Resolution 2003-166
RESOLUTION NO. 2003 .-li.L
IDE ",
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, OPPOSING PROPOSED SENATE BILL
654 (pCB BR 03-06) WHICH REMOVES LOCAL GOVERNMENTS'
AUTHORITY TO ENFORCE EXISTING CABLE FRANCHISE
AGREEMENTS WITH REGARD TO ALL BROADBAND OR
INFORMA TION SERVICES, AND, ALLOWS TELEPHONE
COMPANIES TO IMPLEMENT UNCONSCIONABLE RATE
INCREASES WITH VERY LIMITED GOVERNMENTAL OVERSIGHT
WHEREAS, during Florida's 2002 Legislative Session, Governor Bush vetoed
last year's proposed House Bill 1683, which would have accomplished essentially the
same results as the provision containt:d in currently proposed Senate Bill 654 and House
PCB BR 03-06 ("the BILLS"); and
WHEREAS, Governor Bush announced that last year's proposed House Bill
1683 was based on "ambiguities and circular logic" and would "tic the hands of the
Florida Public Service Commission"; and
WHEREAS, this year's redial of last year's bad Bill fails to correct the ills that
were highlighted in Governor Bush's veto message because the new "BILLS" (a) insulate
industries from competition from wireless and Internet messaging services by shifting
losses in access fee revenues to concurrent "revenue neutral" increases in local service
basic rates, (b) by no means guarantee that competitors will enter into the applicable
markets, and (c) do not allow residential customers and small business to realize savings
and opportunity in their local service that they may realize in other telecommunications
sectors; and
WHEREAS, Governor Bush has said that the new "BILLS" are "acceptable"
because in his opinion they grant to the Florida Public Service Commission sufficient
authority to decide to what extent the subject telephone rates can be increased; and
WHEREAS, in fact the "BILLS" afford customers very little, if any, effective
protection, but instead, will allow elected officials to "blame" the appointed Florida
Public Service Commissions for the inevitable, unconscionable rate increases that will
certainly occur to millions of telephone customers with regard to their basic local
telephone service; and
WHEREAS, the "BILLS" will allow rates for residential basic telephone service
to increase by up to 67 percent in as few as the first 2 years, and will also allow
residential local telephone rates to increase up to 20 percent per year every year
thereafter; and
WHEREAS, the "BILLS" can result in customers who use local telephone
service collectively paying as much as $1 BilIion more per year in as few as three years,
and the quality of this service can decrease due to other provisions in these "BTLLS"; and
WHEREAS, the "BILLS" contain the following text: "No local government
shall have the authority to directly or indirectly regulate the terms and conditions,
including, but not limited to, the operating systems, qualifications, services, service
quality. Service territory, and prices, applicable to or in connection with the provision of
any broadband or information service"; and
WHEREAS, the text noted above removes from ColIier County regulatory
jurisdiction the specified items with regard to all of the County's cable television
franchisees, and Collier County believes such removal of regulatory authority is not in
the public interest and may even be an unconstitutional impairment of Collier County's
contract rights with regard to its existing cable television Franchise Agreements.
(
IDE III
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners of Collier County, Florida, strongly
opposes proposed Senate Bill 654 (and its counter-part proposed PCB BR 03-06) from
being enacted into law because these proposed Bills allow unconscionable, unjustified
increases to rates for local telephone service, and also prevent Collier County, and all
other local governments, from enforcing their existing cable television Franchise
Agreements with regard to all activities classified as "broadband and information
services. ..
This Resolution adopted this ~~ day of April 2003, after motion, second and
majority vote in favor of adoption.
ATTEST
DWIGH'f, Er BRgCK, Clerk
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.h.u .De. puty Clerk;
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ApprOlie,d a,s. to form
and legal stlfficTency:
By: to'^" P~v-.---
Thomas Palmer,
Assistant County Attomey
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, RIDA
By: