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Resolution 2006-082 RESOLUTION NO. 2006- 82 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXPRESSING ITS OPPOSITION TO SENATE BILL 1504 (THE "BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" - S, 1504), URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION TO S, 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE COUNTY'S CONGRESSIONAL DELEGATION, TO OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE BY THE COUNTY MANAGER, AND TO THE PRESIDENT OF THE UNITED STATES WHEREAS, on August 2, 2005, Senators John Ensign and John McCain introduced a proposed Federal Statute called the "Broadband Investment and Consumer Choice Act of 2005" (S. 1504); and WHEREAS, the Board of County Commissioners of Collier County, Florida, opposes passage of S. 1504 and any other similar federal legislation because: . The Bill will preempt all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of-way; . Collier County's four (4) existing negotiated Franchise Agreement with its Franchised cable operators will be abrogated by this Bill; . The Bill will substitute a new compensation methodology lowering the existing franchise fee and replacing it with a fee, or in the State of Florida, the cable component of the Communications Services Tax, which must be justified as being "reasonable" in the eyes of the user, limited to management costs (which denies the rights of the property owner to obtain fair and reasonable compensation for such uses of public property for private gain), and not in excess of 5%; · These requirements and restrictions will result in the creation of a subsidy to the cable and telecommunications industries at the expense of the Collier County's taxpayers; . The Bill will substantially reduce the amount of capacity which may be required by local governments to meet their public, educational and government ("PEG") access needs, while stripping Collier County's ability to obtain capital support for the use of PEG capacity - part of the bargain contained within Collier County's negotiated franchise agreements - with the result that the community's cable-related needs and interests would not be met; · The Bill will deprive local citizens of opportunity to address local issues locally, by removing to the state all customer service issues and by denying consumers any form of recourse for any actions of a communications provider; · The Bill will eliminate any "build-out requirements" for any video service provider, thereby allowing providers to discriminate based on the wealth of the local neighborhoods they may choose or not choose to serve; · The Bill will preempt any state or local law that is not generally applicable to all businesses, thereby potentially preempting any law applicable to only certain classes of businesses, such as utilities and rights-of-way users (e.g., requiring undergrounding of facilities and ensuring electric code compliance); Page 1 of 3 · The Bill will prohibit local governments, including Collier County, from imposing any fee for issuance of rights-of-way construction permits yet would require all local governments to act on requests for permits in a timely manner as may be determined solely by the FCC, thereby insinuating inappropriate federal government involvement in the basic day-to-day management of local rights-of-way; · The Bill will prohibit municipalities and their utilities from providing communications services without giving a right of first refusal to private industry, and will then grant industry unfettered access to all municipal facilities and financing in the event private industry chooses to provide services; · The Bill will deprive Collier County and all other local governments of the now existing authority to establish and maintain government owned and operated networks (known as )institutional networks"), that may be utilized by first responders and other government officials in the day-to-day management of the respective local government's business; · The Bill will permit broadened preemption of local zoning decisions relating to the geographic placement of cell towers, depriving all local governments of the existing authority to ensure that such towers are safely and appropriately located in geographic areas to provide the greatest degree of services without unnecessarily reducing the value of adjacent and nearby privately owned real property or posing a hazard to the public health, safety and welfare; and · The Bill will eliminate the protection that local governments currently have against liability for damages and attorneys fees in lawsuits brought by communication service providers against local governments, a type of litigation that the Bill would seem to invite service providers to bring. WHEREAS, for the above-stated reasons, the Board of County Commissioners of Collier County, Florida, hereby finds that it opposes S. 1504 and urges members of the Congress of the United States, and the President of the United States, to defeat S. 1504; and WHEREAS, the Board of County Commissioners of Collier County, Florida hereby finds that this Resolution should be forwarded to its Congressional Delegation, to other members of Congress as deemed appropriate by the County Manager, and to the President of the United States. NOW, THEREFORE, BE IT RESOLVED BY THE ABOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTYM FLORIDA that: Section 1, For the reasons stated above, the Board declares its opposition to S. 1504 and urges members of Congress to oppose and defeat S. 1504. Section 2. The Board hereby directs that this Resolution be forwarded immediately to the County's Congressional Delegation, to other members of Congress as deemed appropriate by the County Manager, and to the President of the United States. Section 3, This Resolution shall become effective immediately upon its adoption. Page 2 of 3 #- ADOPTED this Z. ~ day of JYI4ttl-l majority vote favoring adoption. ,2006 after motion, second and ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY~.~CBY: ~-.>~/ Deputy Clerk FRANK HALAS, Chairman Att!st at to Ch f S1Qnatur~ onJw · ~ I Approved as to form and legal sufficiency: By: lb~ ?J~ Tho as C. Palmer, Assistant County Attorney Page 3 of 3