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Home My Public Portal About1993-19 Establishing the regulations re Cable Television Consumer Protection and Competition ActORDINANCE NO. 93-19 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER CABLE RATES; AUTHORIZING THE FILING OF COMPLAINTS WITH THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE; AUTHORIZING ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE; ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Cable Television Consumer Protection and Competition Act (the "Act") was enacted in October 1992 and sets forth basic minimum requirements with respect to cable television services and rates; and WHEREAS, the Federal Communications Commission (the "FCC") has promulgated regulations for the purpose of interpreting and enforcing the provisions of the Act; and WHEREAS, pursuant to such regulations, local franchising authorities are authorized to regulate the rates charged by cable television system operators for basic tier cable service and related equipment; and WHEREAS, pursuant to such regulations, local franchising authorities are authorized to regulate and enforce customer service requirements established by the Act; and WHEREAS, the FCC standards regarding customer service do not supersede any stricter customer service standards that may currently be in effect within the Village by virtue of existing franchises or state or local law; and WHEREAS, the Act permits local franchising authorities to file complaints with the FCC with respect to other tiers of cable television service; and WHEREAS, the Village desires to regulate basic cable television rates; and WHEREAS, the Village desires to authorize the filing of complaints with the FCC for other tiers of cable television service; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to file complaints with the FCC with respect to other tiers of cable television service that may exceed the FCC's cable rate benchmarks. Section 2. The Village shall implement enforcement of FCC cable television customer service obligations as set for in the Act and accompanying federal regulations. Section 3. Enforcement of FCC cable television customer service obligations shall not relieve any cable television system operator of any obligation or duty imposed by state or local law or ordinance or imposed in any cable television franchise, agreement or license. Section 4. The Village may impose, by subsequent ordinance, specific enforcement mechanisms and penalties for violation of the FCC cable television customer service obligations. Section 5. Except as provided herein or otherwise permitted by law, the Village recognizes and agrees to follow any regulations promulgated by the FCC in connection with the Act. Section 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 7. Inclusion in the Code. It is the intention of the Village, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; that the word "Ordinance" may be changed to "Section" or other appropriate word; and all ordinances, resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. Effective Date. This Ordinance will become effective immediately upon adoption on second reading. PASSED and ADOPTED on first reading this 12th day of October , 1993. PASSED and ADOPTED on second reading this 26th day of October ATTEST: , 1993. VILLAGE CLERK RAFAEL H. ONTE, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: V LA�RNEY MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super. visor, Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of VILLAGE OF KEY BISCAYNE SECOND READING OF ORDINANCES ON OCTOBER 26, 1993 X X X h the Court, was published in said newspaper in the issues of October 15, 1993 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant furt er says that she has neither paid nor promised any = on, m or corporation any discount, rebate, commis • r refu • for the purpose of secu g this advertise r publ ation in the said ne apey Swom to and subscribed before me this 15 day of October , 19..93 (SEAL) Octelma V. Ferbeyre person O HCIAL NOTA y SIAL AGNES F. PENA 49x t JC STATE OF FLORIDA COMM SSION NO. CC 1?2108 MY COMMiSSION EXP. JAN. 6,1995 I VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun- cil •at a meeting to be held on Tuesday, October 26, 1993, at 7:00 p.m., in the Council Chamber, at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PEN- ALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER RATES; AUTHORIZING THE FILING OF COMPLAINTS WITH THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE; AUTHORIZING THE ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE; ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. Copies of the proposed ordinances may be obtained at Village Hall, Office of the Village Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet- ing, that person shall insure that a verbatim record of the pro- ceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Guido H. Inguanzo, Jr. Village Clerk 10/15 93-4-101512M