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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 Page 1 of 3 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. Page 2 of 3 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 Page 3 of 3