Resolution 2006-080
RESOLUTION NO, 2006 - 80
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND
FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA HOUSE
BILL 1199 (RELATED TO CABLE TELEVISION AND VIDEO PROGRAMMING
SERVICES) AND ANY SIMILAR PROPOSED FLORIDA BILL; AND DIRECTING
THAT THIS RESOLUTION BE FORWARDED TO COLLIER COUNTY'S LOCAL
LEGISLATURE DELEGATION, TO FLORIDA'S GOVERNOR, AND TO THE FLORIDA
ASSOCIATION OF COUNTIES AND THE FLORIDA LEAGUE OF CITIES
WHEREAS, proposed Florida House Bill 1199, inappropriately entitled the
"Consumer Choice Act of 2006" (which Bill neither protects nor facilitates any choices of
consumers of cable television services), among other things, provides that no
municipality or county shall not grant any new franchise for provision of cable service
within its jurisdiction and shall not renew any such existing local franchise; provides that
no franchising authority, state agency or political subdivision may impose any buildout
requirements on any holder of a Florida issued certificate; removes all authority of local
franchising authorities, including Collier County, to require that any such certificate
holders respond to any customer's service complaints, but instead requires that all
customer service quality complaints be "received by" the Florida Department of
Agriculture and Consumer Services but specifies no such customer service quality
standards or applicable penalties to be enforced by that Department; provides that only
the so-called "incumbent cable service provider" (if one exists in the respective county
or municipality) shall comply with customer service requirements reasonably
comparable to referred to standards in Chapter 47, Code of Federal Regulations, until
there are two or more providers offering service, excluding direct-to-home satellite
service, in the respective service area; grants all service providers absolute immunity
from legal liability regarding public, educational and governmental ("PEG") access
channels and transfers that liability to the county or municipality receiving benefit of the
respective channel; prohibits all counties and municipalities from requiring that the
holder of a state certificate must have a business office in the county or municipality;
prohibits counties and municipalities from imposing many other currently, by law,
authorized requirements upon holders of state certificates; and
WHEREAS, proposed House Bill 1199 authorizes cable franchisees to
unilaterally terminate existing cable franchises, which appears to be legislation that
impairs the obligation of contracts in violation of Florida's Constitution and of the
Constitution of the United States; and
WHEREAS, there are many problematic ambiguities and omissions in proposed
House Bill 1199; which could result in readily avoidable disputes and potential litigation;
and
WHEREAS, Collier County, Florida, enacted Collier County Ordinance No. 88-
90, as amended, providing for issuing of cable television franchises prerequisite to
installation, construction and operation of cable television systems in unincorporated
Collier County (that use public right-of-way); and
WHEREAS, pursuant to Ordinance No. 88-90, as amended, Collier County has
granted four (4) cable television franchises, all of which are active and mutually binding
on the respective contracting parties; and
WHEREAS, current Florida law requires cable television operators to acquire
local cable franchise agreements from local governments before providing cable service
within the respective local government's jurisdictional area if the service provider
requires any use of the local government's jurisdictional public right-of way; and
WHEREAS, the currently existing obligation to apply for and acquire a local cable
franchise to provide video services stems both from inherit local government authority
over the use of its jurisdictional public rights-of-way and from a Federal Statute entitled
the 1992 Cable Act, Title VI; and
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WHEREAS, Collier County, through its cable TV franchising Ordinance, has
negotiated and obtained benefits that satisfy the cable television related needs of our
community, including broadcast of County Commission public meetings, services to
public schools and other governmental facilities, and other services that support
important educational and public interests; and
WHEREAS, it is in the best interests of customers of cable service providers in
Collier County, and throughout Florida, that local governments retain all of their
currently existing authority to require, enforce and grant term extensions to, local cable
television franchise agreements; and
WHEREAS, the requirement to acquire a cable TV local franchise is not a burden
to entities that propose to provide cable television services, as evidenced by Collier
County's currently existing four (4) cable franchises; and
WHEREAS, pursuant to proposed Florida House Bill 1199, future cable
franchising would be accomplished only by the State of Florida thereby eliminating
potential obligations to consider the needs of the respective local governments,
including only cursory, limited review of any application or eligibility requirements; and
WHEREAS, Florida House Bill 1199 promotes and facilitates "cherry-picking" as
neighborhoods can readily be bypassed at the whims of cable service providers; and
WHEREAS, all statewide cable franchises are to be fully transferable to any
successor in interest without analysis of the assignee's ability to properly operate a
cable system; and
WHEREAS, the proposed statewide franchise does not obligate provision of
cable service for any duration of time, nor require compliance with customer service
standards if the service area is serviced by at two (2) service providers; and
WHEREAS, for each of the above reasons, the Board of County Commissioners
of Collier County, Florida, expresses its opposition to proposed Florida House Bill 1199,
which creates a statewide video franchise process and eliminates all future local cable
franchises as well as extensions of existing cable franchises; and
WHEREAS, Collier County's Board of County Commissioners urges members of
the Florida legislature and Florida's Governor to oppose and defeat proposed Florida
House Bill 1199; and
WHEREAS, the Board finds that is in the public interest, and in the interests of
Florida consumers of cable services, to forward this Resolution to all members of Collier
County's local Legislative Delegation, to Florida's Governor, to the Florida Association
of Counties and to the Florida League of Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTYL FLORIDA, that:
1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby incorporated herein as an integral part of this
Resolution.
2. The Board opposes proposed Florida House Bill 1199, and any other
substantially similar Florida Legislation, and urges all members of the Florida legislature
and Florida Governor, Jeb Bush, to oppose and defeat proposed House Bill 1199 and
any other similar Florida legislation.
3. County Manager, Jim Mudd, is hereby directed to immediately distribute a
copy of this Resolution to all members of Collier County's local Legislative Delegation,
to Governor Jeb Bush, to the Florida Association of Counties and to the Florida League
of Cities.
4. This Resolution shall be effective upon is adoption.
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ADOPTED by the Board of County Commissioners of Collier County, Florida, this
2- $ }"'~ay of March, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
B~~kBY
Deputy <:;Ierk
Atust ... to. a.c ,,.. .
IfgnlUn Gill''''
~~~~~
FRANK HALAS, Chairman
Approved as to form and legal sufficiency:
By: lOW\, ~ ~~
Thomas C. Palmer,
Assistant County Attorney
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