeding by issuing a hearing order
which establishes the issues to be
addressed in the hearing and the
procedures to be followed, and the
Manager shall appoint a presiding
officer for the hearing. Upon
completion of the hearing, the
presiding officer shall issue a
recommended decision. Parties to the
hearing and the public shall have thirty
(30) calendar days to comment on the
recommended decision after its
issuance. Within thirty (30) days after
the receipt of comments, the County
Manager may submit recommendations
to the Commission on whether to
terminate the license.
(d) Following the public hearing the
Commission shall determine whether or
not to revoke the license based on any
recommended decision, the evidence
and argument presented at the hearing,
any recommendations of the County
37
-1
F
Manager, and other evidence of record.
The Commission's determination shall
be reflected in a written opinion setting
forth the reasons for its decisions.
(e) Any license may, at the option of the
County following a public hearing
before the Commission, be revoked
one hundred twenty (120) calendar
days after an assignment for the benefit
of creditors or the appointment of a
receiver or trustee to take over the
business of the licensee, whether in a
receivership, reorganization, bank-
ruptcy assignment for the benefit of
creditors, or other action or
proceedings, unless within that
one -hundred -twenty -day period:
(1) Such assignment, receivership or
trusteeship has been vacated; or
(2) Such assignee, receiver or trustee
has fully complied with the terms
and conditions of this chapter and
the license hereunder and has
executed an agreement, approved
by the court having jurisdiction,
assuming and agreeing to be
bound by the terms, and conditions
of the license.
(f) In the event of foreclosure or other
judicial sale of any of the facilities,
equipment or property of the licensee,
the County may revoke the license,
following a public hearing before the
Commission, by serving notice upon
the licensee and the successful bidder
at the sale, in which event the license
and all rights and privileges of the
license will be revoked ninety (90)
calendar days after serving such notice,
unless:
(1) The County has approved the
transfer of the license to the
successful bidder; and
(2) The successful bidder has
covenated and agreed with the
County to assume and be bound by
the terms and conditions of the
license.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-73. Removal and restoration;
removal required.
To the extent that it is determined to be
in the interest of th&health, safety, and welfare
of the public a licensee shall, upon notice,
promptly remove from the streets or public
places all portions of the system and poles of
such system.
(Ord. 90-73, § 1, 7-24-90)
Sec. 8AA-74. Restoration required.
(a) In the event of such removal as
referenced herein, the licensee shall promptly
and reasonably restore the street or other area
from which such property was removed to the
condition existing prior to the disruption of the
street or other area.
(b) If a licensee fails to properly and
promptly restore the area, the County, at its
election, may restore the area and cause
forfeiture of the permanent performance bond
in order to reimburse the County for any costs
and expenses it incurs for restoring the area.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-75. Continuity of service.
(a) It is the right of all subscribers to
receive all available services from the licensee
as long as their obligations to the licensee are
satisfied. It is a violation of this chapter for
the licensee to terminate service or fail to
38
provide service to its system for more than
forty-eight (48) consecutive hours. This
section does not apply to acts of God or acts
of war.
(b) In the event of a termination or
transfer of a license for whatever reason, the
licensee must do everything in its power to
ensure that all County subscribers receive
continuous uninterrupted service regardless of
the circumstance. If necessary, to ensure
continuity of service, the licensee must
cooperate with the County to operate the
system for a temporary period not to exceed
six (6) months. Revenues accrued during that_
period of time shall be received by the
operator. (Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-76. Appeal.
(a) All civil penalties enforced pursuant
to the provisions of Chapter 8CC, Code of
Metropolitan Dade County, may be appealed
as provided in that chapter.
(b) All decisions of the County Manager
may be appealed within thirty (30) days by
filing a written notice of appeal with the clerk
of the Board of County Commissioners and
providing copies to the County Manager and
the County Attorney. The notice of appeal
shall state the decision which is being
appealed, the grounds for the appeal, a brief
summary of the relief which is sought and be
accompanied by a nonrefundable fee of one
hundred dollars ($100.00) to cover the cost of
processing. The County Commission shall
conduct a public hearing at which time they
may affirm, modify or reverse the decision of
the County Manager. The County Manager
shall notify any party who has filed a written
request for such notification of the date when
the matter will be presented to the Board of
County Commissioners. Nothing contained
herein shall preclude the County Commission
from seeking additional information prior to
rendering a final decision. The decision of the
County Commission shall be in writing and a
copy of the decision shall be forwarded to the
County Manager and the appealing party.
(c) Within the time prescribed by the
appropriate Florida Rules of Appellate
Procedure, a party aggrieved by a decision of
the County Commission may appeal an adverse
decision to the Circuit Court in and for Dade
County, Florida. The party making the appeal
shall be required to pay to the Clerk of the
Board the sum of one hundred dollars
_x$100.00) to defray the costs of preparing the__
record on appeal.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-77. Force majeure.
In the event the licensee's performance of
any of the terms and conditions or obligations
required by this chapter is prevented by a
cause or event not within the licensee's control,
such inability to perform shall be deemed
excused and no penalties or sanctions shall be
imposed as a result thereof; provided,
however, that such inability to perform shall
relieve the licensee of its responsibility to
provide enhanced credits and rebates pursuant
to Section 8AA-58(e), but shall not relieve a
licensee from its general obligations to provide
pro rata credits or rebates for interruptions in
service. For the purpose of this section,
causes or events not within the control of the
licensee shall include without limitation acts of
God, strikes, sabotage, riots or civil
disturbances, restraints imposed by order of a
governmental agency or court, explosions, acts
of public enemies, and natural disasters such as
floods, earthquakes, landslides, and fires, but
shall not include financial inability of the
licensee to perform or failure of the licensee to
obtain any necessary permits or licenses from
other governmental agencies or the right to use
39
the facilities of any public utility where such
failure is due solely to the acts or omissions of
the licensee, or the failure of the licensee to
secure supplies, services or equipment
necessary for the installation, operation,
maintenance or repair of the cable
communications system where the licensee has
failed to exercise reasonable diligence to
secure such supplies, services or equipment.
(Ord. No. 90-73, § 1, 7-24-90)
Sec. 8AA-78. County's right of
intervention.
The County hereby reserves to itself and
the licensee acknowledges the County's right
to intervene in any suit, action or proceeding
involving the license granted hereunder or any
provision in this chapter.
(Ord. No. 90-73, § 1, 7-24-90)
CODE ENFORCEMENT
SCHEDULE OF CIVIL PENALTIES
8AA-3. Operating a cable without a Dade County license 500.00
8AA-12. Installing facilities or providing services outside priority service area 500.00
8AA-14. Failure to obtain approval to transfer a license 500.00
8AA-21, 8AA-22. Failure to maintain insurance 500.00
8AA-23, 8AA-24. Failure to maintain bond or letter of credit . . . . . . . 500.00
8AA-27. Failure to comply with construction and limitations 500.00
8AA-31. Failure to submit construction plan 100.00
8AA-35(g) Failure to bury drop cable 50.00
8AA-36(c) Failure to properly identify vehicles and field personnel 50.00
8AA-36(d) Failure to maintain membership in LI.N C L E 100.00
8AA-39. Improper grounding 200.00
8AA-41. Failure to provide equipment for the hearing impaired 50.00
8AA-42. Failure to provide standby power 50.00
8AA-45. Failure to provide A/B switch 50.00
8AA-47. Failure to provide emergency override facilities 100.00
8AA-48. Failure to service public building 100.00
8AA-50(b), Failure to provide required educational and government access channels 500.00
8AA-S0(c).
8AA-50(f). Failure to contribute capital costs 200.00
8AA-52, 8AA-53, Failure to comply with record and reporting requirements 100.00
8AA-54.
8AA-57(a). Failure to maintain office 100.00
8AA-57(b). Failure to maintain telephone system 100.00
8AA-57(f). Failure to maintain office hours 100.00
8AA-58(c). Failure to extend service to development 100.00
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