BCC Minutes 01/19/1999 J (w/Marco Island City Council) January 19, 1999
TRANSCRIPT OF THE SPECIAL JOINT
MEETING WORKSHOP OF THE
BOARD OF COUNTY COMMISSIONERS
Marco Island, Florida, January 19, 1999
LET IT BE REMEMBERED, that the Board of County Commissioners, in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 a.m. in SPECIAL SESSION at Radisson
Hotel, Marco Island, Florida, with the following members present:
CHAIRWOMAN: Pamela S. Mac'Kie
Barbara B. Berry
John C. Norris
Timothy J. Constantine
James D. Carter
ALSO PRESENT: Robert Fernandez, County Administrator
David Weigel, County Attorney
Ed Ilschner, Public Works Administrator
Mike McNees, Assistant County Administrator
MARCO ISLAND CITY COUNCIL MEMBERS PRESENT:
David E. Brandt, Chairman
E. Glenn Tucker
Ruth J. Schuler
Kjell W. Pettersen
John Soldenwagner, Vice-Chair
Ed R. Day
Harry Cowin
ALSO PRESENT FOR MARCO ISLAND CITY COUNCIL:
Laura Litzan, Deputy City Clerk
A. William Moss, City Manager
Ken Cuyler, City Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and the
MARCO ISLAND CITY COUNCIL
MEETING
TUESDAY, JANUARY 19, 1999
9:00 A.M.
TO BE HELD AT THE MARCO RADISSON RESORT
600 SOUTH COLLIER BLVD.
MARCO ISLAND, FLORIDA
AGENDA
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD/COUNCIL WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
1. INVOCATION - Joy Baumgartner - United Church of Marco Island.
2. PLEDGE OF ALLEGIANCE
3. ITEMS FOR DISCUSSION:
A. INTERLOCAL AGREEMENT REGARDING THE COLLECTION AND
DISTRIBUTION OF IMPACT FEES.
B. DEDICATION OF ROADS, ROAD RIGHTS-OF-WAY AND DRAINAGE
EASEMENTS.
C. DISTRIBUTION OF CABLE TELEVISION FRANCHISE FEES.
D. FUNDING OF LAW ENFORCEMENT SERVICES PROVIDED BY THE COLLIER
COUNTY SHERIFF'S OFFICE WITHIN THE CITY OF MARCO ISLAND.
4. ADJOURN
January 19, 1999
CHAIRMAN BRANDT: Good morning, everyone. Mr. Constantine, how
are you? We've been a long time getting here.
And we have Ms. Joy Baumgartner with us this morning to lead us
in the invocation. And we have a flag over on that side, so we'll do
allegiance. And vice chair Soldenwagner will lead us in the
allegiance.
MS. BAUMGARTNER: Let's center ourselves for a time of prayer.
Most holy and loving God. God, we come to you from so many
different places, so many different traditions, and some of us call
you by such different names. And we try to find a common language,
'O, God, even for prayer, as we try to find a common language to
struggle with the issues of the day.
And so we come, 'O, God, asking for your guidance and your
inspiration, knowing that whatever name we choose to call you, we
seek to go deep into our hearts and our lives and look for a
presence, a presence that is inspiring and guarding and guiding us
each and every day.
God, this day we gather and we look once more for guidance and
inspiration. God, we come, having heard your still, small voice, and
we come recognizing ourselves as your servant and the servant of so
many.
God, in hearing the voice of servanthood, we understand that any
decision we make is never based on what we alone think is best, but
what we together corporately believe is best for all.
And so, 'O, God, this day we ask that you guide us to that
purpose, that you thrill us with your presence, that you fill us with
your spirit, and that this be a time not only for business and
decision-making, but for fellowship and community building as well.
And we pray this, that you will always be our guide. Amen.
(Pledge of allegiance was recited in unison.)
CHAIRMAN BRANDT: Thank you.
Chairman -- I don't know whether you want to be called
Chairwoman or Chairman.
CHAIRWOMAN MAC'KIE: Woman. Can't be a man.
CHAIRMAN BRANDT: Chairwoman.
CHAIRWOMAN MAC'KIE: Thanks.
CHAIRMAN BRANDT: Well, I see on the agenda it says chairman, so
CHAIRWOMAN MAC'KIE: That's okay.
CHAIRMAN BRANDT: -- I wanted to clarify that.
CHAIRWOMAN MAC'KIE: Thanks.
CHAIRMAN BRANDT: We have talked, and basically if everyone
would agree, I will basically chair the meeting with a lot of help
from Chairwoman Mac'Kie. And what we will do is I've offered that I
would make a short welcoming statement, and Chairwoman Mac'Kie will
make some kind of a comment.
Page 2
January 19, 1999
And then we thought we'd introduce ourselves, because I don't
know that we all know each other. And we can do that quickly and
introduce our staffs as you wish. So along that line, then I have '-
if I can find my prepared statement here, which I had right on the
tip of my tongue -- here it is.
As I indicated, it's taken us awhile to get here, and it's our
pleasure to welcome you to the City of Marco Island. Thank you for
agreeing to meet with us here at the Radisson Hotel, as directed by
you, your county administrator, and our city manager, as directed by
us, have jointly developed an agenda for this, our first joint
meeting. They and their staffs have provided an agenda of substance
on four significant issues.
We, as I'm sure you do, enter the discussion of these issues
with a high degree of optimism and a spirit of cooperation. I feel
sure that the outcome of this meeting will be to the benefit of our
respective constituencies. So thank you for being here --
CHAIRWOMAN MAC'KIE: Thank you.
CHAIRMAN BRANDT: -- Chairwoman Mac'Kie.
CHAIRWOMAN MAC'KIE: I'm much less prepared and have much less
formal remarks to make, but just thank you for having us, and I'm
glad to hear that you have optimism about today's meeting. I
certainly do, too.
I don't know if you have read the Naples Daily News today, but
their article is a little disheartening about today's meeting. And I
want to just put that on the table and hope that we can put it behind
us and not let them set the agenda for today's meeting, because we
are all here in open minds to decide how we're going to work with the
transition and get these details worked out. So we appreciate you
being here and having us.
CHAIRMAN BRANDT: Okay. Perhaps you would like to introduce
yourselves?
COMMISSIONER CARTER: My name is Jim Carter, I am commissioner,
district two.
COMMISSIONER CONSTANTINE: I'm Tim Constantine, I'm the
commissioner from district three.
CHAIRWOMAN MAC'KIE: I'm Pam Mac'Kie, from district four.
COMMISSIONER NORRIS: I'm John Norris, from district one.
COMMISSIONER BERRY: I'm the loan ranger, I'm Barbara Berry,
district five.
CHAIRMAN BRANDT: Do you want to introduce any of your staff?
CHAIRWOMAN MAC'KIE: I think -- feel free to introduce
yourselves, please.
MR. ILSCHNER: Ed Ilschner, public works administrator.
MR. McNEES: Mike McNees, assistant county administrator.
MR. FERNANDEZ: Bob Fernandez, county administrator.
MR. WEIGEL: David Weigel, county attorney.
Page 3
January 19, 1999
CHAIRMAN BRANDT: Thank you. And Councilman Cowin, if you would
start.
COUNCILMAN COWIN: Just Harry Cowin. Welcome.
COUNCILMAN DAY: Ed Day.
COUNCILMAN SOLDENWAGNER: Good morning, John Soldenwagner. Glad
to see you today.
CHAIRMAN BRANDT: And I'm David Brandt.
COUNCILMAN PETTERSEN: And I'm Kjell Pettersen.
COUNCILWOMAN SCHULER: Ruth Schuler.
COUNCILMAN TUCKER: Good morning, I'm Glenn Tucker. It comforts
me to see that we have your staff captive over here. Maybe it will
give us an edge.
MR. McNEES: Watch your back.
CHAIRMAN BRANDT: And we'll have our staff introduce themselves.
MR. CUYLER: Ken Cuyler, with the law firm of Roetzel and
Andtess.
CHAIRWOMAN MAC'KIE: I think we've met before.
MR. CUYLER: We have.
MR. MOSS: I'm Bill Moss. I'm the city manager of Marco Island.
MS. LITZAN: I'm Laura Litzan, the deputy city clerk.
CHAIRMAN BRANDT: Thank you.
Item #3A
INTERLOCAL AGREEMENT REGARDING THE COLLECTION AND DISTRIBUTION OF
IMPACT FEES - APPROVED
If it's your pleasure, we will then launch into the agenda. And
the first item is the interlocal agreement regarding the collection
and distribution of impact fees.
And if you'll permit me, since I think each of you have the copy
of the agreement that both the city manager and your county
administrator have signed, I will just read -- they're short, so I
will just read them quickly.
So the first item is interlocal agreement regarding the
collection, the distribution of impact fees. Considerations: An
agreement has been drafted which defines the method of distribution
of impact fees collected by Collier County from properties within the
city limits of Marco Island.
The agreement covers the various impact fees as follows: County
-- community park impact fees. All unspent community park impact
fees collected to date from within the Marco Island city limits are
proposed to be transferred to the city. As of October 1, 1998, the
county no longer assesses or collects these fees.
Road impact fees. The city would assist the county in
collecting road impact fees imposed within the boundaries of the
city. The city will retain 60 percent of the road impact fees
Page 4
January 19, 1999
collected in each fiscal year. The county shall transfer road impact
fees collected within the boundaries of the city during the period
October 1, 1997 through September 30th, 1998, less applicable capital
expenditures, with 40 percent of said collected fees to be used for
San Marco Road, 92, improvements, or at the discretion of the county
for any other applicable roadway improvement within the city limits.
Next one is library, regional park, emergency medical service
and educational facilities' impact fees. The city would assist with
the collection of these fees. The expenditure of these funds is
unchanged by the incorporation of the City of Marco Island.
And then we have a staff recommendation. It is the joint
recommendation of the county administrator and the city manager that
the attached interlocal agreement related to the collection and
distribution of the impact fees be adopted by their respective
governing bodies. Signed by Bob Fernandez, county administrator, and
A. William Moss, city manager.
So I open it up for comment.
CHAIRWOMAN MAC'KIE: If I may just first, Mr. Chairman, I think
our staff has one typographical error that we found in the agreement.
Am I right, Mr. McNees?
MR. McNEES: That's correct, Madam Chairwoman.
If you'll go to page five of your agenda package, which I
believe is the third page of the actual agreement, the last
paragraph, the bottom of the page, refers to section Roman numeral
VIII. Should be Roman numeral VII. Other than that, this agreement
is ready to be approved as it stands.
CHAIRWOMAN MAC'KIE: Thank you, Mr. McNees.
COMMISSIONER NORRIS: Madam Chairwoman, if our staff is in
agreement with this, then I'll make a motion that the County
Commission approve this interlocal agreement. COMMISSIONER BERRY: Second.
CHAIRWOMAN MAC'KIE: Any discussion on the motion?
COMMISSIONER NORRIS: I guess we should wait until -- make sure
that their staff is in agreement as well before you call that.
CHAIRMAN BRANDT: Okay. Then I will entertain a motion from the
staff -- from the council members.
COUNCILMAN COWIN: I move that we approve the recommendation as
submitted.
CHAIRMAN BRANDT: Do we have a second?
COUNCILMAN DAY: I second --
COUNCILWOMAN SCHULER: I'll second.
COUNCILMAN DAY: -- Mr. Chairman.
CHAIRMAN BRANDT: Okay, it's been moved and seconded by
Councilman Cowin (sic) and seconded by Councilman Day that we approve
it and adopt it.
CHAIRWOMAN MAC'KIE: Is it the desire of the group that we
address these issues one at a time, or that we -- my thought was that
Page 5
January 19, 1999
we would go through these and conceptually agree or disagree with our
staff's recommendations, and then at the end of the day or at the end
of the meeting, which I hope is not the end of the day, to draw a
conclusion on all of them. Because there may be some need for
movement in some of the individual items as we negotiate the final
item.
Is that -- I mean, that was my thought, unless the majority --
COMMISSIONER CONSTANTINE: That sounds reasonable.
CHAIRMAN BRANDT: Any thoughts on this side?
COUNCILMAN COWIN: No problem.
COUNCILMAN TUCKER: That's not what I anticipated, but I don't
have strong feelings about it.
CHAIRWOMAN MAC'KIE: It just seems to me that it would make
sense that we would agree in concept with our staff's recommendation
on the first item and then go through to the second item and conclude
with the package.
COUNCILMAN SOLDENWAGNER: Again, I don't have strong feelings
about it; however, what we may be getting into is perhaps if there is
a sticking point on one of these items, it might hold up some of the
others, and perhaps we may want to address these things
incrementally. Just a suggestion.
CHAIRWOMAN MAC'KIE: Well, and another thought is that maybe the
agenda is exactly backwards of the way -- the order we should take it
in. And I didn't think to discuss this with our administrator. But
the only question, the only item where we don't have joint
recommendations from our two staffs is 3-D which is law enforcement
issue. Maybe we should have it -- discuss it first and then move on
to the easy ones. But that's my reason for wanting to leave, you
know, some opening on the other items.
COMMISSIONER CARTER: Madam Chair, may I suggest we just get
agreement on the ones where we are in agreement, A, B around C. I
think they are relatively straightforward. We get those in
agreement, we could pass those all as one, and then get to the issue
that is going to take the most time for discussion?
CHAIRWOMAN MAC'KIE: My only thought is at least -- there were
at least two of us before, Commissioner Constantine and I, who were,
you know, uncertain on item C, the franchise fees pending resolution
of the law enforcement issues. So I just don't want to go through
these and check them off and then, you know, leave that issue.
COUNCILMAN SOLDENWAGNER: May I make a suggestion then? Perhaps
maybe why don't we address one and two, if that's a slam dunk on both
sides, take care of those two items, and then hash out three and
four.
CHAIRWOMAN MAC'KIE: Is that a good idea?
CHAIRMAN BRANDT: That sounds like a good idea.
CHAIRWOMAN MAC'KIE: That's acceptable to our board. I'll call
the question on 3-A. All in favor, please state aye.
Page 6
January 19, 1999
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motion passes unanimously.
CHAIRMAN BRANDT: And I will do likewise on this side.
All in favor of the motion on item 3-A, say aye.
Opposed?
(No response.)
CHAIRMAN BRANDT: Motion passes and adopted. Thank you.
Page 7
2437032 OR: 2514 PG: 2920
CLERK TO THN BOARD RECORDED in the O~FICIAL RECORDS of COLLIER COUNTY,
INTERO~FICB 4TH 500R 02/19/99 at 03:I5PM DWIGHT N. BROCK, CLERK COPIES ~-~
NXT 7240
]NTE~OCAL AG~E~E~T '"
]~PACT FEES
THIS ~TH~OC~ AO~H~H~T is ~ade ud entered into ~is
day often. ~ ~/ , ] 999, by ~d between the Bo~d of Co~ty Co~{ss{oners of
Collier County, Florida (herdhater called the "CO~TY") and the City Council of the
C{~ of~arco Island, P]odda~ (here{hater called the "CITY").
~H~AS, Chapter 74 of the Collier County Code of Ordinances provides for
the {~pos{t{on of {~pact fees to provide a so~ce of revenue to f~d the const~ct{od~
{~prove~ent of regional ~d co~{ty p~ks, the ]{br~ system, the
~ed{ca] seduces system, roads, ~d ~ducat{ona] facilities system; ~d
~E~AS, the {~pact fees provided by the Collier County Code of Ordinances
~e {~posed {n both the un{nco~orated ~d ~nco~orated ~eas of Collier County; and
~H~AS, the p~{es are desirous of estab]{sh{n~ a un{fo~ procedure for the
collection of {~pact fees ~hereby {~pact fees shah be {~posed ~d calculated as
provided {n Chapter 74~ Collier County Code of Ord{n~ces, and that such {~pact fees
~ust be paid prior to the {ssu~ce of a building pea{t; and
~H~AS, Chapter 74, Collier County Code of Ordinances provides that
~{c{pa]{ty ~ay enter into ~ interlocal agreement ~{th Collier County prov~d{n~ for the
collection of ~pact fees, ~d as such {~pact fees shah be collected ~d paid
accord~ce ~{th the provisions of the interlocal a~ree~ent; and
3
WHEREAS, the parties agree that it is in the best interest of Collier County
residents that impact fees imposed on new development be collected and accounted for in
an expeditious and efficient manner, and that such efficiency can be achieved by the
collection of impact fees by the local government issuing building permits.
NOW, THEREFORE, in consideration of the premises the parties agree as follows:
Section I. Agreement.
The CITY hereby agrees to assist and cooperate with the COUNTY in collecting impact
fees as set forth in Chapter 74 of the Collier County Code of Ordinances within the
boundaries of the CITY.
Section II. Payment of Fees.
The CITY shall require, as a condition to the issuance of a building permit, the payment
to the CITY or proof of payment of all impact fees imposed by the COUNTY for a
proposed construction and/or alteration project.
Section IlL Parks and Recreation Facilities Impact Fees, Emergency Medical
Services System Impact Fees, Library System Impact Fees, and Educational
Facilities System Impact Fees.
The CITY agrees to assist and cooperate with the COUNTY in collecting Regional Parks
and Recreation Facilities Impact Fees, Emergency Medical Services System Impact Fees,
Library System Impact Fees, and Educational Facilities System Impact Fees as set forth
in Chapter 74, Collier County Code of Ordinances and imposed within the boundaries of
the CITY in accordance with the following:
4
The CITY shall require, as a condition to the issuance of a Building Permit, the payment
to the CITY of the Regional Parks and Recreation, Emergency Medical Services System,
Educational Facilities System, and the Library System Impact Fees imposed by the
COUNTY for the proposed construction or alteration. To reimburse the CITY for the
costs incurred in the collection of these Impact Fees under the County Ordinance, the
CITY shall be reimbursed by the COUNTY in an amount equal to two percent (2%) of
the amount collected from each respective Impact Fee as compensation for the
administrative cost to collect these Impact Fees. Both parties acknowledge that the
amount reimbursed is equal to the cost incurred for the collection of these fees, including
any increase in bonding or surety cost from the handling of these additional monies. The
Regional Parks and Recreation, Emergency Medical Services System, Education
Facilities System, and Library System Impact Fees collected shall be remitted in
accordance with Section VII of this agreement.
Section IV. Road Impact Fees.
The CITY agrees to assist and cooperate with the COUNTY in collecting Road Impact
Fees as set forth in Chapter 74, Collier County Code of Ordinances and imposed within
the boundaries of the CITY.
The CITY shall require, as a condition to the issuance of a Building Permit, the
payment to the CITY of the Road Impact Fees imposed by the COUNTY for the
proposed construction or alteration. The CITY will retain 60% of the Road Impact Fees
collected in each CITY fiscal year (October 1 through September 30) which shall be used
for capacity improvements and additions to the transportation network which are
necessitated by road impact fee construction in accordance with the provisions of Chapter
74, Collier County Code of Ordinances. The Road Impact Fees collected above the 60%
shall be remitted to the COUNTY in accordance with Section VII of this agreement. Said
monies remitted to the COUNTY shall be used for capacity improvements on CITY,
COUNTY, and/or State roads within or adjacent to the existing or amended boundaries
of the CITY. Representatives of the CITY and COUNTY shall meet at least annually to
coordinate and prioritize their respective projects to facilitate effectiveness of capacity
improvements.
Section V. Developer Contribution Credits.
Any credit granted against any impact fees collected or imposed by Chapter 74, Collier
County Code of Ordinances, for certain donations of land or for the contribution of off
site improvements to the transportation network required to be made pursuant to a
development order by the CITY or if voluntarily made in connection with road impact fee
construction, shall be approved by the COUNTY.
Section VI. Review Hearings.
Collier County shall conduct any review hearings requested by an applicant or an owner
under the provisions of Chapter 74, Collier County Code of Ordinances.
Section VII. Remittance.
The impact fees collected from developments within the city limits of Marco Island shall
be remitted, without interest, by the CITY, to the COUNTY monthly. The remittance of
6
funds to the COUNTY shall take place by no later than the fifteenth (1 5th) of the month
following the month of impact fee collection.
The COUNTY shall transfer road impact fees collected within the boundaries of the
CITY during the period October 1, 1997 through September 30, 1998, less applicable
capital expenditures, with forty percent (40%) of said collected fees to be used for San
Marco Road (CR92) improvements or at the discretion of COUNTY for any other
applicable roadway improvement within the city limits. Road impact fees collected for
the Esplanade project, Collier County Site Development Plan (SDP) Number 97-155A
shall also be transferred to the CITY.
Any unspent community park impact fees collected within the Marco Island district shall
be transferred to the CITY.
Section VIII. Term.
This agreement shall be for an initial term of twelve (12) months beginning October 1,
1998, through September 30, 1999. This initial term shall be automatically renewed for
additional one-year terms commencing October 1 of each year and terminating September
30 of the succeeding year unless one party delivers a written notice of termination to the
other party prior to August 1 of each year.
Section IX. Right of Review.
CITY and COUNTY shall each have the reciprocal right to review the records of the
other as to the receipt, allocation, and expenditure of impact fees, including records as to
the issuance of building permits. All such inspections shall be made upon reasonable
notice and at reasonable times and places.
7
Section X. Amendments.
The COUNTY shall provide written notice to the CITY of amendments to Chapter 74,
Collier County Code of Ordinances, prior to the effective date of any such amendment.
Section XI. Notices.
All notices required under this agreement shall be directed to the following offices:
For the COUNTY: Office of the County Administrator
3301 East Tamiami Trail
Naples, Florida 34112
For the CITY: Office of the City Manager
950 Noah Collier Boulevard, Suite 308
Marco Island, Florida 34145
Section XII. Hold Harmless - COUNTY.
The COUNTY agrees to hold the CITY harmless from all liability, which may result
from the performance of its obligations herein, done in accordance with the terms of this
agreement. "~
Section XIII. Hold Harmless - CITY. r-~
The CITY agrees to hold the COUNTY harmless from all liability, which may result
from the performance of its obligations herein, done in accordance with the terms of this
agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
ATTEST: CITY OF MARCO ISLAND, FLORIDA
Laura Litzan, 4 "fiivid Biald~ Chairmai '
Deputy City Clerk
·
-.'~' ATTEST.:' ~"f: :. COLLIER COUNTY, FLORIDA
~,~,'~i~t~.~...E. Br0~!~C ~ r ~' Pamela S. Mac'~e, Chai
Approved as to form and legal sufficiency: Approved as to form and legal sufficiency:
CiW ARorney CounW Aaorney
9
January 19, 1999
Item #3B
DEDICATION OF ROADS, ROAD RIGHTS-OF-WAY AND DRAINAGE EASEMENTS -
APPROVED
The next item has to do with dedication of roads, road rights-
of-way and drainage easements. That's item 3-B.
Considerations. On November 3rd, the Board of County
Commissioners approved an interlocal agreement that transferred roads
and road rights-of-way within the city limits of the City of Marco
Island. During that meeting, the suggestion was made that the
proposed agreement be revised to include stormwater drainage
easements. A revised agreement has been prepared to fully effectuate
the transfer of these facilities.
Staff recommendation: It is the joint recommendation of the
city manager and the county administrator that the attached
interlocal agreement dedicating roads, road rights-of-way and
drainage easements to the City of Marco Island be adopted by the
respective governing bodies. Approved by A. William Moss, city
manager, Marco Island, and Bob Fernandez, county administrator of
Collier County.
So I'll open that up for discussion.
CHAIRWOMAN MAC'KIE: Any discussion on this side?
COMMISSIONER NORRIS: Once again, if both staffs are in
agreement with this, I'll make a motion that we approve the
agreement.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Shall we take a motion on your side then?
CHAIRMAN BRANDT: Okay.
COUNCILWOMAN SCHULER: I'll so --
COUNCILMAN PETTERSEN: I move.
CHAIRMAN BRANDT: -- do we have a motion on this side --
COUNCILWOMAN SCHULER: I'll so move.
CHAIRMAN BRANDT: -- to adopt?
So we have a motion from Councilman Pettersen and a second from
COUNCILWOMAN SCHULER: Excuse me.
CHAIRMAN BRANDT: Okay, let's be clear. The motion was made by
you?
COUNCILWOMAN SCHULER: Yeah. Well, we were tied.
CHAIRMAN BRANDT: Councilwoman Schuler.
Would you second it?
COUNCILMAN PETTERSEN: Yes, I'll second it.
CHAIRMAN BRANDT: And it's been seconded by Councilman
Pettersen.
CHAIRWOMAN MAC'KIE: Is there any discussion on the motion of
the County Commission?
Page 8
January 19, 1999
If not, all in favor of the motion, please state aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motion passes unanimously.
CHAIRMAN BRANDT: And on this side, all in favor of the motion,
say aye.
Opposed?
(No response.)
CHAIRMAN BRANDT: Motion passed.
Page 9
Ret.: 2437031 OR: 2514 PG: 2918
CLERK TO THE BOARD RECORDRD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL REC FBB 10.50
INTEROFFICE 4TH FLOOR 02/19/99 at 03:IOPH DWIGHT E. BROCK, CLERK COPIES 2.00
EXT 7240
AND COLLIER COUNTY TRANSFERRING ILTRISDICTION
OF PUBLIC ROADS AND ROAD RIGHTS-OF-WAY WITHIN
THE CITY OF MARCO ISLAND
THIS INTERLOCAL AGREEMENT made this 19th day of January , 1999, by
and between the City of Marco Island, a municipal corporation located within Collier County,
Florida, hereinafier referred to as "CITY," and Collier County, a political subdivision of the gtate
of Florida, hereinafter referred to as "COUNTY."
WITNESSETH:
WHEREAS, the area within Collier County identified as Marco Island became
incorporated as a municipal corporation known as the City of Marco Island on August 28, 1997;
and
WHEREAS, the CITY and the COUNTY have worked cooperatively and agreed to do all
things necessary to transfer to the CITY the jurisdiction of public roads and the responsibility for
operation and maintenance within the right-of-way of public roads within the CITY including the
maintenance and operation of all bridges, drainage easements, street lights, traffic control devices
including traffic signs, signals and pavement markings on or within such roads and rights-of-way;
and
WHEREAS, this Agreement is entered into in compliance with Section 335.0415, Florida
Statutes.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration received and acknowledged by the parties to be sufficient, the CITY and COUNTY
agree as follows:
1. Except for the entirety of County Road 92 (CR92), its (CR92) paved riding
and shoulder surface, its (CR92) road right-of-way, its (CR92) traffic signs and
pavement markings, its (CR92) storm water drainage culverts crossing under
CR92, Goodland Road (CR92A), and the Goodland Bridge, the jurisdiction of
all public roads and the responsibility for operation and maintenance within the
right-of-way for all public roads located within the boundaries of the CITY are
transferred from COUNTY to the CITY.
*** OR: 2514 2919
2. The jurisdiction and responsibility for maintenance and operation of all other
bridges, drainage easements, street lights, traffic control devices, including
traffic signs, signals and pavement markings on or within such roads and
associated road rights-of-way, including traffic "stop and go" signals on
County Road 92 and traffic control devices necessary to control intersecting
CITY streets or roads at their intersection with CR92, except the intersection
of Goodland Road (CR92A), is concurrently transferred from COUNTY to the
CITY.
3. The effective date of this Interlocal Agreement is October 1, 1998.
4. This Interlocal Agreement shall be recorded in the Public Records of Collier
County.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their respective authorized signatories.
DATE: /,/~'t'~ DATE: Z-' /~' 9 c~,
X~TEST:!i ,j,, :, "':' ATTEST:
...DWIGHT E, BRQCK, Clerk LAURA LITZAN, Deputy Clerk
'It',.,/i '~ x,
BOARD OF COUNTY COMMISSIONERS CITY OF MARCO ISLAND
COLLIE COUNTY, FLORIDA , CITY COUNCIL
BY: P DAVID~tEANDT, Chai~m~n'
Approved as to form and leg~ Approved as to fon~ and legal
sufficiency: sufficiency:
D~id C. Weigel, County ~i)orney Kenneth B. Cuyler, City ~ney
h:~l~'a~r~m~/l~SfMm~o Public Road~ Inm'loe~l A~r~emcnt
January 19, 1999
Item #3C
DISTRIBUTION OF CABLE TELEVISION FRANCHISE FEES
COUNCILMAN TUCKER: Mr. Chairman?
CHAIRMAN BRANDT: Yes.
COUNCILMAN TUCKER: In view of the dialogue we just had about
items C and D, I would suggest that perhaps we address C and get a
vote of our two bodies as to whether we approve it in concept subject
to reaching an agreement on the other one, so we can get it to a --
what appears to be a resolution, but then we come back and perhaps
approve the two together as authorizing our chair people to endorse
it or sign it?
CHAIRMAN BRANDT: How does that sound?
CHAIRWOMAN MAC'KIE: Acceptable to me. Is that -- sounds good.
CHAIRMAN BRANDT: All right, we'll do that.
Then item 3-C is distribution of cable television franchise
fees.
Considerations: The City Council previously requested these
fees, as paid by city residents, be given to the city. The city
adopted the requisite cable ordinance on September 14th, 1998, and on
November 3rd, 1998, the Board of County Commissioners directed staff
to prepare the necessary agreements to accomplish this. Assignment
agreements have been drafted, which give franchising authority within
the Marco Island city limits to the city.
At the time of the writing of this agenda, the final details of
those assignments are being worked out by city staff and
representatives of the franchisees. It is anticipated that the
proposed final agreements, as approved by both staffs and legal
counsel, will be available for consideration by both bodies at this
joint meeting.
Staff recommendation: It is the joint recommendation of the
county administrator and the city manager that the assignment
agreements, as presented at this joint meeting and related to the
franchising of cable television service, be approved by the
respective governing bodies with an effective date of November 3rd,
1998.
It is further recommended by the county administrator that the
Board of County Commissioners authorize the payment to the City of
Marco Island of all cable franchise fees paid by residents of the
City of Marco Island to the county since November 3rd, 1998 and
approve the necessary budget amendments.
This is approved by Bob Fernandez, county administrator, Collier
County, and A. William Moss, city manager of the city of Marco
Island.
COMMISSIONER CONSTANTINE: Madam Chairman, I'll make a motion we
approve that item, subject to successful discussion of item D.
Page 10
January 19, 1999
COMMISSIONER CARTER: Second.
MR. McNEES: Shall we take a motion on the other side?
CHAIRMAN BRANDT: And do we have a similar motion on this side?
COUNCILMAN DAY: Motion.
CHAIRMAN BRANDT: Okay, we have a motion by Councilman Day that
we also approve this agreement subject to discussion of item four, D-
4.
And do we have a second?
COUNCILMAN COWIN: I'll second it.
CHAIRMAN BRANDT: And we have a second by Councilman Cowin.
MR. CUYLER: Could I just mention one thing? The assignment
agreements that you have in front of you, Media One indicated to us
there are a few small changes that they will be making. I just
wanted to make it clear on the record, the approval being
substantially the form that you have in front of you. And both
bodies will authorize their attorneys to finalize the agreements for
the Chairman's signature.
COMMISSIONER CONSTANTINE: Certainly to add to my motion.
COUNCILMAN TUCKER: Mr. Cuyler, in your wildest imagination,
could that be a prolonged process?
MR. CUYLER: I don't expect it to be a prolonged process. My
understanding is at least from the county staff perspective, the
November 3rd date is solid. I assume the county commission is good
with that, too, whether it takes another one week or another four
weeks to resolve it. That would be the only issue. So I understand
it's not --
COUNCILMAN TUCKER: So if it takes a while, then the -- if we
pass these two motions, the county appears to be in agreement to
remit the fees retroactive to November 3rd.
CHAIRWOMAN MAC'KIE: Absolutely.
COUNCILMAN TUCKER: Okay. That's all --
CHAIRWOMAN MAC'KIE: No question.
COUNCILMAN TUCKER: Yeah, I was going to say, if it was going to
take a long time, we should set up a process for that.
COMMISSIONER NORRIS: Actually, the motion is to approve the
recommendation by staff, and it does say November 3, 1999.
COUNCILMAN TUCKER: Okay.
CHAIRWOMAN MAC'KIE: Is there discussion on this side of the
motion? If not --
COMMISSIONER NORRIS: Just one question, I mean, from -- a
parliamentary question here.
Can we make a motion like this, Mr. Weigel? Does this motion
sound proper to make an approval subject to discussion of an entirely
unrelated item?
MR. WEIGEL: Thank you. My understanding of your discussion and
intention here is that you're looking to provide a consensus of
Page 11
January 19, 1999
approval, and then upon the resolution of the last agenda item, you
would come back and do a formal approval of the document.
COMMISSIONER NORRIS: So we'll come back with another motion at
the end?
MR. WEIGEL: I would suggest that, yes. Thank you.
CHAIRWOMAN MAC'KIE: Okay. So with that understanding, I'll
call the question.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
CHAIRMAN BRANDT: On this side, all in favor of the question,
say aye.
Opposed?
(No response.)
CHAIRMAN BRANDT: Passed. Thank you.
Page 12
ASSIGNMENT
MARCO ISLAND CABLE FRANCHISE AGREEMENT
COLLIER COUNTY TO THE CITY OF MARCO ISLAND
Collier County ("The County") and Marco Island Cable (the
"Franchisee") entered into a Cable Television Franchise Agreement ("the
Original Agreement") effective on June 24, 1997, when that Agreement was
accepted by the Franchisee. A copy of that Original Agreement is attached
hereto as Exhibit "A". Since the inception of the Original Franchise
Agreement, the City of Marco Island ("the City") has been incorporated.
The County hereby assigns to the City that part of the original franchised
area that is now within the City whereby the City stands in the shoes of the
County as to all geographic areas within the City's municipal boundaries to
which the original Franchise Agreement now applies. The City and the
Franchisee hereby accept the assignment. This Assignment operates as a
complete novation between the County and the City as to the area being
assigned. The County has no secondary liability to the City or to the
Franchisee under the Original Agreement being assigned. This assignment
does not affect any geographic area except as specified herein. Except as
expressly amended below, the Original Franchise Agreement is and shall be
unaffected by this Assignment The effective date of this Assignment shall
be when this Agreement is signed by the last party to sign, which is
execution by the ,d~e_-- ~ on the/~ day of
'~, ...... ,1999. ~/
The Original Agreement is written from the perspective of the County
and the Franchisee. Because the City's position vis-a-vis the Franchisee is
not in every respect identical to the County' s perspective, the Original
Agreement now being assigned is amended as follows:
1. Section 2 is amended to add a new definition. "City" shall
mean "the City of Marco Island." Except for Section 13 and
Section 14: throughout the Franchise the words "County" or
"Grantor" shall mean "City" and "County's" shall mean
"City's." In Definition 2.10: "County Commission" shall
mean "the City Council." In Section 2.16 the words "... within
the County..." shall mean "... within the Grantee's franchised
area as franchised by the City..."
2. In Section 4 "the County's Franchise Administration" shall
mean "the City's Office of Franchise Administration."
3. Neither Section 13 nor Section 14 of the Original Franchise
Agreement (Exhibit A) is affected by this Assignment.
Subsection 13.1.1 therein does not apply to the City. The
Franchisee's obligations to the County under Section 13 and
Section 14 shall continue to apply as if the City has not been
incorporated and there has been no Assignment. The County
and the City are free to negotiate between themselves as to the
County making accommodations to the City with regard to
shared use of access channels. The Franchisee by executing
this assignment, has no obligations to the City with respect to
Public, Educational, or Govemmental Access Channels. The
Franchisee will cooperate with regard to such accommodations
but assumes no specific additional obligations thereto to either
the County or the City.
4 Add to Section 20 (Address): "If to the City:
City Manager
950 North Collier Boulevard, Suite 308
Marco Island, Florida 34145"
5. In subsection 33.1: after "fourth anniversary" insert "(June 24,
2001)".
6. EFFECT OF ASSIGNMENT OF THIS FRANCHISE
AGREEMENT: Attached to this Agreement as Exhibit "B",
and made a part hereof, is a true copy of Chapter 30 of the
Collier County Code of Laws and Ordinances (the same being
Collier County Ordinance No. 88-90), as amended on the
effective date of this Assignment. Until midnight on June 24,
2012, the City shall administer this Franchise in accordance
with the now existing text of that Ordinance. No text in the
attached Ordinance (Exhibit "B") shall be changed by the City
without the prior expressed written agreement of the
Franchisee EXCEPT to the extent, if any, that changes to that
Ordinance are hereafter mandated by application of future
changes to controlling law of the United States or of the State
of Florida. The City has adopted City Ordinance No. 98-11,
which shall not apply to this Franchise, as assigned, except to
the extent, if any, that the Franchisee may hereafter expressly
agree in writing to having that Ordinance, as may then be
amended, apply to the Franchisee.
7. FRANCHISE FEES. The Franchisee pays franchise fees
monthly. Within thirty (30) days of the effective date of this
Assigrmaent, the County shall remit to the City all applicable
franchise fees for the geographic area in the City covered by
this Franchise, as assigned, remitted to the County for service
rendered in that area from November 3, 1998 through midnight
of December 31, 1998. Franchise fees for service in that area
rendered subsequent to midnight of December 31, 1998, shall
be remitted by the Franchisee on a monthly basis directly to the
City.
8. CHANGE IN MUNICIPAL BOUNDARIES. If the City
should expand its municipal boundaries, the area included
within the City' s then changed municipal boundaries shall be
covered by the City's Franchise Agreement (now being
assigned), and all such added area, by inclusion into the City's
Agreement, shall thereby automatically and concurrently be
excluded from the County's franchise agreement with the
Franchisee. In the event the City should delete area from
within its municipal boundaries, all such deleted area shall
thereby automatically and concurrently be excluded from the
City's Franchise Agreement (now being assigned) and shall
concurrently and automatically be included into the County's
then existing franchise agreement with the Franchisee.
9. DISSOLUTION OF THE CITY. If the City should be
dissolved (Section 165.051, F.S., et sec.) before August 6,
2012, the Franchise (now being assigned) shall thereby
automatically dissolve and all geographic areas then covered
by the City's franchisee agreement shall automatically and
concurrently revert to and be included within the County' s then
existing franchise agreement with the Franchisee.
10. This Assignment shall not be amended except by written
agreement executed by the City, the County, and the then
Franchisee.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk
Approved as to fo~
~d legal sufficiency
Thomas C. Palmet
Assist~t Gouty Attorney
ACKNOWLEDGMENT FOR COLLIER COUNTY
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Assignment was acknowledged before me this / 7,,',6 day of
~ Irma r4 ,1999, by Pamela S. Mac'kie, Chairwoman of the Board of County
Commissiohers of Collier County, who is personally known to me.
NO°FARY PUBLIC
4
ATTEST: //D)~ CITY OF MARCO ISLAND, A FLORIDA
/, MUNICIPAL CORPORATION
By: "'~~'~ 2 '/~'~
David Brandt, Chairman
Approved as to form
and legal sufficiency:
Kenneth B. Cuyler ~
City Attomey
ACKNOWLEDGMENT FOR THE CITY OF MARCO ISLAND
T. e foregoing Assignment was acknowledged before me this/d,%/~ay of
~ ,1999, by David Brandt, as Chairman of the City of Marco Island. He
is personallyam~3wn to me.
Serial No.: ?'L"~ _ :.. ~,'-: ':-: '- ' - .....
My Commission expires:
ATTEST: MARCO ISLAND~/Pdi!LE, INC.
/ 'i
Wimess " iiTillYa~ R. i~Ston,'President
Wimess
ACKNOWLEDGMENT FOR MARCO ISLAND CABLE. INC.
The foregoing Assignment was acknowledged before me this 27~ day of
o a,/rc~a-/~'-d~' ,1999, by William R. Gaston, President of Marco Island Cable, Inc., a
rida Corporation. He is personally known to me.
Print Name: ~ho~d.c~
SerialNo.: CC.(o~ q55"5
My Comission expires:
-end-
6
ASSIGNMENT
MARCO ISLAND CABLE FRANCHISE AGREEMENT
COLLIER COUNTY TO THE CITY OF MARCO ISLAND
EXHIBIT "A"
State of Florida
CABLE TELEVISION FRANCHISE
Collier County
This Cable Television Franchise, issued by and between the Collier County, a Florida
non-charter county and Marco Island Cable, Inc., a Florida Corporation, hereinafter Grantee.
WHEREAS, the Cotinty of Collier, hereina~er referred to as "County" or "Grantor",
desires to assure the widespread availability of Cable Services within the County to promote
conunerce and otherwise further the public' interest;
WHEREAS, the County is the owner of certain street rights-of-way;
WHEREAS, the County has, following reasonable notice, and after consideration,
analysis and deliberation conducted full public proceedings, during which proceedings the '
technical ability, financial condition, legal qualification and general character of Grantee were
determined acceptable to receive a renewal of its franchise;
WHEREAS, the County has also considered and analyzed the plans of Grantee for the
construction and operation of its Cable System and found the same to be adequate and feasible in
view of the needs and requirements of the area to be served by the respective Cable Sysl~em;
WHEREAS, the County has determined that it is in the best interest of and consistent
with the public convenience and necessity of its residents to grant a franchise to Grantee to
operate a Cable System within the specified franchise area within Collier County and on the
terms and conditions hereinafler set forth; and,
WHEREAS; Grantee desires to construct and operate a Cable System consisting of fiber
optic, coaxial and multi-pair cables along portions of the County's right-of-way.
Section 1. Findings
Pursuant to the procedures in the Cable Act, Section 166.046 FS, and Chapter 30 § 28(f)(1) of the
Collier County Code, the Grantor has held a public hearing where the following issues related to
granting a cable television franchise to Grantee were considered: (I) the economic impact upon private
property within the County; (ii) the public need for such franchise; (iii) the capacity of public
rights-of-way to accommodate the cable system; (iv) the present and future use of the public rights-of-
way to be used by the cable system; (v) the potential disruption to existing users of the public rights-
of-way to be used by the cable system and the resultant inconvenience which may occur to the public;
(vi) the financial ability of the franchise applicant to perform; (viii) the experience of the
June 23, 1997
applicant in the erection, operation and maintenance of a CATV system, (ix) the technical quality and
completeness of the proposed plan for operation of the cable system, (x) the legal, character,
financial, technical and other qualifications necessary to construct, own and operate a cable
television system, and (xi) other societal interests as are generally considered in cable television
franchising. The Grantor has determined to grant a cable television franchise to Marco Island Cable,
Incorporated on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, the parties agree as follows:
Section 2. Definitions
For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, and words in a
particular gender shall include each of the other gender. The words "shall" and "must" are
always mandatory and not merely directory.
2.1 "Access" shall mean the availability of the cable system for use by various agencies,-
institutions, organizations, groups and individuals in the community, including the County and
its designees of the cable system to acquire, create and distribute programming not under the
Grantee's editorial control, including:
2.1.1 "Educational Access" shall mean access where schools are the primary or
designated programmers or users having editorial control over their programming;
2.1.2 "Governmental Access" shall mean access where governmental institutions or
their designees are the primary or designated programmers or users having
editorial control over their programming; and
2.1.3 "PEG Access" shall mean public access, educational access, and governmental
access, collectively.
2.2 "Affiliate," when used in relation to any person, shall mean another person who owns or
controls, is owned or controlled by, or is under common ownership or control with, such person.
2.4 "Basic Cable Service" or "Basic Service" shall mean any service tier which includes
the retransmission of local television broadcast signals and access channels. This definition shall
be deemed to change consistent with any changes in the definition of this term by the Federal
Communications Commission.
June 23, 1997 2
2.5 "Cable Operator" shall mean any person or group of persons:
a) who provides Cable Service over a Cable System and directly or through one or more
affiliates owns a significant interest in such Cable System, or
b) who otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System under a Franchise with Collier
County.
2.6 "Cable Service" shall mean:
a) the one-way transmission to Subscribers of (a) video programming; or (b) other
programming services, and,
b) subscriber interaction, if any, which is required for the selection or use of such video
programming or other programming services.
2.7 "Cable System" shall mean a facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment that is designed to provide
Cable Service and which includes video programming and other lawful communications services
and which is provided to multiple subscribers within a community, but such term does not
include:
a) a facility that serves only to retransmit the television signals of one (1) or more
television broadcast stations;
b) a facility that serves subscribers without using any public right-of-way;
c) a facility of common carrier which is subject, in whole or in part, to the provisions of
47 U.S.C. §201~226, except that such facility shall be considered a cable system [other
than for purposes of 47 U.S.C. §541(c)] to the extent such facility is used in the
transmission of video programming directly to Subscribers; and
d) any facilities of an electric utility used solely for operating its electric utility system.
2.8 "Channel" shall mean a 6 MHZ band of analog frequencies, or future encoding
standard, in the electromagnetic spectrum (or any other means of transmission, including but not
limited to optical fibers, which is capable of carrying the equivalent signal or signals), and
includes uses of all or any portion of such band of frequencies for digital video/television signals.
2.9 "County" shall mean the Collier County, Florida or the area within the present county
limits and such territory outside of the County over which the County has jurisdiction or control
by virtue of any law.
June 23, 1997 3
2.10 "County Commission" shall mean the Board of County Commissioners of Collier
County, Florida.
2.11 "Customer Service Standards" shall mean those standards adopted by the FCC and the
County (to the extent not inconsistent with those of the FCC), which govern the manner in which
Grantee interacts with the public and its customers.
2.12 "FCC" shall mean the Federal Communications Commission or any successor agency.
2.13 "Franchise" shall mean an initial authorization, or renewal thereof,(including a renewal
of an authorization which has been granted subject to 47 U.S.C.§ 546 ), issued by the County,
whether such authorization is designated as a Franchise, permit, license, resolution, contract,
certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable
System but neither supersedes nor takes the place of any license, license fee or permit
authorization which might otherwise be required for the privilege of transacting business within
the County.
2.14 "Franchise Fee" shall mean an annual fee of five percent (5%) of Grantee's Gross
Revenues paid for the use and occupation of the County's rights-of-way.
2.15 "Grantee" or "Franchisee" or "Company" shall mean the person, finn, or
corporation to whom a Franchise, as hereinabove defined, is granted by the County and any
lawful successor, transferee or assignee of said person, firm, or corporation.
2.16 "Gross Revenues" shall mean all revenue encumbered at the time of sale [billing] by the
Grantee, arising from or attributable to the sale of cable television video or audio program
services, videotext services and video games provided by Grantee within the County or derived
from its operation within the County. Such revenue includes, but is not limited to fees charged to
subscribers for any video and/or audio program service; installation, disconnection, reconnection
or service maintenance agreements; equipment rental; leased spectrum; advertising sold by
either the Grantee or its agent; and signal carriage [e.g. home shopping services; marketing,
launch and retransmission] agreements. The sum of the aforementioned shall be the basis for
calculating the Franchise Fee imposed pursuant to Section 6 herein. Excluded are revenues
related to: refunds; bad debt; equipment deposits [e.g. customer terminal devices]; any sales,
excise or other tax collected by Grantee on behalf of any govemmental unit; reimbursements for
expenses (e.g., returned check fees,'ind copy expenses); or items excluded by local, state or
federal law.
With regard to non-video telecommunicatiOn services to subscribers that the Grantee may
provide through the cable system, the Grantor reserves all rights it has now or subsequently
acquires with respect to the regulation of non-video telecommunication services, including, but
not limited to, the fight to charge a franchise fee or other form of consideration or compensation,
June 23. 1997 4
provided that such terms and conditions and such franchise fee or other form of consideration or
compensation are consistent with Federal and State law, if applicable to these non-cable services.
2.17 "Initial Service Area" shall mean that geographical area bounded by Marco Island
within the unincorporated limits of the County as of the date of acceptance of this Franchise.
2.18 "Interactive on-Demand Services" shall mean a service providing video programming
to subscribers on an on-demand basis, but does not include services providing video
programming pre-scheduled by the programming provider;
2.19 "Institutional Network or I-Nee'shall mean a communication network for the provision
of video services, voice transmissions and data transmissions which is generally available only
to subscribers who are not residential subscribers;
2.20 "Other Communications Service" shall mean information audio, video, data,
telephony, Internet access, text service, electronic communication [e-mail], or any other lawful
service that Cable Operator makes available for purchase by Subscribers;
2.21 "Person" shall mean an individual, partnership, association, limited liability company,
joint stock company, trust, corporation, or governmental entity;
2.22 "Public, Educational or Governmental Access [PEG] Use or Programming" and
other similar formulations of these terms shall mean non-commercial and/or not-for-profit use by
education, government and public [community] television providers of channels on the cable
system to convey information to the public.
2.23 "Public Buildings" shall mean public supported K-12 schools, Federal State, County,
County and Town govemment owned or leased buildings.
2.24 "Educational or Governmental Access Facilities" shall mean:
a) channel capacity designated for educational and governmental use; and,
b) facilities and equipment for the use of'such channel capacity.
2.25 "Public Way and Right-Of-Way" shall include the surface, the air space above the
surface, and the area below the surface of any public street, avenues, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkways, squares, viaducts, waterways,
greenways, utility easements, and other public property now or hereafter held by the County or
the State which shall entitle the County and the Grantee to the use thereof for the purpose of
installing and maintaining the Grantee's Cable System. No reference herein, or in any franchise,
to the "public way" shall be deemed to be a representation or guarantee by the County that its
title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its
June 23,1997 5
use of such terms, be deemed to gain only such fights to use property in the County as the
County may have the undisputed fight and power to give or as granted by Federal or State law.
2.26 "Reasonable Notification" shall mean 14 business days for all non financial related
matters and thirty (30) business days for financial matters.
2.27 "Residential Subscriber" shall mean a subscriber who receives service in an individual
dwelling unit or multiple unit dwelling, where the service is not to be used in connection with a
business, trade or profession.
2.28 "Subscriber" shall mean any person or entity lawfully receiving any portion of the Cable
Service of a Grantee pursuant to this Franchise.
2.29 "Service Tier" shall mean a category of Cable Service or Other Communications
Services provided by a Cable Operator and for which a separate rate is charged by the Cable
Operator;
Section 3. Franchise Territory and Initial Service Area
3.1 The cable television franchise granted pursuant to this Agreement shall be limited to the
geographic area of the Marco Island Florida to be served by the franchise Grantee, and
the specific public ways necessary to serve such areas. The cable television Grantee shall
not exclude from its services any high-cost (per customer) area, any rural location, or any
person based on that person's income
3.2 The Grantee's Initial Service Area is further defined in Section 11.
3.3 Attached as Exhibit A and incorporated by reference as if fully set forth herein, is the
Grantee's application to serve Marco Island's government, commercial, business and
residential properties.
Section 4. Nature and Terms of Grant
4.1 County does hereby convey to the Grantee a site specific franchise to construct and
operate a Cable System, using owned and/or leased facilities, which may be located in the
County fights-of-way.
4.2 Notwithstanding, Grantee may, in its sole discretion, elect to lease fiber optic, coaxial and
multi-pair cable and other cable communication facilities or program services from other
County franchised providers of Cable Service to support the operation of its Cable
System.
June 23, 1997 6
4.3 The franchise granted herein shall run for a term of seven (7) years commencing upon
acceptance by grantee.
4.4 Whenever any existing electric utility, cable facility or telecommunications facility is
located underground within a public way of the County, a franchisee with permission to
occupy the same public way must locate its cable television facilities underground at no
cost to the County.
4.5 Whenever any new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a public way of the County, each
Grantee that currently occupies the same public way shall relocate its facilities
underground at no cost to the State or County. Absent extraordinary circumstances or
undue hardship as determined by the County Franchise Administrator and the County's
Public Works Administrator or his/her designee, each such relocation underground must
be made concurrently to minimize disruption of the public ways. If the existing Grantee
does not relocate concurrently, then it must relocate underground within a reasonable
period of time, which shall not be later than the end of the grant term unless an extension
of time is granted by the County's Franchise Administrator with concurrence by the -
County' s Public Works Director.
4.6 All franchisees are required to obtain construction permits for cable system facilities,
provided however, that nothing in this Ordinance shall prohibit the County and a
franchisee from agreeing to an alternative plan review, permit and construction
procedures, provided such alternative procedures provide substantially equivalent
safeguards for responsible construction practices.
4.7 The Grantee shall make its cable television services available to any customer within its
service area who shall request such service, without discrimination as to the terms,
conditions, rates or charges for grantee's services; provided, however, that nothing in this
Section shall prohibit a franchisee from making reasonable classifications among
differently situated customer groups.
4.8 Each franchisee shall make its cable television services available to the County at its most
favorable rate for similarly situated users, unless otherwise expressly provided otherwise
in the agreement.
4.9 For the purpose of and to the extent required to accomplish transporting I-Net and PEG
access channels, the Grantee shall interconnect its cable system with other systems in
nearby areas, upon the directive of the County's Franchise Administrator. To fulfill this
obligation, the Grantee shall familiarize itself with all technical requirements needed to
cause such interconnection.
June 23, 1997 7
4.9.1 Interconnection of the systems may be accomplished by direct hard cable
connection, microwave link, satellite, or other appropriate means.
4.9.2 Upon receiving a directive from the County' s Franchise Administrator to
interconnect, the Grantee shall immediately initiate negotiations with the other
affected system(s) in order that all costs may be shared equitably among the
Grantees for both construction and operation of the interconnection link. Such
interconnection shall be made within the time limits as established by the
County's Franchise Administrator
4.9.3 The Grantee may be accorded reasonable extensions of the time to interconnect,
or the County may rescind its order to interconnect upon petition by one or more
franchised cable operators to the County. The County shall grant the request if it
finds that the Grantees had negotiated in good faith and had failed to obtain
approval from the other affected Grantees, or the cost of interconnection would
necessarily cause an unreasonable or unacceptable increase in subscriber rates.
4.9.4 The Grantee shall cooperate with any interconnection corporation, regional -
interconnection authority or local, State and/or Federal regulatory agency
established for the purpose of regulating, f'mancing, or otherwise providing for the
interconnection of cable systems beyond the boundaries of the County.
4.10 A new franchise application shall be required by the Grantee to amend this Grant should
the Grantee desire to extend its service area or to locate its cable television facilities in
public ways of the County which are not expressly included in this Grant.
4.11 If ordered by the County to locate or relocate its cable system facilities in public ways not
included in a previously granted franchise, the County shall grant a franchise amendment
without further application to facilitate such ordered changes.
4.12 No franchise shall be renewed until all ongoing violations or defaults in the grantee's
performance of the franchise agreement, or of the requirements in this Ordinance, have
been cured, or a plan detailing the corrective action that will be taken by the Grantee has
been approved in writing by the County's Franchise Administrator.
Section 5. Customer Service Standards
County has determined that it is in the best interest of its residents and consistent with the public
convenience and necessity to adopt Customer Service Standards for the provision of cable
services by the Grantee. The Grantee shall operate its Cable System in a manner consistent with
the County's Consumer Protection Provisions, Collier County Code, Chapter 30 § 55, to the
extent that such provisions aEe not inconsistent with those of the FCC.
June 23,1997 8
Section 6. Compensation, Auditing and Other Payments
6.1 Grantee shall pay the County throughout the term of this Franchise, as compensation, an
annual Franchise Fee of five percent (5%) of the Grantee's Gross Revenues.
6.2 All such payments of Franchise Fees shall be payable monthly in accordance with
Chapter 30-28(k)(2) for the preceding month. Franchise Fee payments shall be
accompanied by a report itemizing and setting forth the revenues/receipts and showing
the calculation of the payment due for the preceding period as set forth in Exhibit C.
6.3 The payment of the Franchise Fee by the Grantee is for the fight to construct and operate
its Cable System, as defined herein, within the County' public right-of-way and is in lieu
of a fight of way use or encroachment fee.
6.4 The County, on an annual basis, shall be furnished a statement within ninety (90) days of
the close of the calendar year, certified by an official of the franchisee responsible for the
Cable System's financial statements, reflecting the total amounts of Gross Revenues as
defined herein, and all payments, and computations for the previous calendar year. Upon
ten (10) days prior written notice, the County shall have the right to conduct an
independent audit of Grantee's records. If, after resolving any dispute arising from such
audit, Grantee has made a Franchise Fee underpayment of three percent (3%) or more, the
Grantee shall assume all reasonable costs of such audit. In other events, the County shall
bear all costs and fees, associated with any such audit.
6.5 All Grantee's books and records concerning its Gross Revenues and its calculation of
payments to the County, shall be available for inspection by an appropriate officer of the
County, or its designee, at reasonable times to determine the amount of compensation due
to the County from Grantee under this Franchise. Such records shall be kept so as to
accurately show the same. Grantee shall prepare and make available to the County at
times reasonably requested by the County and in the form prescribed by the County after
consultation with the Grantee, such reports with respect .to its Cable System and the Gross
Revenues derived therefrom, as the County may deem reasonably necessary or
appropriate.
6.6 In the event Grantee makes an under payment or in the event Grantee fails to make any
payment on or before the date it is due, Grantee shall pay interest at a rate of one percent
(1%) per month on any such under payment and/or late payment. Interest shall not
accrue, with respect to under payments, until such time that the Grantee is notified about
any alleged underpayment by the County.
6.7 Consistent with federal requirements, the Grantee shall file no less frequently than
annually any tariffs, amendments, or modifications affecting the sale of its services and
subscriber terminal equipment and shall provide written notification to the County within
June 23, 1997 9
thirty (30) days of any proposed changes. The Grantee shall also provide to the County
copies of all filings, reports and petitions to local, state, or federal regulatory agencies.
6.8 The Grantee, at its option, may discharge its obligation to provide an Institutional
Network and/or related services for the County by providing an annual grant, to be paid
upon Acceptance of Franchise (Section 39 herein) and each anniversary of the franchise
grant, in the amount of $3600 per location, identified in Exhibit B [as amended from time
to time], passed by the Grantee's cable system. This fee is to reimburse the reasonable
costs incurred by the Grantor for the services and expenses associated with the provision
of voice, video and data services by third parties (including, but not limit to,
telecommunication equipment, recurring line charges and independent consultants) by
Grantor or for any other lawful purpose to public buildings within the 'Grantee's initial
service area. Furthermore, the parties agree that any cost to the Grantee associated with
providing these ftmds under this Franchise, including without limitation, the amounts set
forth herein are not part of the Franchise fee, and fall within one or more of the
exceptions to 47 U.S.C. 542.
Section 7. Public Right-of-Way Use Conditions
7.1 Unless otherwise specified in a franchise agreement, all facilities shall be constructed,
installed and located in accordance with the following terms and conditions:
7.1.2 The County, at its sole discretion, may require at not cost to the County the
Grantee to locate and identify its cable television facilities within the public
rights-of-way.
7.1.3 The County reserves the right, upon reasonable notice, to require the Grantee at its
expense to protect, support, temporarily disconnect, relocate or remove from the
County's street any property of the Grantee by reason of traffic conditions, public
safety, street construction, real or planned excavation, change or establishment of
street grade, installation or planned installation of sewers, drains, water pipes,
power and/or communication lines, tracts, or other types of structure or
improvements by governmental agencies or any other structures proposed for
public improvement. Reasonable notice for this provision means at least ninety
(90) days, except in the case of emergencies where no specific notice period shall
be required. The County shall endeavor to notify and seek comment from the
Grantee with respect to minimizing disruption to the Cable System, where public
works projects may affect the Grantee's cable system.
7.1.4 Cable Television facilities shall be installed within an existing underground duct
or conduit whenever available excess capacity then exists within such utility
facility.
June 23, 1997 l0
7.1.5 A franchisee with permission to install overhead facilities shall install its cable
system facilities on pole attachments to existing utility poles only, and then only if
surplus pole space is then available to that franchisee.
7.1.6 Whenever a public way exists to accommodate the Grantee's system, the Grantee
shall not locate its facilities off the public right of way and shall make every effort
to locate its telecommunications facilities within the public way before seeking
private easements within the County. The Grantee, at no cost to the County of the
State, shall'relocate its facilities and appliances which are in conflict with County
projects to upgrade or construct roadways.
7.1.7 The Grantee shall locate, place and construct its cable system facilities so as not to
interfere with the construction, location and maintenance of sewer and/or water
mains, lines or connections. The Grantee shall take appropriate preventative
measures to protect existing facilities within the public fights-of-way.
7.1.8 Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting,
sidewalks, curbs, gutters or other facilities damaged by the Grantee and or its -
contractors with like material to their former condition at the Grantee's expense,
and shall thereafter, from time to time, but no longer than one (1) year from the
completion of the job, readjust, fill and finish the same as may be necessary due to
settling of the earth associated with the Grantee's disruption of the public way.
~ 7.1.9 Should the installation of new cable system facilities exhaust the capacity of
existing ducts, conduits, manholes and other facilities within a public street or
utility easement to reasonably accommodate future facilities, the Grantee shall at
that time provide additional ducts, conduits, manholes and other facilities for
nondiscriminatory access to future users of the public way.
7.1.10 The Grantee shall adhere to all Federal, State and local laws, rules and regulations
regarding the location, construction, and maintenance of its cable system facilities
within the public right-of-way.
Section 8. Franchise - Not Exclusive
This Franchise shall be non exclusive. The County reserves the fight to grant franchises to other
persons at any time or construct, operate and repair a cable system itself or to contract with any
other person for the use of the County streets or property for the operation of other cable systems.
Section 9. No-Waiver
9.1 The failure of the County, upon one or more occasions, to exercise a right or to require
compliance or performance under this Franchise or any other applicable law shall not be
June 23, 1997 11
deemed to constitute a waiver of such right or a waiver of compliance or performance,
unless such right has been specifically waived in writing.
9.2 Waiver of a breach of this Franchise or any section of Chapter 30 of the Collier County
Code shall not be a waiver of any other breach. Neither the grant of this Franchise nor
any provision herein shall constitute a waiver or bar to the exercise of any governmental
right or power of the County.
Section 10. Regulation
10.1 The County Commission shall be vested with the power and authority to reasonably
regulate the exercise of the privileges permitted by this Franchise in the public interest.
Any failure by the County to promptly enforce compliance with this Franchise in
accordance with federal, state and local laws and ordinances shall not relieve Grantee of
its obligation to comply with any provision of this Franchise.
10.2 The Grantee's rights, without limitation upon the County's regulatory authority, pursuant
to the Communications Act of 1934, as amended or any other subsequent federal or state
law, shall not be abrogated or otherwise limited.
10.3 Following reasonable notice, the County reserves the right to inspect the installation and
maintenance of the Cable System.
10.4 The Grantee shall comply with all federal, state and local regulations, applicable. to its
Cable System, such as the National Electrical Code, National Electrical Safety Code,
Fiber Optic Cable Installation Specifications, 1987 [Telecommunication Industry
Committee], traffic safety/lane closure roles and construction requirements promulgated
by the County.
Section 11. Cable System Design and Construction
11.1 The Cable System shall generally conform to the system design and channel capacity
specifications set forth on Exhibit A hereto. At a minimum, the Grantee shall construct a
550 MHz cable television signal transportation system. The Grantee is permitted to
modify its design and implementation plan, pursuant to the conditions provided herein, to
accommodate technological innovations and refinements which enhance system
reliability and capacity.
11.2 The cable television network shall satisfy all FCC standards for Cable Systems.
June 23, 1997 12
11.3 Construction Schedule
11.3.1 The initial service area includes a portion of North Collier Boulevard.
Construction and the provision of cable service in this area shall be completed and
be fully operational no later than January 1, 1998.
11.3.2 A secondary service area includes the following streets: Satum Court, Greenbrier
Street, Dandelion Court, Wintergreen Court, and Manor Terrace. Construction
and the provision of cable service in this area shall be completed and be fully
operational no later than January 1, 1999.
11.3.3 In addition to Section 11.3.2, the Grantee shall extend its cable system annually to
pass.no fewer than 100 single family home sites annually for each of the second
(2nd) through sixth (6th) years of the franchise term. To qualify, this extension
shall take the form of trunk and feeder cable, complete with all active and passive
devices, including pedestals and service taps.
11.3.4 The definition of subsequent service areas beyond those provided for in Sections
11.3.1-3, which shall resulting in a full build out of Marco Island, where the
dwelling density is greater than 20 homes per mile, shall be negotiated on each
anniversary of the franchise grant and shall be subject to:
a) the franchise modification provisions of Section 33.4 herein;
b) Chapter 30 § 42(a)(2) and § 42(e) of the Collier County Code;
c) the ability of the Grantee to demonstrate the financial capacity to undertake and
successfully complete each successive phase; and
d) a commensurate extension of the franchise term to complete each partial build
out until such time that the Grantee fully builds out Marco Island, but at no time
shall the franchise term, including extensions, exceed fifteen (15) years.
11.3.5 The County, may at its discretion, grant reasonable extensions of time to complete
the construction projects.
Section 12. Initial and Continuing Tests
12.1 The Grantee shall perform all tests necessary to demonstrate compliance with the
requirements 47 C.F.R. 76 subpart K. All tests shall be conducted in accordance with the
FCC's rules.
June 23,1997 13
12.2 All construction maps, shall be provided to the County no less than ten (10) days prior to
the commencement date of the upgrade. "As built" maps shall be provided no more than
thirty (30) days following the conclusion of construction for each grid. Such maps should
designate the location of Grantee's facilities in a mutually acceptable form.
Section 13. Public Education and Government Access Provisions
13.1 The Grantee shall set aside two (2) channels of its transmission capacity for public
interest PEG access channels on the residential distribution system.
13.1.1 The franchisee agrees to provide the County with PEG access equipment grant,
calculated at five dollars ($5.00) per subscriber for the purchase of television
production equipment to be used at the sole discretion of the County. The
subscriber count shall be set on the third (3rd) anniversary of this Agreement.
The County agrees to provide necessary personnel at its expense to operate the
PEG access channels and provide for the use of such facilities.
13.1.2 The Grantor, at its option~ and consistent with public need, has determined that
the existing PEG channel shall be carded by the Grantee on its cable system.
13.1.3 The Grantor, or its designated access management entity shall provide the Grantee
at least ninety (90) days prior notice of the required activation of new PEG access
channels.
13.1.4 PEG access signal transportation on the Grantee's cable system or interconnection
facilities shall be provided without charge to the Grantor or the Access Center
from the point of origination, upstream to the Grantee's interconnecting hub site
for downstream distribution on the cable system to subscribers.
13.1.5 One (1) upstream channel shall be designated, exclusive of Section 13.1 and 13.3
herein, for PEG access remote location return feeds to the Access Center; the PEG
access provider shall furnish a RF modulator for the return signal feed. Such
remote location return feeds shall be activated upon reasonable notice to the
Grantee by the PEG access provider.
13.1.6 In the event an activated PEG access channel becomes dark and is not utilized for
more than twelve (12) continuing months, the Grantee, upon one-hundred eighty
(180) days written notice to the Grantor, shall have the right to reclaim the
channel. The Grantor or its access provider, shall have the right to acquire the
channel in accordance with the provisions of the Four Year Review.
Collier County Code, Chapter 30 § 54(b)
June 23,1997 14
13.1.7 The government access channel, or another channel made available by the
Grantee to the Grantor for this purpose, may be used to provide "in-service" or
staff development training by either the County, County or the public schools.
The Grantor may direct the Grantee to encode this channel so that it is only
available to facilities or individuals authorized by the Grantor.
13.2 Requirements Regarding Rules and Procedures for Use of PEG Access Channels.
13.2.1 The Grantor shall be responsible for establishing and enforcing rules for use of the
PEG access channels.
13.2.2 The Grantee may not exercise any editorial control over the content of
programming on the designated PEG access channels.
13.3 The parties agree that any cost to the Grantee associated with providing access services,
facilities, and equipment under this Franchise, including without limitation, the amounts
set forth herein are not part of the Franchise fee, and fall within one or more of the
exceptions to 47 U.S.C. § 542.
Section 14. Institutional Network Provisions
14.1 At the request of the Grantor, the Grantee shall designate, no less than three months prior
to the commencement of upgrade construction, two fibers of the installed capacity on its
cable system within the County, exclusive of PEG channels, as an Institutional Network
[I-Net]. In the absence of fiber, the Grantee shall designate twelve (12) MHZ of the
capacity on its cable system as an institutional network. The dark fibers and the twelve
(12) MHZ capacity on the coaxial cable portion of its cable system shall be available to
the Grantor and designated public agencies for voice, video and data transmission
purposes pursuant to terms and conditions described herein. The Grantor shall designate
the locations, attached as Exhibit B and incorporated by reference as if fully set forth
herein, to be served by the Institutional Network. The Institutional Network shall be
reserved for exclusive use by the Grantor and designated public agencies.
14.2 The Grantor may, at its sole discretion, either: a) purchase or b) lease at the
marginal cost any portion of such designated I-Net capacity, excluding PEG
channel signal carriage.
14.2.1 Upon reasonable notice, the Grantee shall extend, without cost to the County, the
I-Net to any public building located within Grantee's cable system service area
and located two hundred feet (200 ') or less from the Cable System.
14.2.2 Grantee shall cooperate with the Grantor and its agents in designing and selecting
components necessary to implement its applications and, if requested, shall
June 23, 1997 15
furnish terminal equipment at Grantee's cost, provided that the Grantee is
reimbursed for this expense by the Grantor.
14.2.3 If in the future the Grantor desires to have the I-Net extended beyond that which
is anticipated herein, Grantee agrees to charge the Grantor on a time and mateddais
basis (including overhead costs) for the construction of such additional I-Net
facilities.
14.2.4 If such 1-Net designated capacity remains unused, the Grantee may use such
capacity by presenting the Grantor a right of first refusal. The Grantee shall give
the Grantor ninety (90) days written notice of its intent to exercise any right of
first refusal that the Grantee may present to the Grantor under this Section.
14.2.5 The parties acknowledge that the agreement regarding usage of the I-Net is
subject to all local, state, and federal law. The Grantor or public agency agrees to
indemnify and hold harmless the Grantee from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable attomey's fees and
costs directly related to the material under the Grantor's or public agency user-'s
exclusive control carried on the I-Net, including but not limited to, copyright
infringement, libel, slander, defamation, patent, trademark, or invasion of privacy
claims.
14.2.6 The parties agree that the 1-Net contributions of the Grantee to the County do not
represent an in-kind payment by Grantee, or a Franchise Fee of any kind..
Section 15. Assignment
This franchise may be assigned or a transfer of control effectuated only with the prior consent of
the County, subject to the provisions of the Collier County Code Chapter 30 § 42(m), the rules
of the FCC and the Communications Act of 1934, as amended.
Section 16. Remedies
16.1 In addition to any other rights set out elsewhere in this Franchise, and subject herein, the
County reserves the right to declare a forfeiture of this Franchise, and all of Grantee's
rights arising hereunder, in the event that:
16.1.1 The Grantee is found to have violated any material provision of this Franchise; or
16.1.2 The Grantee is found by a court of competent jurisdiction to have practiced any
fraud or deceit upon the County.
June 23, 1997 16
16.2 The County shall give Grantee thirty (30) days written notice of its intent to exercise its
rights under this Section, stating the reasons for such action. If Grantee cures the
problem within the thirty (30) days notice period, or if the Grantee initiates substantial
effort, to remedy the stated problem, and the efforts continue in good faith, then County
shall not have the right to declare a forfeiture of the Franchise. If Grantee fails to cure the
stated violation within the thirty (30) days notice period, or if the Grantee does not
undertake efforts satisfactory to the County, to remedy the stated violation, then the
County, upon reasonable notice, may impose any or all of the remedies available herein.
Section 17. Expiration and Renewal
Renewal of this Franchise shall be govemed by Federal law.
Section 18. Confidential Information
Grantee may identify information, such as trade secrets, submitted to the County as confidential.
Grantee shall prominently mark any information for which it claims confidentiality with the
word "Confidential" in letters at least one-half (V2) inch in height, prior to submitting such
information to the County. The County shall make a good faith effort to protect such
confidential information, subject to the County's obligations under local, state and federal
disclosure laws.
Section 19. Forum for Litigation
Any litigation between the County and Grantee arising under or regarding this Franchise shall
occur, if in the state courts, in the Collier County Superior or District Court having jurisdiction
thereof, or if in the federal courts, in the United States District Court for the Southern District of
Florida.
Section 20. Notice
Any notice provided for under this Franchise shall be sufficient if in writing and delivered
personally to the following addressee or deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed as follows, or to such other address as the
receiving party hereafter shall specify in writing:
If to the County: County Manager
Collier County
3301 Tamiami Trail East
Naples, F134112
June 23,1997 17
With a copy to: Franchise Administrator
Collier County
3301 Tamiami Trail East
Naples, F1 34112
If to the Grantee: President
Marco Island Cable, Inc.
PO Box 344
Marco Island, FL 34145
Section 21. Non-Discrimination
The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color,
creed, national origin, or religion.
Section 22. Non-Divestiture
This Franchise shall not divest the County of any fight or interest in the public fights-of-way.
Section 23. Letter of Credit
23.1 Within sixty (60) days following the award of the Franchise or thirty (30) days prior to
construction, the Grantee shall deposit with the County a letter of credit from a financial
institution, approved by the County's Finance Director, in the amount often-thousand
dollars ($10,000). The form and content of the letter shall be approved by the County
Attorney. The letter of credit shall be used to insure the faithful performance of the
Grantee of all provisions of the Franchise, and compliance with all orders, permits and
directions of any agency, commission, board, department, division or office of the
County exercising jurisdiction over the Grantee's acts or defaults, and payment by the
Grantee of any penalties, claims, liens, liquidated damages, fees due the County.
23.2 If the Grantee fails to pay to the County any compensation, not in dispute, due the County
- within the time fixed herein; or fails, after ten (10) days notice to pay to the County any
penalties, claims, liens, liquidated damages, fees due the County, such failure by the
Grantee can be remedied by demand on the letter of credit. The County may immediately
request payment of the amount due from the letter of credit. Upon such request for
payment, the County shall notify the Grantee of the amount and date thereof.
23.3 The letter of credit shall be maintained at ten-thousand dollars ($10,000) during the entire
term of the Franchise unless modified in accordance with the procedures provided for in
Section 33.4 (Franchise Modification) of this Agreement. In the event that amounts are
withdrawn pursuant to this Section, the Grantee, shall take any required action to restore
June 23, I997
the letter of credit said total amount of ten-thousand dollars ($10,000) within ten (10)
business days of notification by the County of its withdrawal against the letter of credit.
23.4 The fights reserved to the County with respect to the letter of credit are in addition to all
other rights of the County, whether reserved by the Franchise, or authorized by law, and
no action, proceeding or exercise of a fight with respect to such a letter shall affect any
other fight the County may have.
23.5 The letter of credit shall contain the following endorsement:
"It is hereby understood and agreed that this letter of credit
shall not be canceled by the surety nor the intention not to
renew be stated by the surety until thirty (30) days after
receipt by the County, by registered mail, of a written
notice of such an intention to cancel or not to renew."
23.6 The Grantee shall renew the letter of credit not less than thirty (30) days prior to its
expiration and provide a copy of the renewal to the County. Failure to comply with It:i:'..
provision shall entitle the County to draw down the letter of credit in its entirety.
Section 24. Remedies - Liquidated Damages
24.1 Because the Grantee's failure to comply with provisions of this Franchise will result in
injury to the County, and because it will be difficult to estimate the extent of such injury,
the County and the Grantee hereby agree to the following liquidated damages, which
represent both parties' best estimate of the damages resulting from the specified injury.
Damages shall be subject to the amounts prescribed by the Collier County Code, Chapter
30§51.
24.2 The County shall stay or waive the imposition of any penalties set forth herein upon a
finding that any failure or delay is the result of an act of God or due to circumstances
beyond the reasonable control of the Grantee.
Section 25. Remedies - Cumulative
All remedies provided under this franchise agreement or Chapter 30 of the Collier County Code
shall be cumulative, unless otherwise expressly stated. The exercise of one remedy shall not
foreclose use of another, nor shall it relieve the Grantee of its obligations to comply with the
Franchise. Remedies may be used singly or in combination; in addition, the County may exercise
any fights it has under applicable law.
June 23,1997 19
Section 26. Books and Records - Inspection
The County may inspect the books, records, maps, plans, and other documents, including
financial documents, in the control or possession of the Grantee, affiliates, or any person that
constitutes an operator of the Grantee's Cable System: (1) to enforce the County's rights or assess
compliance with the Franchise and applicable law; (2) in the exercise of any lawful regulatory
power; or (3) as may be convenient in connection with any proceeding the County may or must
conduct under applicable law with respect to Grantee's Cable System. The material may be
duplicated at a County facility unless the County agrees to inspection and copying at some other
place. Material that the County requires Grantee to produce under this Section shall be
produced upon reasonable notice, no later than 30 days after the request for production. Requests
for extensions of time to respond shall not be unreasonably denied.
Grantee may request that the County treat records containing trade secrets or proprietary
information as confidential under the Florida Public Records law. To the extent authorized by the
Public Records law and other applicable state and federal law, the County shall maintain the
confidentiality of information designated "proprietary" by the Grantee. Should the County
receive a request to review Grantee's records or books under the Florida Public Records Law, it
will promptly notify Grantee and provide an opportunity for Grantee to raise an objection,
demonstrate why the requ6sted information is proprietary and, if necessary, seek a court order to
protect its proprietary information.
Section 27. Books and Records - Reports and Responses to Questions
27.1 Grantee shall provide the following reports to Grantor:
27.1.1 A quarterly Franchise Fee report listing revenues received, by category, in a form
attached as Exhibit C;
27.1.2 Within ninety (90) days after the close of the Grantee's fiscal year, the Grantee
shall submit a written annual report including a financial statement, including a
statement of income, balance sheet, and a statement of sources and applications of
funds which shall be certified by an official of Grantee.
27.1.3 Grantee shall file with the County any notice of deficiency, forfeiture, or other
document issued by any state or federal agency which has instituted any
investigation or civil or criminal proceeding naming the cable system, the
Grantee, or any operator of the cable system, to the extent the same may affect or
bear on the operations of the Grantee's cable system.
27.1.4 The Grantee shall file with the County any request for protection under
Bankruptcy laws, or any judgment related to a declaration of bankruptcy by the
June 23, 1997 20
Grantee, any affiliate which controls or manages the Grantee, or any operator of
the cable system.
Section 28. Books and Records- Maintenance
28.1 In addition to reports required by this Franchise, the Grantee shall maintain records of the
following:
28.1.1 FCC proof of performance; and
28.1.2 Monthly records demonstrating compliance with applicable Customer Service
Standards.
Section 29. Inspection of Plant
The County may inspect the Grantee's Cable System during construction, and anytime thereafter
upon reasonable to the Grantee. If, based on subscriber complaints or its own investigation, the
County believes that the cable system may not be operating in compliance with the franchise-
agreement or applicable Federal rules, it may require Grantee to perform tests, prepare a report
and present to the County the results of those tests. The Grantee shall report each deficiency and
take prompt action to remedy it.
Section 30. Insurance
30.1 Within thirty (30) days after the effective date of the Franchise, Grantee shall provide
proof of the required insurance. The Grantee shall maintain this insurance throughout the
franchise term. Insurance shall include, in amounts not less than those provided by
Chapter 30 § 36 of the Collier County Code.
30.2 The insurance coverage obtained by this franchise in compliance within this Section shall
be approved by the County's risk management office, and copies of such insurance
policies (or certificate of insurance) shall be filed with the County.
Section 31. Emergency Alert
The Grantee shall install and maintain an emergency alert system [EAS] pursuant to FCC's rules
and the Florida Emergency Alert System Plan. The County or County's Public Safety
Communication Center shall be provided with access to the system so that it can communicate
emergency messages and alerts to residents consistent with the Florida Emergency Alert System
Plan. If the Grantee's cable system is exempt from the federal provisions, then the emergency
alert system shall conform to the requirements set by Chapter 30 § 41(d) of the Collier County
Code.
June 23,1997 21
Section 32. Service to Public Buildings
Grantee shall, upon request, provide service to public buildings located within one hundred fifty
feet (150') of Grantee's existing distribution system; provided, however, that if adequate
underground conduit is provided by the requesting public agency, Grantee shall, upon request,
provide service to public buildings within two hundred fifty feet (250) of Grantee's distribution
system. All charges for installation and provision of Cable Services and Other Communications
Services to such public buildings shall be at Grantee's current rate. To the extent any services
are provided without charge to any Public Building, neither the County nor any other person may
resell such services.
Section 33. Four - Year Review: Performance Monitoring
33.1 During the years which commence on the fourth anniversary or any multiple thereafter, of
the effective date of the Franchise, the County may commence a review of Grantee's
performance under the Franchise. As part of this review, the County may consider:
a) whether the Grantee has complied with its obligations under the Franchise and
applicable law;
b) whether customer service standards, technical standards, or bond or security fund
requirements are adequate or excessive; and,
c) other issues as may be raised by the Grantee, the County, or the public.
33.2 The County shall conduct public hearings to provide the Grantee and the public the
opportunity to comment on the Grantee's performance and other issues considered as part
of the four-year review.
33.3 Any revisions to the Franchise Agreement which either the County or the Grantee wishes
to make as a result of these reviews shall be proposed under the procedures established
herein.
33.4 Periodic Evaluation, Review and Modification.
33.4.1 The County and Grantee acknowledge and agree that the field of cable television
is a relatively new and rapidly changing one which may see many regulatory,
technical, financial, marketing and legal changes during the term of this
Franchise. Therefore, in order to provide for the maximum degree of flexibility in
this franchise, and to help achieve a continued, advanced and modem Cable
System, the following evaluation and review provisions will apply:
June 23, 1997 22
a) The County may, upon thirty (30) days notice, request evaluation and review
sessions at any time during the term of this Agreement and Grantee shall
cooperate in such review and evaluation; provided, however, there shall not be
more than one (1) evaluation and review session during any calendar year.
b) Topics which may be discussed at any evaluation and review session include,
but are not limited to, rates, channel capacity, the System perfomaance,
progranuning, PEG access, municipal uses of cable, Subscriber complaints,
judicial rulings, FCC rulings and any other topics the County or Grantee may
deem relevant.
c) During an evaluation and review session, Grantee shall cooperate fully with the
County and shall provide without cost such reasonable information and
documents as the County may request to perform the evaluation and review.
d) If at any time during the evaluation and review the County reasonably believes
there is evidence of inadequate technical performance of the Cable System, the
County may require Grantee, at Grantee's expense, to perform appropriate tests
and analyses directed toward such suspected technical inadequacies. In making
such request, the County shall describe and identify as specifically as possible the
nature of the problem and the type of test the County believes to be appropriate.
Grantee shall cooperate fully with the County in performing such tests and shall
report to the County the results of the tests, which shall include at least: (i) a
description of the problem in the System performance which precipitated the
special tests; (ii) the System component tested; (iii) the equipment used and
procedures employed in testing; (iv) the method, if any, by which the System
performance problem was resolved; and (v) any other information pertinent to
said tests and analyses.
e) As a result of an evaluation and review session, the County or Grantee may
determine that a change to the System or in the terms of the Franchise may be
appropriate. In that event, either the County or Grantee may propose
modifications to the System or the Franchise. Grantee and the County shall, in
good faith, review the terms of the proposed change or any proposed amendment
to this Franchise and seek to reach agreement on such change or amendment.
33.4.2 The County and Grantee shall act in good faith during such negotiations and shall
be obligated to agree to the reasonable requests of the other party for changes in
the System or amendment to the Franchise when the change or amendment is not
inconsistent with the other terms of the Franchise, or with applicable law or
regulations, and the change or amendment is technically feasible, economically
reasonable and will not result in a material alteration of the rights and duties of the
parties under the Franchise.
June 23,1997 23
Section 34. Conflict with Cable RegulatoryOrdinance
The provisions of the Regulatory Ordinance, Chapter 30 of the Collier County Code, are hereby
incorporated herein by reference as if set out in full, and form part of the tenns and conditions of
this Agreement. In the event of any conflict between the terms and conditions of this Franchise
and the provisions of the Regulatory Ordinance, the terms of this Franchise shall prevail, except
where conflict arises from lawful exercise of the County' s police power.
Section 35. Severability
If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance is, for any
reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect.
Section 36. Reservation of Rights
Grantor and Grantee reserve all rights that they may possess under the law unless expressly
waived herein.
Section 37. Entire Agreement
This Agreement, including all Appendices, embodies the entire understanding and agreement of
the Franchising Authority and the Company with respect to the subject matter hereof and merges
and supersedes all prior representations, agreements, and understandings, whether oral or written,
between the County and the Grantee.
Section 38. Force Majeure
In the event Grantee' s performance of any of the terms, conditions, obligations or
requirements of this Franchise is prevented or impaired due to any cause beyond its reasonable
control or not reasonably foreseeable, such inability to perform shall be deemed to be excused
and no penalties or sanctions shall be imposed as a result thereof, provided Grantee provides
notice to Grantor in writing within thirty (30) days of Grantee's discovery of the occurrence of
such an event, which notice explains the circumstances. Such causes beyond Grantee's
reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts
of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment, inability
June 23, 1997 24
of Grantee to obtain access to property easements, rights of way and inability of Grantee to
secure all necessary permits to utilize utility poles and conduit so long as Grantee utilizes due
diligence to obtain said permits in a timely fashion.
Section 39. Acceptance of Franchise
Within thirty (30) calendar days following the grant of this Franchise, the Grantee shall file with
the County its written acceptance of the Franchise, together with certificates of insurance and
letter of credit instruments required herein. The Grantee shall state that it agrees to be bound by
and to comply with all requirements pursuant to the provisions of this Franchise. Such
acceptance and agreement shall be acknowledged by the Grantee before a notary public, and
shall in form and content be approved by the County Attorney.
Section 40, Grant
This Franchise is granted by the County to Marco Island Cable, Inc., pursuant and subject to the
conditions and requirements provided by the Chapter 30 of the Collier County Code and
applicable federal, state and local laws, roles and conditions. This Franchise bestows upon
Grantee the authority to construct, maintain and operate a Cable System, utilizing the Public
Rights-Of-Way, to offer Cable Services and Other Communications Services within the County.
Section 41. Effective Date
This Franchise Ordinance shall take effect immediately upon adoption. Passed and adopted on this the
.-4?~/da of Q~ 1997. y f
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed.
.Pi~eTEST:;'- "- ;, '.-; BOARD OF COUNTY COMMISSIONERS
:. -Dwight E. Bro~k~ ~ J- COLLIER COUNTY, FLORIDA
i B ;2 ~ . By:
:~. -:. l'D~puty Clerl~.' ~ ':: / 5.' Tffnothy L./lT1/ariYoock, Chairman
· .~ -. . ,?
county seal
June 23, 1997 25
ATTEST: MARCO ISLAND CABLE, INC.
Susan G. Gaston William R. Gaston, President
Corporate Secretary
co:-p-sCal
State of Florida )
County of F!ofida)
The fo,:egoi.g ~'~chise AVee~ent ,,,,~ ack~o~ledS~ befo,:o ~e mis~¢qaay of .~une, 19~7,
- _ -- as identification.
' CHRISTINAV SINCLAIR ' !'
hi"' n~u~pu~e
.... .,..~;,,m~d
Approved as to form and ~ ................
legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
June 23, 1997
26
Exhibit A
Grantee's Service Area
Cable Television Application
June 23, 1997 27
Exhibit B
Government, Education and Public Agencies Scheduled
for Subscriber and Institutional Network [I~Net]
Connections and Services
The County has directed all cable television providers to provide sufficient I-Net capacity to
support data communication links between and among various local government facilities it
passes is included as well. The communication links provided by an I-Net are sought to
replace existing facilities [e.g., dedicated lines leased from the telephone company, microwave
links] and to establish new data communication pathways to government offices as yet
unserved by the County's WAN.
It is expected that the I-Net shall be used to implement new services the County has previously
contemplated but unable to fulfill. These include, internal telephone service within the
organization, long distance by-pass service, providing an inexpensive way to reach the
County's long distance carriers, high-speed data transmission and networking between remote
sites [e.g. parks, recreation, sanitation, water treatment fire stations & training center], video
conferences between remote public safety and citizen information sites, traffic information,
video arraignment, and traffic surveillance video from key intersections.
Community Development Division 2800 N. Horseshoe Drive Yes Yes
Central Library 650 Central Avenue Yes Yes
Park &Recreation 3300 Santa Barbara Blvd. Yes Yes
Golden Gate Estates Library 1266 Golden Gate Blvd. Yes Yes
Marco Island Library 210 S. Healthwood Yes Yes
East Naples Library 8787 Tamiami Trail East Yes Yes
Domestic Animal Services 7077 North Airport Blvd. Yes Yes
County Barn Facilities 2901 County Barn Road Yes Yes
Parks and Recreation 4701 Golden Gate Parkway Yes Yes
Parks and Recreation 623 1 Arbor Blvd. Yes Yes
Parks and Recreation I 1500 Danford Street Yes Yes
Parks and Recreation 1213 Little League Road Yes Yes
Parks and Recreation 13531 Van Drive Yes Yes
Parks and Recreation 150 Vanderbuilt Road Yes Yes
June 23, 1997 28
Parks and Recreation 1900 lmmokalee Road Yes Yes
Parks and Recreation 3500 Thompson Drive Yes Yes
Airport Authority 2003 Main Sail Drive Yes Yes
Utilities Department 371 2nd Street SE Yes Yes
Utilities Department 5600 Warren Street Yes Yes
Utilities Department 561 Wilson St. North Yes Yes
Public Works/WW Collections 6027 Shirley Road Yes Yes
Airport Authority 650 Airport Road Yes Yes
Utilities Department 800 Teryl Road Yes Yes
Utilities Department 8005 Vanderbuilt Dr. Yes Yes
Utilities Department 841 7th Street SW Yes Yes
Utilities Department 891 1 st Street SW Yes Yes
Utilities Department 891 3rd Street SW Yes Yes
Utilities Department 891 5th Street SW Yes Yes
Media One and Time Warner Cable currently provides subscriber cable television services to a
number of these locations. The County has the necessity to a) preserve the existing connections,
b) migrate existing data telephone or microwave connections to the I-Network, and c) add new
sites to the I-Network as time, funds, project priorities and service requirements dictate. ·
The County's Information Services staff shall work closely with Marco Island Cable's engineers
to prepare a transition and deployment plan to provide an orderly transition and deployment of I-
Net services to the aforementioned sites within the Grantee's service area. The site locations
identified herein reflect "county wide" connections and as such do not constitute an inclusive list.
New sites may be added while others are decommissioned. I-Net communication facilities may
be up or downgraded to parallel changing requirements. The aforementioned list, at best,
represents a long term [ten-year] service deployment scheme. Some locations serve more than
one County department, consequently, it may be possible to use a single I-Net connection to
serve the office complex.
June 23, 1997 29
Exhibit C
Monthly Franchise Fee Reporting Schedule
(Typical Format-Subject to Modification)
Cable Operator Date ! /
Address
Contact Person
Title Accounting Department Phone
Subscriber Detail
1.1 Basic I Average Subscription Units
1.2 Basic Service Rate
1.3 CPST Average Sub. Units
1.4 CPST II Rate
1.5 Premium Service Average Units
1.6 Premium Service Rate
1.7 Disney Service Average Units
1.8 Disney Service Rate
1 ~9 Installation Average Completions
1.10 Installation Average Rate
1.11 Complimentary Accounts
1.12
Penetration Statistics
2.1 Total Homes Passed
2.2 Basic I Penetration Units
2.3 CPST Penetration Units
2.4 Premium Service Penetration %-age
2.5 Disney Service Penetration %-age
2.6 Chum: Average %-age
June 23,1997 30
Gross Revenue Detail Itemization
Code Revenue
3.0 Cable Television
3.1 BasicI
3.2 CPST
3.3 Premium
3.4 Showtime
3.5 HBO
3.6 Disney
3.7 The Movie ChannelI
3.8 Pay Per View
3.9 FM Radio
3.10 Converter Rental
3.11 Remote Control
3.12 Cable Guide
3.13 Launch Fees
3.14 Program Carriage Fees
3.15
4.0 A/O Services
4.1 BasicI
4.2 CPST II
4.3 Premium
4.4 Showtime
4.5 HBO
4.6 Disney
4.7 The Movie CharmelI
4.8 Pay Per View
4.9 FM Radio
4.10 Converter Rental
4.11 Remote Control
4.12 Cable Guide
4.13 Launch Fees
4.14 Program Carriage Fees
4.15
5.0 Service Charge
5.1 Installation
5.2 A/B Switch Sales
5.3 Up/Down Grades
5.4 Late Payment Fees
June 23, 1997 3 1
5.5 Check Return Fees
5.6
6.0 Commercial
6.1 Bulk(MDU)
6.2 Contract
6.3
6.4
7.0 Advertising
7.1 CommercialInsertion
7.2 Barter Agreements
7.3 Home/Auto Sellers
7.4
8.0 Shopping Channels
8.1 HSN
8.2 QVC
8.3 GSN
8.4
9.0 Video Production
9.1
9.2
10.0 Leased/Rentals
10. 1 L-A Channel
10.2 Facilities
10.3
10.4
10.5
11.0 Miscellaneous
11.2 Reimbursement for Cable Damage
11.3 Equipment Sales
11.4 Launch Incentives
11.5
11.6
SUBTOTAL
FRANCHISE FEE @5%
TOTAL
June 23, 1997 32
ASSIGNMENT
MARCO ISLAND CABLE FRANCHISE AGREEMENT
COLLIER COUNTY TO THE CITY OF MARCO ISLAND
EXHIBIT "B"
Chapter 30
CABLE COMMUNICATIONS*
Article I. In General
Secs. 30-1--30-25. Reserved.
Article II. CATV Franchises
Sec. 30-26. Title and purpose.
Sec. 30-27. Definitions.
Sec. 30-28. Franchising provisions.
Sec. 30-29. Rights.
Sec. 30-30. Initial performance guarantee.
Sec. 30-31. Rights to use streets not warranted.
Sec. 30-32. Other agreements, permit and easement requirements.
Sec. 30-33. No property rights conveyed.
Sec. 30-34. Jurisdiction of other regutatory bodies or agencies.
Sec. 30-35. Liability, indemnification.
Sec. 30-36. Insurance.
Sec. 30-37. Bonding requirements.
Sec. 30-38. FCC petition and license.
Sec. 30-39. Compliance with applicable laws and ordinances.
Sec. 30-40. Signal quality requirements.
Sec. 30-41. Service requirements.
Sec. 30-42. Cable system construction.
Sec, 30-43. New developments.
Sec. 30-44. Areawide interconnection of cable systems.
Sec. 30-45. Local office; operations.
Sec. 30-46. Access to records.
Sec. 30-47. Submission of financial reports.
Sec. 30-48. Rate schedule.
Sec. 30-49. Preferential or discriminatory practices prohibited.
Sec. 30-50. Rules of franchise.
Sec. 30-51. Liquidated damages.
Sec. 30-52. Termination.
.Sec. 30-53. Removal, abandonment and restoration of system.
Sec. 30-54. Public, educational and institutional services.
Sec. 30-55. Consumer protection provisions.
Sec. 30-55.1. Rate regulation.
Sec. 30-56. General penalties.
Sec. 30-57. Subsequent action by state or federal authorities.
Sec. 30-58. Personal liability of county officials.
Sec. 30-59. Review of orders and decisions.
Sec. 30-60. Superseding of agreements.
Sec. 30-61. Amendments.
Sec. 30-62. Rights and remedies cumulative.
Sec. 30-63. County's right of intervention.
*Cross reference--Businesses, ch. 26.
State law references---Authority to regulate businesses, F.S. § 125.01(1)(h); cable television franchises, F.S. § 166.046; theft of
cable services, F.S. § 812.14 et seq.
Supp. No. 1 CD30:I
CABLE COMMUNICATIONS § 30-27
ARTICLE I. IN GENERAL Basic service means any tier of service which
includes retransmission of local television broad-
cast signals and the public, educational and gov-
Secs. 30-1-30-25. Reserved.
ernmental access channels.
Channel means a signaling path or portion of
ARTICLE II. CATV FRANCHISES the electromagnetic frequency spectrum which is
used in a cable system and which is capable of
Sec. 30-26. Title and purpose. delivering a television channel as defined by the
commission (FCC) by regulation.
(a) Short title. This article shall be known and
may be cited as the "Collier County Cable Televi- Commercial use (lease) channel means a video
sion Franchise Ordinance." and/or audio or data channel which the franchisee
may make available on terms for commercial use
(b) Purpose. This article is enacted under the by persons unaffiliated with the franchisee for the
home rule power of the county for the purpose of purpose of transmitting programming, providing
providing necessary regulations, conditions and services, or exchanging information.
provisions which shall apply:
(1) To the granting, issuance and renewal of Community antennatelevisionsystem, cable tele-
nonexclusive franchises for the installa- vision communication system and CATV means:
tion, operation, use and maintenance of ca- (1) For the purpose of this article, these are
ble television communication systems with- synonymous terms, describing a system
in the unincorporated limits of the county. which may employ antennae, microwave,
(2) To provide reasonable and suitable protec- wires, wave-guides, coaxial cables, fiber op-
tics or other conductors, equipment or fa-
tion and control over the use of county- cilities, designed, constructed or used for
owned easements and rights-of-way by ca-
ble television franchisees; all in the interest the purpose of:
of the public health, safety and welfare of a. Collecting and amplifying local and dis-
the citizens and inhabitants of the county. rant broadcast television or radio sig-
(Ord. No. 88-90, § 1) nals and distributing and transmitting
them;
Sec. 30-27. Definitions. b. Transmitting original cablecast pro-
gramming not received from television
The following words, terms and phrases, when broadcast signals;
used in this article, shall have the meanings as-
cribed to them in this section, except where the c. Transmitting television pictures, file
context clearly indicates a different meaning: and videotape programs, not received
through broadcast television channels,
Access channel means a channel dedicated in whether or not encoded or processed to
whole or in part to local programming which is permit reception by only selected re-
not originated by a cable company and shall in- ceivers; or
clude facilities and equipment, which the licensee d. Transmitting and receiving all other
shall make available without charge to the board signals, including digital, voice and au-
of county commissioners and county school board dio-visual;
for the purpose of transmitting programming by
the public, as well as governmental and educa- provided, however, that any of the services
tional agencies. permitted hereunder to be performed, de-
scribed in this subsection, shall be those
Audio channel means a band of frequencies in performed by or through the franchisee for
the electromagnetic spectrum which is capable of subscribers in the operation of a cable tele-
carrying one audio signal. vision system franchised by the county.
supp. No. 1 CD30:3
§ 3o-27 COLLIER COUNTY CODE
(2) Such term does not include: county pursuant to the Communications Act of
a. A facility or combination of facilities 1934, as amended, and all applicable FCC regu-
that serves only to retransmit the tele- lations.
vision signals of one or more television Franchise means the nonexclusive initial autho-
broadcast stations; rization or renewal thereof granted by the county
b. A facility or combination of facilities to construct, install, operate and maintain a CATV
that serves only subscribers in one or system upon the streets, public ways and rights-
more multiple-unit dwellings under of-way within a specifically designated franchise
common ownership, control, or man- area of the county, whether such franchise is des-
agemerit unless such facility or facili- ignated as a franchise, permit, license, resolution,
ties use any public right-of-way or util- contract, certificate, agreement, or otherwise.
ity easement; Franchisee means the person granted a CATV
c. A facility of a common carrier, except franchise or anyone who succeeds the person in
that such facility shall be considered a
accordance with the provisions of this article, or
cable system to the extent such facility anyone who holds a franchise granted by the coun-
is used in the transmission of video pro- ty prior to enactment of this article.
gramming directly to subscribers;
d. Any facilities of any electric utility used Gross revenues includes, but is not limited to,
solely for operating its electric utility monthly fees charged subscribers for basic ser-
system. vice; monthly fees charged subscribers for any pre-
mium service; installation and converting leasing
Converter means an electronic device which con- fees or charges; advertising revenues; administra-
verts signals not susceptible to reception by the tive fees from delinquent subscribers and/or de-
television receiver of the subscriber to a signal linquent advertiser accounts; dishonored check
which is susceptible of reception, and by an ap- charges; capital reimbursements from subscrib-
propriate channel selector also permits the sub- ers; promotional fees from program suppliers; tow-
scriber to view all signals delivered at designated er rentals; fees for collection of state sales tax;
dial locations. and Home Shopping Network commissions; pro-
vided, however, the board of county commission-
County means Collier County, Florida. ers specifically reserves the fight to amend this
definition from time to time to account for chang-
County administrator means the county admin-
es in technology. Gross revenues shall not include
istrator of Collier County, Florida, or his designee, any taxes on services furnished by the franchisee
or any successor to the powers of the county man- which are imposed upon any subscriber or user by
ager. the state, county, or other governmental unit and
collected by the franchisee on behalf of said gov-
County attorney means the county attorney of ernmental unit. The franchise fee is not such a
Collier County, Florida, or his designee, or any tax.
successor to the powers of the county attorney.
Institutional cable means the communications
Data channel means a band of frequencies in network constructed or operated by the cable com-
the electromagnetic spectrum which is capable of pany and which is generally available only to sub-
carrying one data signal. scribers who are not residential subscribers.
FCC means the Federal Communications Com- Local originationprogramming means program-
mission, or its designee, or any successor to the ming that is either produced by the franchlsee or
powers of the FCC. is obtained from another source for transmission
on the franchisee's local origination channels.
FCC approval means any necessary authoriza-
tion by the FCC to operate a CATV system in the May is permissive.
supp. No. 1 CD30:4
CABLE COMMUNICATIONS § 30-28
Pay television means the delivery over the com- Service means any subscriber service, whether
munity antenna television system ofvideo signals or not originated by the franchisee, which is
in intelligible form to subscribers for a fee or distributed over the franchisee's distribution sys-
charge (over and above the charge for basic or tem on any channel.
tiered service) on a per-program, per-channel or
Shall and will are mandatory, not merely direc-
other subscription basis. tive.
Person means any individual, partnership,joint Signal means any transmission of radio fre-
venture, association, joint stock company, trust, quency energy or of optical information.
firm, corporation, club, society, governmental en-
tit-y, or other legally recognized entity, whether for Subscriber means any person or entity receiv-
profit or not for profit, or any lawful successor, ing for any purpose any service provided by the
transferee or assignee of said entity. cable operator.
(Ord. No. 88-90, § 2; Ord. No. 94-12, § 1)
Property offranchisee means all property owned, Cross reference--Definitions generally, § 1-2.
installed, or used by a franchisee in the conduct of
a CATV business in the county under the author- Sec. 30-28. Franchising provisions.
ity of a franchise granted pursuant to this article,
or pursuant to a franchise agreement. (a) Required. Any individual, partnership, cor-
poration or other entity desiring to install and/or
Public notice means publication of notice of the operate any cable television system in the unin-
time, place and purpose of a hearing at least twice corporated area of the county shall apply to the
in a newspaper of general circulation in the board for a franchise pursuant to this article.
county, with the first publication not less than 14 (1) The issuance of a franchise pursuant to
days prior to the hearing and the second to be not this article shall allow the franchisee to
less than five days prior to the hearing. install, construct, maintain and operate a
CATV system in accordance with the addi-
Public school me~n~ any institution of the county tional requirements of this article through-
public school system, or any duly state-accredited out the area which is described in the
local college or university, within the unincorpo- franchise agreement and for which ap-
rated areas of the county. proval has been received.
Public street means the surface of and the space (2) Prior to any installation or construction,
above and below any street, terrace, avenue, road, the franchisee shall apply to the county for
highway, fleeway, bridge, land, path, alley, court, a permit, granting the privilege to install,
sidewalk, parkway, drive, boulevard, or other construct, maintain and operate a CATV
public way, now laid out or dedicated, and all system under the jurisdiction of the county
extensions thereof and all additions thereto, within in accordance with such rules and regula-
the unincorporated areas of the county and sub- tions as shall be recommended by the county
ject to the control of the county. engineer and approved by the board.
(3) It shall be a violation of this article to
Public works administrator means the public commence or engage in the construction,
works administrator of the county, or his desig- operation or maintenance of a cable system
nee, or any successor to the powers of the public in the county without first having obtained
works administrator. a cable franchise awarded by the board of
county commissioners.
Residential subscriber means a subscriber who
receives any cable television service in an individ- (b) Award. Nonexclusive franchises may be
ual dwelling unit or multiple dwelling where the awarded by the board of county commissioners for
service is not to be utilized in connection with a all or any portion of the county to applicants upon
business, trade or profession. a finding that such award is consistent with the
supp. No. 4 CD30:5
§ 30-28 COLLIER COUNTY CODE
public interest, furthers the goal of providing fiscal years immediately preceding the
efficient CATV service to all residents of the date of the application hereunder, or a
unincorporated areas of the county, and does not letter or other acceptable evidence in
result in material abuse of county streets, or writing from a responsible lending in-
easements or rights-of-way, and after consider- stitution or funding source, addressed
ation of the factors referred to in subsection (f)(1) to both the applicant and the county,
of this section. The county shall adopt by resolu- setting forth a clear statement of its
tion such application forms and other administra- intent as a lending institution or fund-
tive procedures are deemed necessary and desir- ing source to provide whatever capital
able for efficient administration of this article. shall be required by the applicant to
construct and operate the proposed sys-
(c) Applicationprocedure; information required. tem in the county; or if the corporate or
All applications to construct, operate or maintain business entity organization of the ap-
any CATV system in the unincorporated areas or plicant has not been in existence for a
to traverse any portion of those areas for the full five years, the applicant shall sub-
transmitting or conveying of such service else- mit an audited financial statement for
where shall be filed with the board or such office the period of its existence or other
of the county as the board may designate by doctunentation required by the county.
resolution; and each such application shall set e. A detailed description of all previous
forth, contain, or be accompanied by the follow- experience of the applicant in provid-
ing: ing CATV services or related or similar
(1) The name, address and telephone number services, which includes a statement
of the applicant. identifying, by place and date, any
other cable television franchise awarded
(2) A detailed statement of the corporate or to the applicant, its parent or subsid-
other business entity organization of the iary; the status of said franchise with
applicant, including but not limited to the respect to completion thereof; the total
following: cost of completion of such systems; and
a. The names, business addresses, state the amount of the applicant's and its
of residence and country of citizenship parent's or subsidiary's resources com-
of all general partners and corporate mitted to the completion thereof.
officers of the applicant. (3) A detailed financial plan (pro forma) de-
b. The names, business addresses, state scribing, for each year of the franchise,
of residence and country of citizenship projected number of subscribers, rates, all
of all persons and entities having, con- revenues, operating expenses, capital ex-
trolling, or being entitled to have or penditures, depreciation schedules, income
control 15 percent or more of the own- statements, and statement of sources and
ership of the applicant and the respec- uses of funds. If applicant submits a de-
tive ownership share of each such per- tailed financial plan for a period of less
son or entity. than the requested term of the franchise,
the county may award a franchise to appli-
c. The names and addresses of any par-
ent or subsidiary of the applicant and cant but for a period of time equal to the
number of years or portion thereof, re-
of any other business entity owning or
controlling in whole or in part or owned fleeted in the financial plan.
or controlled in whole or in part by the (4) A detailed description of the proposed plan
applicant. of operation of the applicant, which shall
d. A detailed and complete financial state- include but not be limited to the following:
ment of the applicant, prepared by a a. A detailed map indicating all areas
certified public accountant, for the five proposed to be served, a proposed time
Supp. No. 4 CD30:6
CABLE COMMUNICATIONS § 30-28
schedule for the installation of all equip- for the use of any facilities of the public
ment necessary to become operational utility, including but not limited to poles,
throughout the entire area to be served; lines or conduits.
and the projected total cost for construc- (8) True and 'exact copies, if filed, of the last
tion of the system. and most current FCC Cable TV Informa-
b. A statement or schedule setting forth tion Report and FCC Form 325 as submit-
all proposed classifications of rates and ted to the FCC.
charges to be madeagainst subscribers (9) Any other reasonable information which
and all rates and charges as to each of
could materially affect the granting of the
any said classifications, including but
franchise and which is requested by the
not limited to installation charges, ser- county.
vice charges, and special, extraordi-
nary or other charges requested by the (10) For applicants in existence for less than
county. The purchase price, terms and three years, except for subsidiaries or affil-
nature of any optional or required equip- iates of existing cable companies, the county
ment, device or other thing(s) to be in its discretion may agree to accept other
offered for sale to any subscriber shall information in lieu of the items reflected in
be described and explained in detail. this paragraph, provided it is acting rea-
c. A detailed statement describing the sonably and is satisfied that the applicant
has materially complied with the require-
technical design proposed, the actual
ments of this section.
equipment, and the operational and
technical standards proposed by the
(d) Fee.
applicant. In addition, applicant shall
submit to the county an affidavit or (1) Each original or transfer application sub-
letter from a qualified engineer accept- mitted for a franchise under the provisions
able to both parties with experience in of this article shall be accompanied by a
the cable industry which letter states nonrefundable application fee in the amount
that the proposed system will ade- of $10,000.00, to offset the reasonable cost
quarely provide CATV service to the of processing and evaluating said applica-
proposed service area and that the tion for conformity with the provisions and
applicant's construction projection costs conditions of this article, including but not
are reasonable. limited to the payment of consultants' fees;
provided, however, that the board reserves
(5) A copy of the form of any form of any
agreement, understanding or other instru- the right to require reimbursement to the
ment proposed to be entered into between county of all costs of processing and evalu-
the applicant and any subscriber. ating any application, in excess of
$10,000.00, if such costs are determined by
(6) A detailed statement setting forth in its the board by resolution to be necessary for
entirety any and all agreements and under- the proper evaluation of such application.
standings, whether formal or informal, writ- Each renewal application submitted for a
ten, oral or implied, existing or proposed to franchise under the provisions of this arti-
exist between the applicant and any person cle shall be accompanied by a non-refund-
which may affect control or operation of the able application fee in the amount of
system contrary to this article, as amended, $5,000.00 to offset the reasonable costs of
or a franchise agreement. processing and evaluating said application,
(7) A copy of any executed agreement covering provided, however, if such costs exceed
the franchise area, if existing between the $5,000.00, then the franchise holder shall
applicant and any public utility, providing be responsible for any additional costs.
Supp. No. 4 CD30:7
§ 30-28 COLLIER COUNTY CODE
(2) Each franchise holder filing an application notice of consideration of a CATV fran-
for expansion of its designated franchise ehise. Said notice shall name the applicant,
area shall pay the sum of $5,000.00 as is describe the proposed service area, invite
required by subsection (1) of this subsee- the filing of an application under the pro-
tion (d). Upon board approval or denial of visions of this article by all persons inter-
the expansion, the county shall refund to ested in establishing a CATV system in the
the franehisee anyportion of the expansion proposed service area, invite objections to
application fee which is not used by the the establishment of a CATV system in the
county for the review of the expansion proposed service area from existing CATV
application. systems and the general public and set a
(3) Any applicant who has had a franchise time and date certain, within at least 25
approved by the county and then declared business days from the date of the first
null and void or revoked by a court may not publication of the notice, for a public hear-
ing on all applications filed for the estab-
be required to pay an application fee, un-
lishment of a CATV system in said pro-
less the board determines that the county
will incur actual expenses including but posed service area and for all objections to
the establishment of such CATV system.
not limited to consulting fees to review a
new application. Any written reports, studies or materials to
be considered by the board of county corn-
(e) Public hearing on applications. Upon re- missioners at the public hearing must be
ceipt of an application for a franchise submitted submitted to the county administrator's
under the provisions of this article and within 90 office within 15 days from the date of the
days, or such extended period of time as the board first publication of notice of the public
may approve upon request by the administrator, hearing.
the county administrator shall review the appli- (2) The initial application and all subsequent
cation for sufficiency and compliance with subsec-
tion (c) of this section. If the county administrator applications received prior to the public
hearing shall be a matter of public record.
finds that the application is incomplete, he shall Any application may be amended in writ-
return it to the applicant with a letter describing ing at any time prior to the date of the
any and all insufficiencies found in the applica- public hearing. No amendments to filed
tion. The applicant may then reapply for a fran-
chise upon correcting the deficiencies noted by the applications, oral or written, and no new
applications shall be received after the time
county manager. Upon receipt of the revised and and date set for the public hearing or a
amended application, the county administrator continued public hearing, unless amend-
shall review the application within a 90-day pc- ments to the application are requested by
riod or such extended period of time as the board the county. The public hearing may be
may approve upon request by the county man- continued from time to time and from place
ager. Upon review and af[er finding that the to place as determined to be necessary by
application is complete and in compliance with the board.
subsection (c), the county administrator shall
make a recommendation to the board regarding (~ Issuance of franchise.
the awardofafranchisetotheapplicantandshall (1) The board may issue one or more non-
forward said application to the board for publica- exclusive franchises from the applications
tion of a notice in accordance with subsection (1) filed and considered at a public hearing.
of this subsection (e). The board shall, prior to an issuance of a
(1) Upon receipt of an application for a fran- franchise, consider the information and cri-
chise and after review by the county admin- teria required by this article and any other
istrator, the board shall publish once a information it deems appropriate in mak-
week for three consecutive weeks in a pa- ing a determination to issue a franchise.
per of general circulation in the county a During the public hearing or a continued
Supp. No. 4 CD30:8
CABLE COMMUNICATIONS § 30-28
public hearing the board of county commis- rent 0perator's franchise, the county may
sioners shall also consider, investigate and impose such conditions as it deems neces-
make findings regarding the following: sary and proper.
a. The economic impact upon private prop- (3) The board of county commissioners has the
erty within the franchise area; authority to retain an expert or consultant
b. The public need for such a franchise, if to conduct a study at any time in order to
any; determine whether the county is able to
handle an overbuild or overlapping fran-
c. The capacity of public rights-of-way to chises, economically or practically, or for
accommodate the cable system; any other purpose which the board deems
d. The present and future use of the pub- necessary in order to adequately evaluate a
lic fights-of-way to be used by the cable franchise application. Any resulting fees or
system; expenses of experts or consultants are to be
e. The potential disruption to existing borne by the applicant.
users of the public fights-of-way to be (4) The board shall vote and thereafter notify
used by the cable system and the re- in writing all applicants of its decision
suitant inconvenience which may oc- within 30 days from the adjournment of
cur to the public; said public hearing. Said notice shall spec-
f. The financial ability of the franchise ify the aforementioned factors that were
applicant to perform and to make the determinative of its decision. All of the
necessary investment to erect, operate statements and declarations contained in
and maintain the cable system; the application shall be incorporated as
conditions and material representations of
g. The exp. erience of the applicant in the
any franchise that is issued by the board,
erection, operation and maintenance and the breach of any of such conditions
of a CATV system; and representations shall constitute cause
h. The location and type of permanent for termination of the franchise by the
facilities proposed to be constructed for board. The approval of the written decision
the cable system; by the board shall be deemed an award of
the franchise.
i. The technical quality and complete-
ness of the proposed plan for operation (g) Term. No franchise shall be issued for a
of the cable system; term longer than ten years. All current CATV
j. Th~ requisite legal, character, finan- franchise agreements shall remain in effect until
cial, technical and other qualifications their respective date of expiration, subject to any
necessary to construct, own and oper- provisions of this article deemed applicable
ate a cable television system. existing franchisees. However, any franchisee hold-
(2) In considering the desirability of an addi- ing a current franchise under any previous ordi-
tional or expanded cable operator, the board nance or franchise agreement may file for a
of county commissioners shall balance the renewal of its franchise pursuant to the terms of
desirability to promote competition in the this article which require adequate notice to the
public and opportunity to comment, and may
cable television industry so as to promote a
diversity of information and the provision have its franchise renewed for a period not to
of high-quality cable services at the lowest exceed ten years.
economic price against the unreasonable
disruption of private and public property (h) Effective date.
by multiple cable operations. Furthermore, (1) Any franchise granted pursuant to the pro-
if the county grants a franchise for an visions of this articleshall become effective
additional cable operator or expands a cur- as provided herein.
Supp. No. 4 CD30:9
§ 30-28 COLLIER COUNTY CODE
(2) Within 30 calendar days after the award- allowable by federal law, up to a maximum
ing of a franchise pursuant to subsection of five percent of the franchisee's g. oss
(f)(4) above, or within such extended period revenues or such greater percentage as
of time as the board in its discretion may may from time to time be approved by
authorize, the franchisee shall file with the federal law and renegotiated with the fran-
board its written acceptance of the fran- chisee.
chise, together with a commitment for in-
surance policies and bonding documents (2) An estimated franchise fee monthly pay-
required by sections 30-36 and 30-37, and ment shall be payable to the county within
its agreement to be bound by and to comply 20 days after the close of each month.
These payments shah be accompanied by
with all requirements pursuant to the pro-
visions of this article or the franchise. Such an estimated monthly gross revenues re-
acceptance and agreement shall be acknowl- port in a form pre-approved by the county.
edged by the franchisee before a notary Each monthly estimated franchise fee pay-
public, and shall in form and content be ment shall be adjusted, as a credit or debit,
satisfactory to and approved by the board. by the difference between the estimated
The franchisee shall execute the franchise gross revenues collected during the preced-
agreement and other documents required ing month and the actual gross revenues
by the county within 90 days of the award collected by the preceding month. Within
of the franchise pursuant to subsection 60 days after the close of each calendar
(f)(4) unless the county agrees to an exten- year, the franchisee shall deliver to the
sion of such date. county an annual gross revenues audit
report prepared by a certified public accoun-
(i) Business authorization. Any franchise granted tant in a form pre-approved by the county.
by the county shah authorize and permit the All mounts which are not paid when due
franchisee to engage in the business of operating and payable hereunder shall bear interest
and providing a CATV system in all or a portion of
at the legal rate, as defined in Florida
the county, and for that purpose, subject to the
Statutes, until paid and ffanchisee shall be
approval of the public works administrator, to
fined $100.00 a day until payment is made.
erect, instail, construct, repair, replace, recon-
struct, maintain and retain in, on, over, under, (3) Notwithstanding the requirement of sub-
upon, across and along any public right-of-way or section (2) of this section of delivery of a
easement, such poles, wires, cable, conductors, monthly gross revenues report and an an-
ducts, conduits, vaults, manholes, amplifiers, ap- nual audit report by the franchisee, the
pliances, attachments and other property as may county shall have the fight and authority
be necessary and appurtenant to the CATV sys- to inspect the franchisee's revenue records
tern; and in addition, subject to the approval of under the franchise and the right of audit
the public works administrator, so to use, operate and recomputation of any and all amounts
and provide similar facilities or properties rented payable under this section. All costs asso-
or leased from other persons, including but not ciated with any such audit shall be borne
limited to any public utility or other franchisee by the franchisee when said audit results
furnished or permitted to do business in the in increasing, by more than ten percent,
county. the franchisee's annual payment to the
(j) Changes to terms and conditions. No changes county.
in the terms of any franchise may be made (4) NO acceptance of payment shall be con-
without the prior written approval of the board. strued as a release or as an accord and
satisfaction of any claim the county may
(k) Franchise fee. have for further operational sums payable
(1) The franchisee shall pay as a franchise fee under this article or for the performance of
to the county the maximum percentage any other obligation hereunder until barred
Supp. No. 4 CD30:10
CABLE COMMUNICATIONS § 30-28
by the statute of limitations or the proceedings under subsection (1) of this
.transpiranceofthreeyears, whichever may section, renew the franchise or issue a
be shorter. preliminary assessment that the franchise
should not be renewed and, at the request
(1) Franchise restrictions. of the operator or on its own initiative,
(1) Any franchise granted under this article commence an administrative proceeding,
shall be nonexclusive. after providing prompt public notice of such
(2) No privilege or exemption shall be granted proceeding to consider whether:
or conferred by any franchise granted un- a. The cable operator has substantially
der this article except those prescribed complied with the material terms of
heroin or as mandated by state or federal the existing franchise and with appli-
law. cable law;
(3) Any privilege claimed under any such fran- b. The quality of the operator's service,
chise by the franchisee in any street or including signal quality, response to
other public property shall be subordinate consumer complaints, and billing prac-
to any prior lawful occupancy of the streets tices, but without regard to the mix,
or other public property. quality or level of cable services or
other services provided over the sys-
(m) Renewal of franchise. tern, has been reasonable in light of
(1) During the six-month period which begins community needs;
with the 36th month before the franchise c. The operator has the financial, legal
expiration, the franchising authority may and technical ability to provide the
on its own initiative, and shall at the re- services, facilities and equipment as
quest of the cable operator, commence pro- set forth in the operator's proposal;
ceedings which afford the public in the and
franchise area appropriate notice and par- d. The operator's proposal is reasonable
ticipation for the purpose of: to meet the future cable-related com-
a. Identifying the future cable-related corn- munity needs and interests, taking into
munity needs and interests; and account the cost of meeting such needs
b. Reviewing the performance of the ca- and interests.
ble operator under the franchise dur- In any proceeding under this subsec-
ing the then current franchise term. tion, the cable operator shall be af-
(2) Upon completion of a proceeding under forded adequate notice and the cable
subsection (1) of this section, a cable oper- operator and the board or its designee
ator seeking renewal of a franchise may, on shall be afforded fair opportunity for
its own initiative or at the request of the full participation, including the fight
county, submit a proposal for renewal. Any to introduce evidence (including evi-
such proposal shall contain such material dence related to issues raised in the
as the county may require, including pro- proceeding under subsection (1) of this
posals for an upgrade of the cable system. section), to require the production of
The county may establish a date by which evidence, and to question witnesses. A
such proposal shall be submitted. transcript shall be made of any such
proceeding.
(3) Upon submittal by a cable operator of a
proposal to the county for the renewal of a At the completion of a proceeding
franchise, the county administrator shah under this subsection, the board shall
provide prompt public notice of such pro- issue a written decision granting or
posal and, during the six-month period denying the proposal for renewal based
which begins on the completion of any upon the record of such proceeding,
Supp. No. 4 CD30:ll
§ 30-28 COLLIER COUNTY CODE
and transmit a copy of such decision to (6) Any decision of the board on a proposal for
the cable operator. Such decision shall renewal shah not be considered final un-
state the reasons therefor. less all administrative review has occurred
(4) Any denial of a proposal for renewal shall or the opportunity therefor has lapsed,
be based on one or more 'adverse findings (7) For purposes oftMs section, the term fran-
made with respect to the factors described chise expiration means the date of the
in subsections a. through d. of subsection expiration of the term of the franchise, as
(3) of this section pursuant to the record of provided under the franchise, as it was in
the proceeding under subsection (3). The effect on the date of the enactment of this
board may not base a denial of renewal on article [November 15, 1988].
a failure to substantially comply with the
material terms of the franchise under sub- (8) Notwithstanding the provisions of subsec-
section (3)a. or on events considered under tions (1) through (7) of this section, a cable
subsection (3)b. in any case in which a operator may submit a proposal for the
violation of the franchise or the events renewal of a franchise pursuant to this
considered under subsection (3)b. occur af- subsection at any time; and the board may,
ter the effective date of this article [Novem- after affording the public adequate notice
and opport~m{ty for comment, grant or deny
ber 23, 1988] unless the county has pro-
vided the operator with notice and the such proposal at any time (including after
opportunity to cure, or in any case in which proceedings pursuant to this section have
it is documented that the county has waived commenced). The provisions of subsections
its right to object, or has effectively acqui- (1) through (7) of this section shall not
esced. apply to a decision to grant or deny a
proposal under this subsection. The denial
(5) Any cable operator whose proposal for re- of a renewal pursuant to this subsection
newal has been denied by a final decision of shall not affect action on a renewal pro-
the board made pursuant to this section, or posal that is submitted in accordance with
has been adversely affected by a failure of subsections (1) through (7).
the board to act in accordance with the
procedural requirements of this section, (9) In the event the board elects not to grant a
may appeal such final decision or failure renewal of the franchise under the provi-
pursuant to the provisions of 47 U.S.C. sions of subsection (1) of this section or in
section 555 of the Cable Communications the event a franchise is terminated under
Policy Act of 1984. the provisions of section 30-52 of this arti-
The court shall grant appropriate cle after the franchise holder has ex-
relief if the court finds that: hansted all administrative and legal reme-
dies of appeal denying renewal of the
a. Any action of the board is not in com- franchise, the franchise holder shall have a
pliance with the procedural require- period of one year to sell its CATV system
merits of this section; or to a person approved by the board for a new
b. In the event of a final decision of the franchise, which approval shall not be un-
board denying the renewal proposal, reasonably withheld, or a period of one
the operator has demonstrated that year after termination of service to remove,
the adverse finding of the board with at its expense, all portions of the CATV
respect to each of the factors described system from the public rights-of-way as
in subsections a. through d. of subsec~ described in section 30-53 of this article. In
tion (3) of this section on which the the event such previous franchise holder
denial is based is not supp?rted by a does not effectuate a sale of its CATV
preponderance of the evidence, based system to a person approved by the board
on the record of the proceeding con- for a new franchise or does not remove all
ducted under subsection (3). portions of its CATV system from said
Supp. No. 4 CD30:12
CABLE COMMUNICATIONS § 30-31
public fights-of-way within said period of ter equitably and reasonably extend energized
one year, the portions of the CATV system cable to a substantial percentage of its franchise
that remain within said public rights-of- area each year. A substantial percentage is hereby
way shall be considered abandoned and determined to be 15 percent of the homes within
shall be governed by the provisions of sec- the service area described in the franchise. Fail-
tion 30-53 of this article. ure to accomplish said significant construction of
the proposed CATV system within said service
(10) In the period between termination of the
franchise and the granting of another fran- area within a period of one year from the date of
chise, but not to exceed 12 months, the issuance of an original franchise or the extension
of a service area or failure to equitably extend
franchisee shall continue to provide service
to the public as if its franchise were still in energized cable to at least 15 percent of its fran-
effect. chise area each year thereafter may result in
(Ord. No. 88-90, § 3; Ord. No. 94-12, § 2; Ord. No. cancellation of said franchise by the board as
96-15, § 1, 3-26-96) provided in this article. However, said 15 percent
shall only apply to areas where the density is 35
Sec. 30-29. Rights. homes per street or road mile or more.
(a) The right is hereby reserved to the county (b) In the event a franchisee has not completed
to adopt, in addition to the provisions contained construction and is not offering CATV service to
at least 85 percent of the homes within the service
herein and in existing applicable agreements,
area described in its franchise at the expiration of
such additional regulations as it shah fred neces-
sary in the exercise of the police power; provided five years from the date of the issuance of said
that such regulations, by ordinance or otherwise, franchise, the board shall have the right to with°
shall be reasonable and not in conflict with the draw a portion of said service area in the interest
terms and conditions of the franchise and the of the public convenience and necessity. Said
rights herein granted. action shall be taken only after a public hearing
established by the board for the purpose of allow-
(b) The county shall have the right during the ing the franchisee to show cause why such action
life of this article to install and maintain free of should not be taken.
charge upon the poles of the franchisee all wire
and pole fixtures necessary for a police alarm (c) It shall be the responsibility of the public
system, or traffic-control system on the condition works administrator to inspect and verify perfor-
that such wire and pole fixtures do not interfere mance.
with the present and future CATV operation of (Ord. No. 88-90, § 5)
the franchisee. Sec. 30-31. Rights to use streets not war-
(c) The county shall have the right to inspect at ranted.
the franchisee's business office the maps, plans It is understood that there may from time to
and other like materials of the franchisee at any
time during normal business hours where such time be within the county various streets which
the county does not have the unqualified right to
maps, plans and other materials are related to
this article or any franchise granted by the county. authorize a franchisee to use, because of reserva-
tions in favor of the dedicators or because of other
(Ord. No. 88-90, § 4) legal impediments; therefore, in granting a fran-
Sec. 30-30. Initial performance guarantee. chise, the county does not warrant or represent as
to any particular street or portion of a street that
(a) Within one year from the date of issuance of it has the right to authorize the franchisee to
an original franchise or the extension of a service install or maintain portions of its system therein,
area, the franchisee shall accomplish construction and in each case the burden and responsibility for
of 25 percent of the proposed CATV system within making such determination in advance of the
the entire service area where the density is 35 installation shall be upon the franchisee.
homes per street or road mile, and shall thereaf- (Ord. No. 88-90, § 6)
Supp. No. 4 CD30:13
§ 30-32 COLLIER COUNTY CODE
See. 30-32. Other agreements, permit and (b) Indemnification.
easement requirements. (1) By acceptance of the franchise granted
under this article, the franchisee agrees to
The county shall not be required to assume any
responsibility for the securing of any rights-of- indemnify, defend and hold harmless the
way, easements, or other rights which may be county, its officers, boards, commissioners,
required by the franchisee for the installation of a agents and employees, from any and all
CATV system, nor shall the county be responsible actions, claims, suits, penalties and judg-
for securing any permits or agreements with merits for damages at law or equity of any
other persons or utilities. nature whatsoever arising out of or through:
(Ord. No. 88-90, § 7) a. The acts or omissions of the franchisee,
its servants, employees and agents;
Sec. 30-33. No property rights conveyed. and/or
b. The conduct of its business as a cable
Nothing in this article or in the franchise shall television communications service.
grant to the franchise holder any right of property
in county-owned property or public rights-of-way (2) The franchisee shall defend in the name of
as described in section 30-28(a) of this article; nor the county, and pay all expenses incurred
shall the county be compelled to maintain any of by the county in defending itself, with
its property or said public rights-of-way any longer regard to all damages and penalties the
than, or in any fashion other than in the county's county may legally be required to pay as a
judgment, as its own business or needs may result of a franchise granted under this
require. In addition, the franchise holder shall not article. Damages and penalties shall in-
be entitled to any compensation for damages from clude but not be limited to damages arising
the county as a result of having to remove or out of copyright infringement and all other
relocate its property, lines and cables from said damages arising out of the construction,
public property or public rights-of-way in the installation, operation and maintenance of
event the county determines that a necessity its cable communications system, whether
exists for such removal or relocation. or not any such act or omission is autho-
(Ord. No. 88-90, § 8) rized, allowed or prohibited by this article
or the franchise granted hereunder. Ex-
Sec. 30-34. Jurisdiction of other regulatory penses shall include all incidental ex-
penses, including attorney fees and the
bodies or agencies. reasonable value of any services rendered
Nothing herein shall be construed to grant a by the office of the county attorney.
franchisee any right or privilege lawfully within (Ord. No. 88-90, § 10)
the jurisdiction of any other regulatory body or Sec. 30-36. Insurance.
agency. (a) Required.
(Ord. No. 88-90, § 9) (1) Simultaneoulsy with the execution of the
franchise agreement, the franchisee shall
Sec. 30-35. Liability, indemnification. provide proof of general liability insurance
(a) Liability in case of emergency. If, at any insuring against claims for liability and
time in case of fire, disaster or other emergency, it damages. The franchisee shall maintain
shall appear necessary in the judgment of the said insurance throughout the term of the
county to cut, move or otherwise interfere with franchise; and said insurance shall include,
at a minimum, the following types of insur-
any of the wires, cables, amplifiers, appliances or
appurtenances theretoofthefranchisee, thecounty ance coverage in amounts not less than
shall not be liable for any injury or damage to shown:
such property and equipment of the franchisee as a. Worker's compensation. Coverage to ap-
a result of such cutting, moving or interference. ply for all employees for statutory lim-
Supp. No. 4 CD30:14
CABLE COMMUNICATIONS § 30-37
its in compliance with the applicable (2) Certificates and renewals. Certificates and
state and federal laws. The policy must renewals of all coverage required shall be
include employers' liability with a limit promptly fled by the franchisee with the
of $500,000.00 each accident. county administrator. Each policy shall re-
quire notice, and the franchisee shall notify
b. Comprehensive general liability. Shall the county within 30 days of any cancella-
have minimum limits of $1,000,000.00 tion or modification of any insurance cov-
per occurrence combined single limit
erage required by this article, which notice
for bodily injury liability and property shah be sent by registered mail to the
damage liability. This shall include county administrator or his designee. Re-
premises and/or operations, indepen- newal certificates shall be fled with the
dent contractors, and subcontractors county no less than 30 days prior to the
and/or completed operations, broad form policy expiration date.
property damage, XCU coverage, and a
contractual liability endorsement. (3) Additional insured. The county shall be
included as an additional insured on both
c. Business auto policy. Shall have mini- the comprehensive general liability and
mum limits of $1,000,000.00 per occur- business auto liability policies.
rence combined single limit for bodily
injury liability and property damage (4) Premium payment. Companies issuing the
insurance policies shall have no recourse
liability. This shall include owned ve-
hicles, hired and nonowned vehicles against the county for payment of any
and employee nonownership. premiums or assessments, and same shall
be the sole responsibility of the franchisee.
(2) The insurance coverage obtained by the
franchisee in compliance with this section (5) When effective. No franchise granted under
this article shall be effective unless or until
shall be approved by the risk management each of the foregoing policies' certificates of
administrator and the county attorney, and insurance as required in this section have
such insurance policies, along with written been delivered to the county.
evidence of payment of required premiums,
shall be filed and maintained with the (6) Not waiver. Neither the provisions of this
county administrator during the term of section, nor the acceptance of any bonds by
the franchise. the county pursuant to this article, nor any
damages received by the county thereun-
(3) The insurance coverage and policy require- der shah be construed to excuse perfor-
ments may be changed and increased from
mance by a franchisee or limit the liability
time to time at the discretion of the board of a franchisee for damages to the full
of county commissioners to reflect chang- amount of the bonds or otherwise.
ing liability exposure and limits. (Ord. No. 88-90, § 11; Ord. No. 96-15, § 2, 3-26-96)
(4) Nothing herein is intended as a limitation
to the extent of any legal liability of the Sec. 30-37. Bonding requirements.
franchisee.
(a) Construction bond.
(b) Insurance policy provisions. (1) Simultaneously with the execution of the
(1) Resident company and agent. All insurance franchise agreement, the franchisee shall
policies and bonds as are required of a post with the county either a construction
franchisee in this article shall be written bond or an irrevocable letter of' credit is-
by a company or companies authorized and sued by a state bank or a federally insured
qualified to do business in the state, and lending institution in an amount equal to
have a minimum rating of "A XX" in Best's 110 percent of the projected cost ofconstruc-
Rating Guide. tion and installation of the system. Exist-
Supp. No. 4 CD30:15
§ 30-37 COLLIER COUNTY CODE
ing franchisees shall post such a bond or required by this article and shall be in
irrevocable letter of credit with the county addition to the performance bond or irrevo-
and as required by the county administra- cable letter of credit required in subsection
tor at the same time as and in conjunction (b)(1) of this section.
with submission of a construction plan or
reconstruction plan as required by Section (b) Permanent performance and payment bond.
30-42(a) of this article, and in any event at (1) Simultaneously with the execution of the
least 30 days prior to the start of construc- franchise agreement or assignment offran-
tion or reconstruction. Said bond or letter chise in the case of a transfer, the franchise
of credit will be returned at the end of six shall, furnish to the county a performance
years to the franchisee or at such prior bond or an irrevocable letter of credit is-
time as the system has been completed and sued by a state bank or a federally insured
approved by the county, provided: lending institution in the amount of
a. That the franchisee has met or ex- $100,000.00. The performance bond or let-
ceeded the construction schedule re- ter of credit shall be used to guarantee the
quired by section 30-30 and section compliance withperformancerequirements
30-42; and and payment of all sums which may be-
b. That the franchisee has in good faith come due to the county under this article
and/or under any franchise agreement en-
complied with all terms and conditions tered into by the county and the franchisee.
of the franchise agreement and all pro- The performance bond or letter of credit
visions of this article as well as the
shah be maintained in the full amount
rules and regulations herein required specified herein throughout the term of the
and permitted. franchise and for one year m°cer the fran-
(2) If the franchisee submits a cable system chise expires or is terminated, without re-
construction or reconstruction map and duction or allowances for any amounts which
schedule pursuant to section 30-42(a) of are withdrawn or paid pursuant to this
th/s article which provides for construction article.
of the system in progressive stages to pro- (2) All CATV operators in the unincorporated
vide service to specified and definitive sec-
tions of his franchise area, the franchisee areas of the county who possess a valid,
may submit a construction bond or irrevo- current franchise, that is in good standing,"
cable letter of credit equal only to 110 to operate a CATV operation as of the
percent of the projected cost of construction effective date of this article [November 23,
and installation of each specified and de- 1988] shall not be required to furnish a
finitive section of the system in lieu of the performance bond until such time as cur-
bond or letter of credit required by subsec- rent franchise expiration, transfer or re-
tion (a)(1) of this section; provided, how- newal. Current franchisees may negotiate
ever, that the franchisee must complete accelerated franchise renewals pursuant to
construction of the specified section to which section 30-28(g).
the construction bond applies prior to the (3) The fights reserved to the county with
initiation of construction of a subsequent respect to the bond or the letter of credit
section. are in addition to all other fights of the
(3) If the 'ffanchisee shall fail to perform the county.
(Ord. No. 88-90, § 12; Ord. No. 96-15, § 3, 3-26-96)
obligations heretofore set out in this sec-
tion, the franchisee shall forfeit in total to
the county the hereinabove referenced con- Sec. 30-38. FCC petition and license.
struction bond. The franchisee shall, except for existing li-
(4) Said construction bond shall not be in lieu censes, within 60 days a.ecer the issuance of a
of any other guarantee or indemnification license under this article, apply to the FCC for a
Supp. No. 4 CD30:16
CABLE COMMUNICATIONS § 30-41
registration statement or such other certificate or National Cable Television Association to
license as may be required for the operation of the the effect that the customers shall receive
cable system. Failure of the franchisee to obtain the highest possible level of service.
the necessary permits and licenses within one (2) Underground construction in streets shall
year of the issuance of a franchise under this be of such quality as to assure continuity of
article shall cause the franchise to become null service without the necessity of frequent
and void, unless the franchisee petitions the board street or pavement cutting and shah con-
for an extension of time upon good cause show. rain a self-sealing device to ensure all such
(Ord. No. 88-90, § 13) cables against leakage.
Sec. 30-39. Compliance with applicable laws (3) No portion of the franchisee's system shall
hamper the ability of nonsubscribers from
and ordinances. receiving TV broadcast signals off the air
The franchisee shall at all times during the life waves where, prior to the CATV system's
of this article be subject to all lawful exercise of existence, such signals could be received by
the police power by the county and to such rea- nonsubscribers' television equipment.
sonable regulation by the county as the county (4) The levels of intensity or strength permit-
shall hereafter provide. The franchisee shall com- ted on any drop shall be closely adjusted to
ply with all laws, statutes, codes, ordinances, prevent stray radiation of the CATV signal.
rules or regulations applicable to its business.
Specific and exact compliance to all zoning and (5) The franchisee shall take steps as neces-
building regulations shall be adhered to by the sary to prevent instances of extensive RF
franchisee. radiation.
(Ord. No. 88-90, § 14) (6) All amplifier housing shall be effective
shields against radiation by the amplifying
Sec. 30-40. Signal quality requirements. equipment. ,
(a) General standards. (Ord. No. 88-90, § 15)
(1) Systems shall be maintained in such a Sec. 30-41. Service requirements.
manner as to prevent radiation from its
facilities in excess of the limits specified in (a) System capability.
applicable rules and regulations of the FCC.
(1) The franchisee's cable distribution system
(2) The systems shall pass standard color tele- of a franchise granted pursuant to this
vision and FM signals without degrada- article shall be capable of carrying at least
tion. 54 television channels and FM radio to
(3) There shall be no visible cross-modulation each subscriber.
products produced in the cable TV systems (2) Each such franchisee shall at all times
on any channel. provide programming on a minimum of 30
(4) The system and all equipment shall be channels and shall provide on its basic
designed and rated for 24 hours per day service, programming on a minimum of 12
continuous operation. channels, unless otherwise preempted by
the FCC, and provided that such program-
(b) Technical specifications. ming is available. Each franchisee shall
make available without charge to the county
(1) CATV systems shall be installed and main-
tained in accordance with FCC technical unlimited time on at least one local govern-
specifications, regulations and industry stan- ment access channel.
dards as reflected inthe Standards of Good (3) The franchisee shall extend cable televi-
Engineering Practices for Measurements sion service to any building within the
on Cablevision Systems, published by the county which is located on property within
Supp. No. 4 CD30:17
§ 30-41 COLLIER COUNTY CODE
150 feet of any portion of the distribution more than one identified and designated channel
facilities of the franchisee's existing plant until such time as the current franchise expires,
at the time of application for service. Such ' is transferred or renewed.
extension shall be made within 60 calendar (Ord. No. 88-90, § 16)
days after receipt of a legitimate written
request for such service. There shall, how- See. 30-42. Cable system construction.
ever, be no obligation on the part of the (a) Construction map and schedule. The fran-
franchisee to extend cable service beyond chisee shall submit a construction plan or recon-
150 feet from existing distribution facilities struction plan which shall be incorporated by
unless there is a density of at least 35 reference and made a part of the franchise agree-
homes per street or road mile contiguous to ment. The plan shall include cable system design
the existing plant. Provided, however, the details, equipment specifications, and design per-
franchis ee shall serve any building in ex- form ance criteria. The plan shall also include a
cess of 150 feet if the owner of said building map of the entire franchise area and shall clearly
is willing to pay the actual cost of the delineate the following:
service extension to such building.
(1) Areas within the franchise area where the
(b) Lock-out devices. The franchisee shall make cable system will be initially available to
available, to any residential subscriber so request- subscribers, including a schedule of con-
ing, a "parental guidance" or "lock-out" device struction for each year that construction or
which shall permit the subscriber, at his or her reconstruction is proposed; and
option, to eliminate the audio and visual aspects (2) Areas within the franchise area where ex-
from any channel reception. The franchisee shall tension of the cable system cannot reason-
nnnuallyadviseallresidential subscribersregard- ably be done due to lack of present or
ing the availability of this device, and an addi- planned development or other similar rea-
tional reasonable charge for any such device may sons, with the areas and the reasons for not
be imposed. serving them clearly identified on the map.
Construction or reconstruction plans and maps
(c) Denial of service. The franchisee may deny shall be submitted to the county administrator's
service to any subscriber where such subscriber office at least 90 days prior to the start of con-
has previously been a subscriber of the franchisee struction or reconstruction, urdess the county
and the franchisee previously terminated agrees to a lesser time period.
subscriber's service due to nonpayment.
(b) Early construction and extension. Nothing
(d) Emergency use of facilities. The franchisee in this section shall prevent the franchisee from
shall install and maintain an audio override ca- constructing or reconstructing the cable system
pacity on all channels for transmission of emer- earlier than planned. However, any delay in the
gency messages and alerts and shall provide for cable system construction beyond the times spec-
character-generated "crawl" information to be su- ified in the plan report timetable shall require
perimposed for the hearing impaired on all video application to and consent by the board.
channels. In the case of any emergency or disas-
(c) Delay in construction timetable. Any delay
ter, as determined by the county, franchisees
beyond the terms of construction or reconstruc-
shall, upon request of the county, make the over-
tion timetable, unless approved by the board, will
ride capacity available to the county without
be considered a violation of this article for which
charge for use during emergency or disaster pe- the provisions of section 30-51 shall apply as
riod. All CATV operators in the unincorporated determined by the board.
areas of the county who possess a valid, current
franchise, that is in good standing, to operate a (d) Commencement of construction or reconstruc-
CATV operation as of November 23, 1988 shall tion. Construction or reconstruction in accordance
not be required to provide "crawl" information on with the plan submitted by the franchisee shall
Supp. No. 4 CD30:18
CABLE COMMUNICATIONS § 30-42
commence as soon after the grant and acceptance works administrator. Prior to the issuance of such
of a franchise as is reasonably possible. Fa~ure to approval, the franchisee shall submit to the pub-
proceed expeditiously shall be grounds for revo- lic works administrator:
cation of a franchise. Failure to proceed expedi- (1) Strand maps of the system authorized by
tiously shall be presumed in the event construc- the proposed franchise showing plant rout-
tion or reconstruction is not commenced within 12 Lug, utility company poles to which the
months of the grant and acceptance of a franchise. system facilities are to be attached; and
(2) True copies of all pole attachment agree-
(e) Additional mandatory extension. Extension ments made by the franchisee with United
of a cable system into any area not specifically Telephone Company and Florida Power and
treated in the plan shah nonetheless be required Light Company and any other utility or
if the terms of any of the following conditions axe
company to which an attachment is to be
met: made.
(1) Mandatory extension rule. The franchisee (g) County's right to inspect. The county shall
shall extend cable system upon request to have and maintain the right to inspect the instal-
any contiguous area not designated for lation, construction, operation and maintenance
initial cable service in the construction of the system by the franchisee to ensure the
plan when potential unserved subscribers proper performance of the terms of this article.
can be served by extension of cable system (h) Joint or common use of poles.
past dwelling units equivalent to a density
of 35 homes per street mile. (1) To enhance the public convenience and to
minimize the placement of poles and wire
holding structures within public ways, the
(2) Early extension. In areas not meeting the franchisee shall enter into agreements for
requirements for mandatory extension of the joint or common use of poles or other
cable service, the franchisee shall provide, wire-holding structures where poles or other
upon the request of five or more potential wire holding structures already exist for
subscribers desiring cable service, an esti- the use in serving the county or serving the
mate of the costs required to extend cable
service to said subscribers. The franchisee public convenience. However, no location of
any pole or wire-holding structure of the
shall then extend cable service upon re- franchisee shall be a vested interest, and
quest of said potential subscribers accord- such pole or structure shall be removed or
ing to the existing rate schedule. The fran- modified by the franchisee at its own ex-
chisee may require advance payment or pense whenever the public works adminis-
assurance of payment satisfactory to the trator determines it to be necessary in
franchisee. The amount paid by subscrib-
ers for early extension shall be nonrefund- conjunction with a county project.
able; and in the event the area subse- (2) The county shall be permitted to make use
quently reaches the density required for of the poles or other wire-holding struc-
mandatory extension, such payments shall tures of the franchisee, without charge or
be treated as consideration for early exten- remuneration to the franchisee, if the pub-
sion. lic works administrator determines that
the use would enhance the public conve-
nience and would not unduly damage, ham-
(f) Prior approval by county. Except for individ-
per or interfere with the franchisee's present
ual service drops, the franchisee shall not erect and future operations.
any pole, run any line, or make any attachment,
nor shall any construction on public property and (i) Permits, easements and agreements. The
related to the delivery of cable services be com- county shall not be required to assume any re-
menced without the prior approval of the public sponsibility for the securing of any fights-of-way
supp. No. 4 CD30:19
§ 3042 COLLIER COUNTY CODE
or easements, nor shall the county be responsible (4) The franchisee shall have the authority to
for securing any permits or agreements with trim trees upon or overhanging streets,
other persons or utilities. alleys, sidewalks and public ways and places
(j) Location/relocation of facilities. of the county so as to prevent the branches
of such trees from coming in contact with
(1) The franchisee's system may be installed the wires and cables of the franchisee, in a
aboveground in areas where existing power manner approved by and acceptable to the
or telephone facilities are aboveground, and county. At the option of the county, such
shall be installed underground in areas trimming may be done by it or under its
where existing power and telephone facili- supervision and direction at the expense of
ties are installed underground. The fran- the franchisee, if prior notification has been
chisee shall endeavor to enter into agree- given to the franchisee and the franchisee
merits for the purpose of sharing poles with thereafter failed to respond.
any person now or hereafter authorized by
license, franchise or otherwise to erect and (5) Franchisees shall promptly, upon the
maintain overhead or underground wires county's request and at their own expense,
and cables, it being the intent hereof that modify or relocate when necessary any part
all aboveground installations of CATV sys- of their systems to accommodate the aban-
tems shall be accomplished on existing donmerit of any street.
utility poles and easements where feasible, (6) No location of any underground or
and installed only parallel to existing facil- aboveground facility or structure of any
ities. Where new poles are installed, prior franchisee on public property shall be a
approval of the public works administrator vested interest, and such poles or struc-
as to location must be received. tures shall be removed or modified by a
(2) The franchisee shall not place any fixtures franchisee at its own expense whenever the
or equipment where the same will interfere county determines that the public conve-
with any gas, electric, CATV, telephone, nience would be enhanced thereby.
sewer, drainage or water lines, fixtures or
equipment; and the location by franchisees (k) Safety.
of their lines and equipment shall be in (1) A franchisee's work performance, equip-
such a manner as not to interfere with the ment and job sites shall be in compliance
usual travel on or proper use of said streets, with all applicable state and federal require-
the use of the same for the installation or merits. A franchisee's work, while in
operation of gas, electric, telephone, water, progress, shall be properly protected at all
drainage, or sewer lines equipment, or the times with suitable barricades, flags, lights,
rights or reasonable convenience of owners flares or other devices as are required by
of property which abuts any street. the Manual on Uniform Traffic Control
(3) Franchisees shall relocate any aboveground Devices (FDOT) to protect all members of
portion of their systems underground in the public having occasion to use the per-
any county easement or right-of-way area tion of the streets involved or adjacent
where existing power and telephone facili- property-
ties are hereafter so relocated unless a (2) The franchisee shall at all times employ
franchisee elects to purchase said poles due care and shall install, maintain and
owned by the utility company or is permit- use commonly accepted methods and de-
ted to remain on said poles pursuant to vices for preventing failures and accidents
contractual pole attachment agreements. which are likely to cause damage, injuries
Any such relocation shall be at their ex- or nuisances to the public. All structures
pense, and such relocation shall be accom- and all lines, equipment and connections
plished concurrently with relocation or any in, over, under and upon the streets of the
such power and telephone facilities. county wherever situated or located shall
Supp. No. 4 CD30:20
CABLE COMMUNICATIONS § 30-43
at all times be kept and maintained in a (m) Transfer prohibited.
safe, suitable, substantial condition, and in (1) A franchisee shall not assign, sell or trans-
good order and repair. The franchisee shall fer its plant or system or any portion thereof,
install and maintain its wires, cables, fix-
nor any right, title or interest in same, nor
tures and other equipment in accordance shah a franchisee transfer or assign any
with the requirements oftheNational Elec- right under this article or under a fran-
trical Safety Code promulgated by the Na- chise agreement to any other person with-
tional Bureau of Standards, the National out prior approval of the county, which
Electrical Code of the American Insurance approval shall not be unreasonably with-
Association, and the Bell System Code of held, and only then upon such conditions as
Pole Line Construction. the county deems necessary and proper.
Prior approval of the county shall be re-
(l) Inspection and performance test. quired where ownership or control of more
(1) The county shall have the right to make than 30 percent of the right of control of
franchisee is assigned to or acquired by a
such inspections as it shah find necessary
to ensure compliance with terms of a fran- person or group of persons acting in con-
chise and other pertinent provisions of law. cert, none of whom already own or control
The county shah have the right to require 30 percent or more of such right of control,
the franchisee to provide and keep accurate singularly or collectively.
calibrated test equipment immediately avail- (2) Any transferee of a franchisee's plant or
able for use in the county for the testing of system or any portion thereof shall submit
all service and operation standards in this to the county information which is required
article, and the franchisee shall conduct of an initial applicant as found in section
such tests as requested by the county in 30-28(c)(1), (c)(2) and (c)(3) of this article
order to establish the level of performance and must agree to comply with all provi-
of the system. sions of this article before the county may
approve such transfer. '
(2) The franchisee shall furnish the county (Ord. No. 88-90, § 17; Ord. No. 96-15, § 4, 3-26-96)
administrator with a written report of the
results of franchisee's annual system proof See. 30-43. New developments.
of performance tests, as required by the
FCC. The county may require additional (a) Public hearing. The board shall have the
tests as proof of performance should it have authority to order a public hearing on the provi-
reasonable cause to believe that a sion of additional channel capacity by franchisee
ffanchisee's system is not providing quality
service transmission to its subscribers. The
franchisee shall pay the costs incurred by
the county for any technical assistance
deemed necessary by the county for obtain-
Lug independent verification of technical
compliance with all standards. Reports cov-
ering the following will be maintained and
made available to the county manager upon
request:
a. Complaints, numbers, nature and cor-
rective actions taken, as required by
section 30-55(b)(4).
b. Progress of system expansion and num-
ber of subscribers.
Supp. No. 4 CD30:20.1
CABLE COM1VIUNICATIONS § 30-45
or on the inclusion in the franchisee's cable system systems for both construction and operation of the
of state-of-the-art technology or upgraded facili- interconnection link.
ties. Notice of such hearing shall be provided to
the franchisee and the public not later than 30 (c) Relief. A franchisee may be granted reason-
days prior to such hearing. able extensions of time to interconnect or the
county may rescind its order to interconnect upon
(b) Determination of need. If after such hearing petition by the franchisee to the county. The
the board determines that: county shall grant said request if it finds that a
(1) There exists a reasonable need and demand franchisee has negotiated in good faith and has
for additional channel capacity and/or state- failed to obtain an approval from the cable system
of-the-art technology or upgraded facilities; or systems of the proposed interconnection or that
the cost of the interconnection would cause an
(2) Provision has been made or will be made unreasonable or unacceptable increase in sub-
for adequate rates which will allow a fran- scriber rates.
chisee a fair rate of return on its invest-
ment (including the investment required to (d) Cooperation required. A franchisee shall co-
provide the additional channels arid/or the operate with any interconnection corporation, re-
state-of-the-ar~ technology or upgraded fa- gional interconnection authority or other county,
cilities); and state and federal regulatory agency which may be
hereafter established for the purpose of regulating,
(3) Such requirements will not result in eco- financing, otherwise providing for the intercon-
nomic waste for the franchisee. nection of cable systems beyond the boundaries of
The board may order franchisee to provide a spec- the county.
ified number of additional channels and/or speci- (Ord. No. 88-90, § 19)
fled state-of-the-art technology or upgraded facil-
ities. In considering the economic feasibility of
required cable system improvements, the board Sec. 30-45. Local office; operations.
may consider the extension of the term of the fran- '
chise to permit the recovery of the cost of said (a) Local office. The franchisee shall, throughout
improvements. Any proposed extension of fran- the entire duration of its franchise, maintain an
chise shall be treated procedurally in accordance office within the county open to the public during
with the procedure for franchise renewal, as stated all reasonable business hours.
in section 30-38. (b) Franchise officials. The franchisee shall des-
(Ord. No. 88-90, § 18) ignate a resident manager of the system, and such
person shall reside in close proximity to the ser-
Sec. 30-44. Areawide interconnection of vice area of the franchisee and shall be active in
cable systems. the management of the system in the county
(a) Interconnection required. A franchisee shall throughout the duration of the franchise. The fran-
interconnect access channels of the cable system chisee shall notify the county in writing of any
with any or all other cable systems in contiguous change of the resident manager within 30 cal-
adjacent areas, upon the directive of the county. endar days of the change.
Interconnection of cable systems may be done by
direct cable connection, microwave link, satellite, (c) Maintaining telephone access. Each fran-
or other appropriate method. chisee shall maintain within its office a telephone
system with a toll-free telephone number for all
(b) Interconnection procedure. Upon receiving exchanges serving the franchise area; and such
the directive of the county to interconnect, a fran- system shall be so operated that complaints and
chisee shall immediately initiate negotiations with ~requests for repairs may be received at any time
the other affected cable system or systems in order 24 hours a day, each day of the year, by a person
that all costs may be shared equally among cable representing the franchisee.
CD30:21
§ 30-45 COLLIER COUNTY CODE
(d) Studio facilities. Each franchise existing and expense statement applicable to its operation
prior to this article and serving a minimum of during the preceding 12-month period, a balance
25,000 subscribers as of the enactment of this ar- sheet and a statement of its properties devoted to
ticle [November 15, 1988] or upon attaining a min- the cable system operation, by categories, giving
imum of 25,000 subscribers shall maintain studio its investment in such properties on the basis of
facilities adequate to serve the subscribers of the original cost, less applicable depreciation. The an-
franchise within the county, as determined by the nual revenue reports so submitted shall be spe-
board. Each franchise granted pursuant to this ci~c as to the extent of operations of the fran-
article shall, upon serving a minimum of 25,000 chisee within the unincorporated area of the
subscribers, maintain studio facilities adequate county and shall include number of homes passed,
to serve the subscribers of the franchise within number of cable plant miles, number of subscribers
the county, as determined by the board. Consis- for each type of cable service offered and the gross
tent with community needs and interests, facili- revenues from all sources attributable to the op-
ties shall be adequate to provide the space, erations ofthe franchisee from within the county.
lighting, and audio and visual equipment neces- (Ord. No. 88-90, § 22)
sary for on-site videotaping and audio recording
of educational, governmental or civic programs. Sec. 30-48. Rate schedule.
Facilities will also have the capability of trans-
mitting locally originated programs to all sub- (a) Filing of rate schedules. The franchisee shall
scribers being served by the franchisee's system. file with the county schedules which shall de-
scribe all services offered, rates and charges for
(e) Resident agents. Each franchisee shall main- all services, and all terms or conditions relating
taln a force of resident agents and employees to thereto.
provide prompt response to subscribers within the
(b) Subscriber payment of rates.
county at all times, and shall have sufficient em-
ployees to provide safe, adequate and prompt ser- (1) The franchisee may refuse to furnish or may
vice for its facilities. discontinue furnishing service to a sub-
(Ord. No. 88-90, § 20) scriber who fails to pay installation fees or
monthly service charges when due or for
Sec. 30-46. Access to records. other good cause, but only after written no-
tice to that subscriber.
The county shall have access, at all reasonable
hourS, to plans, contracts, engineering, accounting, (2) The franchisee may require subscribers to
financial, statistical, customer and service records pay for the installation and for each month
relating to the property and operation of the fran- of basic service in advance at the beginning
chisee's county system and to such other records of each month.
as may be required by the county to perform its (3) Nothing in this section shall be construed
regulatory responsibilities under this article. Such to prohibit waiver or reduction of charges
records shall be made available upon reasonable for initial installation service, reconnec-
notice at the franchisee's local office. With the tion or other service charges that are made
exception of those records contained in the appli- for promotional purposes.
cation submitted under section 30-28(c), such (Ord. No. 88-90, § 23)
records shall not constitute public records.
(Ord. No. 88-90, § 21) Sec. 30-49. Preferential or discriminatory
practices prohibited.
Sec. 30-47. Submission of financial reports.
The franchisee shall not, as to rates, charges,
The franchisee shall submit revenue reports to service facilities, rules, regulations or in any other
the office of the county manager annually, but no respect, make or grant any preference or advan-
later than 60 days from the due date as required tage to any person, nor subject any person to any
by section 30-28(k), including a detailed income prejudice or disadvantage. This provision shall not
CD30:22
CABLE COMMUNICATIONS § 30-51
apply to discounts provided to owners or opera- formation, a franchisee shall pay $50.00 per
tors of multiple-unit dwelling complexes when such day for each day, or part thereof, that each
discounts or contract rates are provided under con- violation occurs or continues;
tract or "bulk bill" agreements. (3) For failure to test, analyze and report on
(Ord. No. 88-90, § 24) the performance of the system following a
written request to do so, a franchisee shall
Sec. 30-50. Rules of franchise. pay $100.00 per day for each day, or part
thereof, that such noncompliance contin-
The franchisee shall have the authority to pro- ues;
mulgate such rules, regulations, terms and con-
(4) For failure to provide in a continuing man-
ditions governing the conduct of his business as
ner the types of services proposed in the
shall be reasonably necessary to enable the fran-
chisee to exercise his rights to perform his obliga- accepted application or renewal proposal,
tions under this article and to assure an uninter- unless the board specifically approves a de-
rupted service to each and all of his customers; lay or change or the franchisee has oh-
provided, however, that such rules, regulations, tained modification of its obligation under
terms and conditions shall not be in conflict with 47 U.S.C. section 545 of the Cable Commu-
nications Policy Act of 1984, a franchisee
the provisions of this article or the franchise agree-
ment and shall be filed with the county. shall pay $500.00 per day for each day, or
(Ord. No. 88-90, § 25) part thereof, that each noncompliance con-
tinues;
Sec. 30-51. Liquidated damages. (5) For failure offranchisee to comply with op-
erational, maintenance, technical standards
(a) Failure to comply with time and perfor- or consumer protection standards, franchi-
mance requirements. By acceptance of any fran- see shall pay $500.00 for each day, or part
chise granted by the county, a franchisee under- thereof, that such noncompliance contin-
stands and shall agree that failure to comply with ues; and
any time and performance requirements as stip- (6) For any other action or nonaction by the
ulated in this article and/or a franchise agree- franchisee, as agreed upon between the
ment will result in damage to the county, and that county and the franchisee, and set forth in
it is and will be impracticable to determine the the franchise agreement.
actual amount of such damage in the event of de-
lay or nonperformance; the franchise agreement Nothing in this section shall preclude further liq-
shall include but not be limited to provisions for uidated damages as agreed upon by the parties in
liquidated damages to be paid by the franchisee, the franchise agreement.
in amounts set forth in the franchise agreement
and chargeable to the performance bond or letter (b) Afotice of intention to assess. If the county
of credit required by section 30-37 for the follow- administrator concludes that a franchisee is lia-
ing concerns: ble for liquidated damages pursuant to this sec-
(1) For failure to complete system construction tion, he shall issue to the franchisee by certified
or reconstruction in accordance with this mail a notice of intention to assess liquidated dam-
article unless the board specifically approves ages. The notice shall set forth the basis of the
the delay by motion or resolution, a fran- assessment, and shall inform the franchisee that
chisee shall pay $500.00 per day for each liquidated damages will be assessed from the date
day, or part thereof, the delinquency con- of the notice unless the assessment notice is apo
tinues; pealed for hearing before the board and the board
rules:
(2) For failure to provide, upon written re-
quest, data, documents, reports, and/or in- (1) That the violation has been corrected; or
Supp. No. 1 CD30:23
§ 30-51 COLLIER COUNTY CODE
(2) That an extension of time or other relief (4) The franchisee fails to commence construc-
should be granted. tion within one year from the effective date
of this article.
A franchisee desiring a hearing before the board (5) The franchisee fails to complete construc-
shall send a written notice of appeal of assess- tion pursuant to the requirements of this
ment of liquidated damages by certified mail to article within the time required by its fran-
the county administrator within ten days of the chise.
date on which the county sent the notice of inten-
(6) The franchisee fails to provide service to its
tion to assess liquidated damages. The hearing on
the franchisee's appeal shall be within 30 days of subscribers as required by the terms of this
the date on which the county receives the written article, the franchise agreement, or the Ca-
notice of appeal. After the hearing, if the board blevision Act of 1984, as amended, which-
sustains in whole or in part the county adminis- ever is stricter.
trator's assessment of liquidated damages, the (b) Right of suspension. The county reserves the
county administrator may at any time thereafter right to suspend any or all of the rights of a fran-
draw upon the performance bond or the letter of chisee upon a finding that the franchisee is failing
credit required by this article. Unless the board to provide efficient service to its subscribers with-
indicates to the contrary, said liquidated damages in the unincorporated areas of the county or for
shall be assessed beginning with the date on which any grounds specified in subsection (a) of this sec-
the county sent the notice of the intention to as- tion. This shall include the right of the county to
sess liquidated damages and continuing thereaf- prohibit further expansion of service areas until
ter until such time as the violation ceases, as de- service in the areas being served is brought up to
termined by the county administrator. minimum acceptable standards.
(Ord. No. 88-90, § 26; Ord. No. 94-12, § 3)
(c) Procedures for termination. The franchise
may be terminated in accordance with the follow-
Sec. 30-52. Termination. ing procedures:
(1) The county administrator shall notify the
(a) Right of termination. The county reserves franchisee in writing of the exact nature of
the right to suspend, terminate and cancel a fran- the alleged violation constituting a ground
chise and all rights and privileges of a franchisee for termination and give the franchisee 30
thereunder after due process as specified by sub- days, or such other greater amount of time
section (c) of this section for just and reasonable
as the county administrator may specify, to
cause or in the event that any one of the following correct such violation or to present facts
occurs: and argument in refutation of the alleged
(1) The franchisee, after 30 days' notice by cer- violation.
tified mail by the county, violates any pro- (2) If within the designated time the franchi-
vision of this article or any rule, order or see does not remedy and/or put an end to
determination of the county made pursu- the alleged violation, the board, after a pub-
ant to this article, except that if such vio- lic hearing, may direct the termination of
lation by the franchisee is without fault or the franchise if it determines that such ac-
through excusable negligence. tion is warranted.
(2) The franchisee becomes insolvent, unable (Ord. No. 88-90, § 27)
or unwilling to pay its debts, or is adjudged
bankrupt. Sec. 30-53. Removal, abandonment and res-
toration of system.
(3) The franchisee attempts to evade any of the
provisions of this article or of the franchise (a) Removal required. Afranchisee shall prompt-
agreement or practices any fraud or deceit ly remove from the streets or public places all
upon the county. port~ons of the system and poles of such system,
Supp. No. 1 CD30:24
CABLE COMMUNICATIONS § 30-54
other than any which the county may permit to be (2) Ifa franchisee fails to properly and prompt-
abandoned in place, in the event any of the fol- ly restore the area, the county, at its elec-
lowing occurs: tion, may restore the area and cause forfei-
(1) In the event that the use of a part of its ture of the permanent performance bond
system is discontinued for any reason for a and, if it is still in effect, forfeiture of the
continuous period of 12 months. construction bond in order to reimburse the
county for any costs and expenses it incurs
(2) In the event such system or property has for restoring the area.
been installed in any street or public place (Ord. No. 88-90, § 28)
without complying with the requirements
of the franchisee's franchise or this article. Sec. 30-54. Public, educational and institu-
(3) In the event that the franchise has been tional services.
terminated, canceled or has expired with- (a) Public service. The franchisee shall provide,
out renewal, assignment or transfer. upon written request by the county, one basic ser-
vice drop for CATV service without installation or
(b) Removal procedures. The franchisee shall monthly Charge to the board of county commis-
promptly, upon being given 30 days' written no-
sion office, public schools, county-owned and 'op-
tice, begin to remove from the streets all property erated emergency medical services stations, fire
and poles of the CATV system other than those
stations, civil defense facilities, satellite govern-
which the county, in its discretion, may permit to
ment services buildings, and the county sheriffs
be abandoned. department; provided, however, that the cost of
the installation of said service drop beyond 150
(c) Abandonment. feet from the distribution line shah be borne by
(1) Any property of the franchisee remaining the appropriate governmental or private body.
in place after the reasonable time limit set
(b) Local government and educational access
by the county, after the termination or ex-
channels.
piration of the franchise, shall be consid- ·
ered permanently abandoned. (1) The franchisee shall make available unlim-
(2) The failure to reclaim property, before it is ited time on at least one channel for local
considered to be permanently abandoned government access at no charge to the coun-
as outlined in this section, shall constitute ty, and the county shall adopt operating
a franchise violation and shall cause forfei- rules for such a channel.
ture of the permanent performance bond (2) The franchisee shall make available at least
and, if it is still in effect, forfeiture of the one channel for the use of state and county
initial construction bond unless the county public educational authorities free of charge.
agrees to accept transfer of ownership of The franchisee shall adopt operating rules
the abandoned property. In that event, the for the educational access channel and shall
franchisee shall submit to the county an file a copy of said rules with the county ad-
instrument in writing, to be approved by ministrator's office.
the county attorney, transferring to the (3) One channel may be designated bythe fran-
county the ownership of such property. chisee for both local government access and
educational access until such time as the
(d) Restoration required. county shall determine that the demand ex-
(1) In the event of such removal as referenced ists for more than one channel. Thereafter,
herein, the franchisee shall promptly re- upon written notice from the county, the
store the street or other area from which franchisee shall comply with the county's
such property was removed to the condition request for additional channels pursuant to
existing prior to the disruption of the street this section.
or other area. (Ord. No. 88-90, § 29)
Supp. No. I CD30:25
§ 30-55 COLLIER COUNTY CODE
Sec. 30-55. Consumer protection provisions. good cause. Service shall be provided to all
interested customers where economically
(a) Definitions. For purposes of this section, the feasible.
following terms and words shall have the mean-
Lug herein unless the context clearly indicates that (2) Termination of services. Upon termination
another meaning is intended. When not inconsis- of service to any subscriber, the franchisee
tent with the context, words used in the present shall promptly remove all portions of its
tense include the future, words in the plural num- system, facilities and equipment from the
ber include the singular number and words in the premises of such subscriber upon his re-
singular number include the plural. quest.
Conditions beyond the control of a franchisee (c) Customer complaints.
shall include (1) hurricanes, floods, windstorms (1) All subscriber complaints regarding quali-
and tornadoes, (2) fires and explosions, (3) van- ty of service, equipment malfunctions and
dalism, sabotage and tampering by subscribers, similar matters shall be acted upon by the
(4) construction cuts and other major damages by franchisee as soon as possible.
others of the cable tr~,nl~ and distribution system, (2) Except where there exists an emergency sit-
(5) transmittal failure by cable programming pro- uation necessitating a more expedited pro-
viders, both broadcast and satellite fed, (6) and
cedure, the franchisee may interrupt ser-
commercial electrical power outages in areas where vice, for the purpose of repair or upgrading
the cable system does not have backup power in-
stalled. of the system, only during periods of mini-
mum use.
Normal operating conditions means those ser- (3) The franchisee shall establish procedures
vice conditions which are within the control of the for receiving, acting upon and resolving sub-
franchisee. Those conditions which are not within scriber complaints. These procedures shall
the control of the franchisee include, but are not be filed with the county administrator. The
limited to, natural disasters, civil disturbances, franchisee shall furnish a notice of such pro-
power outages, telephone network outages, and cedures to each subscriber at the time of
severe or unusual weather conditions. Those con- initial subscription to the system and at
ditions which are ordinarily within the control of least once a year thereafter, which notice
the franchisee include, but are not limited to, spe- shall include complaint telephone numbers
cial promotions, pay-per-view events, rate increas- of the franchisee.
es, regular peak or seasonal demand periods and
maintenance or upgrade of the cable system. (4) The franchisee shall keep a record of and
investigate all written complaints from sub-
Service interruptions means the loss or deteri- scribers. Such records shall identify the sub-
oration of picture or sound of one or more chan- scriber, his address, the nature, location and
nels of a single subscriber, excluding interrup- date of the complaint, and a technician's
tions caused by the program originator. report on the disposition of the complaint.
The county may, during normal business
System interruption means the loss of picture or hours, inspect the subscriber written com-
sound of one or more channels of multiple sub- plaint records of the franchisee which shall
scribers in common system distribution or trunk be kept in the public inspection file.
service area or areas, such as in subdivisions and
neighborhoods. (5) The county administrator is hereby desig-
nated by the county as having primary re-
(b) Service. sponsibility for the continuing administra-
tion of the franchise and implementation of
(1) The franchisee shall not without good cause
fail to provide available service to individ- complaint procedures. .
uals or prospective subscribers, nor shall (6) The franchisee shall within seven days af-
the franchisee terminate service without ter receivingwritten request from the coun-
Supp. No. 1 CD30:26
CABLE COMMUNICATIONS § 30-55
ty, send a written report to the county with (3) After normal business hours as described
respect to any complaint. The report to the above, the access line may be answered by
county shall provide a full explanation of company representatives or a staffed an-
the investigation, findings and corrective swering service, or an automated response
steps taken by the franchisee. system. Inquiries received after normal
(7) In all situations where cable service is dis- business hours must be responded to as pro-
rupted to 500 or more subscribers for a time vided herein.
period greater than four hours due to the (4) Under normal operating conditions, tele-
franchisee's plant equipment failure, the phone answer time by a customer represen~
franchisee shall notify the office of the coun- tatire, including wait time, shall not ex-
ty administrator immediately. ceed 30 seconds when the connection is
(d) Customer's right upon failure of service. made. If the call needs to be transferred,
transfer time shall not exceed 30 seconds.
(1) Efficient repairs and services. Each franchi- These standards shall be met no less than
see shall render efficient service, make 90 percent of the time, under normal oper-
prompt repairs, and interrupt the service ating conditions measured on a quarterly
only for good cause and for the shortest time basis, during normal business hours as de-
possible. fined herein. Quarters shall be defined as
(2) Notification of interruptions. Such interrup- three-month intervals and shall end on De-
tions, insofar as possible, shall be preceded cember 31st, March 31st, June 30th and
by notice and shall occur during periods of September 30th. The franchisee will not be
minimum use of the system. required to acquire equipment or perform
surveys to measure compliance with the
(3) Limitation of failures. The franchisee shall telephone answering standards above un-
limit failure to a minimum by locating and less an historical record of complaints indi-
correcting area service outages promptly, cates a clear failure to comply. An historical
as provided in this section 3-55. records of complaints shall mean a signfl-
a. A complete report may be required by cant increase in complaints as determined
the county for any failure lasting long- by Collier County, compared to the same
er than 48 hours. time periods of previous years, by custom-
(4) Commercial power outages. In the event of ers or property owner associations to Col-
prolonged commercial power outages be- lier County, concerning the franchisee's per-
yond battery capacity, the franchisee will formance under this section. Upon this
maintain the system with portable genera- evidence, besides investigating to deter-
tors at backup power locations to the limits mine compliance, Collier County may also
of the franchisee's equipment availability, request, and the franchisee shall supply,
in local inventory. monthly reports until the customer's com-
plaints subside or the county investigation
(e) Office hours and telephone availability. fails to verify non-compliance.
(1) Each franchisee must maintain local, toll- (5) Each franchisee shall maintain the follow-
free or collect-call telephone access avail- ing telephone statistics and provide a writ-
able to its subscribers 24 hours per day, ten summary report by franchise area which
seven days per week. shall include:
(2) Each franchisee shall have trained compa- a. Number of calls received; and
ny representatives who will be available to b. Number of calls answered within 30
respond to customer telephone inquiries seconds.
during normal business hours which shall
be from 8:30 a.m. to 5:00 p.m. each week- The summary report will be delivered to
day, excluding national holidays. Collier County within 20 days following the
Supp. No. 1 CD30:27
§ 30-55 COLLIER COUNTY CODE
end of the same period the statistics cover. be completed within 20 calendar days
Statistics will be maintained on all tele- and installations requiring a distribu-
phone operation centers. tion line extension will be completed
(6) Under normal operating conditions, the cus- within 30 calendar days after a feasi-
tomer will receive a busy signal (a condi- bility study has been completed by the
franchisee and an agreement has been
tion of all trunks busy) less than three per-
cent of the time. Customers will experience reached between the franchisee and in-
a busy signal not to exceed three percent of tended customer on construction costs,
the time on a cumulative basis on any busi- if any. The time provision shall not ap-
ness day during normal business hours as ply when conditions beyond the control
defined herein. Upon evidence of a signifi- of the franchisee prevent completion of
cant increase in customer complaints or oth- the installations. Such condition shall
er evidence of possible telephone service vi- include inability to obtain permits af-
olations as determined by Collier County, ter application has been made or the
the franchisee shall perform measurements lack of availability of necessary equip-
of compliance if internal equipment has the ment within a reasonable time period.
capability or the franchisee shall request This section does not impose any re-
the local telephone provider to perform tests quirement on the franchisee to serve
to determine compliance or authorize the an area. For each violation of this sec-
local telephone provider to perform tests and tion, the subscriber shall not be charged
compile data at the request of Collier Coun- for the primary outlet installation
ty. In any event, the test times and inter- charge. The primary outlet installa-
vals shall be determined by Collier County. tion charge shall be credited to the sub-
scriber's account within the next bill-
(f) Installations, system and serviceoutages. ing cycle. This penalty shall be
automatically executed by the franchi-
(i) Customer service centers and bill payment see, but shall not apply if the customer
locations will be open at least during nor- refused service that was not at the re-
mal business hours as defined herein and quested service location as agreed. In
will be conveniently located. the latter case, the franchisee shall
(2) Under normal operating conditions, the fol- leave written notice to the subscriber
lowing four standards will be met no less of its effort to provide service.
than 95 percent of the time, measured on a b. Excluding conditions beyond the con-
quarterly basis: trol of the franchisee, the franchisee
a. Standard installations will be per- will make a bona fide effort to correct
formed within six business days after (a) service interruptions no later than
an order has been placed. "Standard within 24 hours after the interruption
installations" are those that are locat- becomes known and (b) system inter-
ed up to 125 feet from the existing dis- ruptions within four hours after the in-
tribution system. This time limit shall terruption becomes known if between
not apply to installations requested in the hours of 6:00 a.m. to 12:00 mid-
advance of more than six business days. night. If a system interruption is re-
In those cases, the applicable time lim- ported after 10:00 p.m., this require-
it shall be the requested date of instal- ment applies beginning at 8:00 a.m. the
lation. For purposes of calculating time, next day. The franchisee must begin ac-
unless otherwise provided herein, said tions to correct other service problems
time shall begin the next business day the next business day after notification
after an order has been placed or upon of the service problem. For each viola-
issuance of a permit, if required. In- tion of this section, each subscriber who
stallations in excess of 125 feet must does not receive service as provided
supp. No. 1 CD30:28
CABLE COMMUNICATIONS § 30-55
herein may request a credit of $10.00 an appointment. The appointment will
per incident in the next billing cycle be rescheduled, as necessary, at a time
but not if (1) the customer refused ser- which is convenient for the customer.
vice, (2) the customer was not at home For each violation of this subsection d.,
or (3) the franchisee determines that each subscriber who does not receive
the request is not a valid one as sup- service as provided herein may request
ported by the service records. In the a credit of $10.00 per incident in the
case of a customer not being at home, next billing cycle but not if (1) the cus-
the franchisee shall leave written no- tomer refused service, (2) the customer
tice to the subscriber of its effort to cor- was not at home or (3) the franchisee
rect service. determines that the request is not a
c. The appointment window alternatives valid one as supported by service
for installations, service calls and oth- records. In the case of a customer not
er installation activities will be either being at home, the franchisee shall
leave a written notice at the subscrib-
a specific time or, at maximum, a four-
er's home of its effort to provide ser-
hour time block (a .m . or p.m.) during vice. However, calls on which subscrib-
normal business hours. (The francbi-
ers were at fault will not be eligible for
see may schedule service calls and oth- this credit as documented in service
er installation activities outside of nor- records.
mal business hours at the express
convenience of the customer.) A fran- (3) If there is evidence of non-compliance with
chisee may not cancel an appointment customer credits as provided in this sec-
with a customer after the close ofbusi- tion, upon request by the county, each fran-
chisee shall provide the county manager's
ness on the business day prior to a
scheduled appointment. For such vio- office a monthly report of non-compliance
lation of this subsection c., each sub- with requirements of this section and re-
scriber who does not receive service as sulting credits. This report shall be provid:
provided herein may request a credit ed to the county manager by the 20th of
of $10.00 per incident in the next bill- each month following the reporting period.
ing cycle but not if (1) the customer
refused service, (2) the customer was (g) Communications between franchisee and
not at home or (3) the franchisee deter- subscribers.
mines that the request is not a valid (1) The franchisee shall provide written infor-
one as supported by service records. In mation on each of the following areas at the
the case of a customer not being at time of installation of service, at least an-
home, the franchisee shall leave a writ- nually to all subscribers, and at any other
ten notice at the subscribers's home of time upon request: (1) product and servic-
its effort to provide service. However, es, (2) prices and options for programming
calls on which subscribers were at fault services and conditions of subscription to
will not be eligible for this credit as programming and other services, (3)instal-
documented in service records. lation and service maintenance policies, (4)
instructions on how to use the cable ser-
d. If a franchisee representative is run- vice, (5) channel positions of programming
ning late for an appointment with a
customer and will not be able to keep carried on the system and (6) billing and
the appointment as scheduled, the cus- complaint procedures, including the address
tomer will be contacted. The franchi- and telephone number of the local fran-
chise authority's cable office.
see will make a bona fide attempt to
reassign the appointment to another (2) Customers will be notified of any changes
agent or employee prior to canceling in rates, programming services or channel
Supp. No. 1 CD30:29
§ 30-55 COLLIER COUNTY CODE
positions, as soon as possible through an- (3) No authorization for procurement or dis-
nouncements on the cable system and in semination of subscriber-identifiable infor-
writing to each customer. Notice must be mation or data shall be valid unless it does
given to subscribers a minimum of 30 days the following:
in advance of such changes if the change is a. Specifies the type or types of informa-
within the control of the franchisee. In ado tion or data covered; and
dition, the franchisee shall notify subscrib-
ers 30 days in advance for any significant b. Identifies the parties authorized to col-
changes in the other information required lect, receive, store, record, transmit or
otherwise convey this information or
in the preceding paragraph. data.
(3) Bills will be clear, concise and understand- All authorizations shall specify the maxi-
able. Bills must be fully itemized, with item- mum period of time that any subscriber-
ization including, but not limited to, basic identifiable information or data shall be pre-
and service tiers and premium service served in any manner or form.
charges and equipment charges. Bills will (4) A written copy of all subscriber-identifiable
also clearly delineate all activity during the information or data which is retained and/
billing period, including optional charges, or disclosed and the disposition of this in-
rebates and credits. formation or data, together with any expla-
nation necessary to make it understandable
(4) In the case of a billing dispute, the franchi- to the subscriber, shall be provided to the
see must respond to a written complaint affected subscriber within 30 days of pro-
from a subscriber within ten days after re- curement except that information which is
ceipt at the local franchisee's office.
necessary for purposes of billing the sub-
scriber or keeping the subscriber informed
(5) Refund checks will be issued promptly, but of programming. Further disclosure shall
no later than either (a) the customer's next be fully detailed in writing to the affected
billing cycle following the resolution of the subscriber within 30 days of such disclo-
request or 30 days, whichever is earlier, or sure.
(b) the date of return of the equipment sup- (i) Miscellaneous.
plied by the franchisee if service is termi-
nated. Credits for service will be issued no (1) The franchisee shall grant pro-rated cred-
later than the customer's next billing cycle its upon request by subscribers experienc-
following the determination that a credit is ing outages for more than 24 hours. The
warranted. credit shall be retroactive to the beginning
of the outage.
(h) Privacy/use of data. (2) Any of the customer service standards may
be waived by the county manager's office
(1) The franchisee shall comply with all feder- for no-competitive (overbuilt) systems of
al and state laws regarding the collection small size if found to be impractical when
and storing of individual subscriber infor- comparing costs versus subscriber benefits.
marion. (i) Interest on subscriber deposits. If and when
the franchisee collects deposits from its subscrib-
(2) The county or the franchisee shall not, with- ers, it shall pay interest at an annual rate equal
out prior valid written authorization from to the legal rate pursuant to Florida Statutes on
each subscriber so affected, provide any data any deposit of $100.00 or more as required of a
identifying subscriber's name or address to subscriber. The franchisee may elect to pay such
any person except as provided by law and interest annually in the form of credits to sub-
pursuant to procedures established by state scriber accounts.
and federal law. (Ord. No. 88-90, § 30; Ord. No. 94-12, § 4)
Supp. No. 1 CD30:30
CABLE COMMUNICATIONS § 30-59
Sec. 30-55.1. Rate regulation. the franchisee shall have the right to modify,
amend, delete or otherwise change any of the pro-
The county may, in its sole discretion, regulate visions of this article to such reasonable extent as
cable television rates pursuant to the provisions may be necessary to carry out the full intent and
of the Federal Cable Act then in effect and the purpose of this article. In the event that the coun-
rules, regulations, and orders of the Federal Com- ty does not make such modification, the franchi-
munications Commission as they may be amend-
see agrees to continue to conform to the provi-
ed or superseded from time to time. sions of this article until such time as it is
(Ord. No. 94-12, § 5) prohibited from doing so by operation of law. The
county and the franchisee may amend the license
Sec. 30-56. General penalties. granted hereunder in the event the county or the
Any person violating any of the provisions of franchisee determines that substantial and mate-
this article, upon conviction thereof, shall be pun- rial compliance with the original terms of this ar-
ished by a fine not exceeding $500.00 for each ticle has been frustrated by any such state, coun-
ty or federal requirement.
offense, or by imprisonment for a term not to ex-
ceed 60 days, or by both such fine or imprison- (Ord. No. 88-90, § 32)
ment within the discretion of the courts.
Sec. 30-58. Personal liability of county offi-
(1) It shall be unlawful for any person to make cials.
any unauthorized connection, whether phys-
ically, electrically, acoustically, inductively Any officer or employee charged with the en-
or otherwise, with any part of a franchised forcement or administration of this article, acting
CATV system within the unincorporated for the applicable governing body in the discharge
area of the county for the purpose of en- of his duties, shall not thereby render himself li-
abling himself or others to receive any tele- able personally; and he is hereby relieved from all
vision signal, radio signal, pictures, pro- personal liability for any damage that may accrue
grams or sound. to persons or property as a result of any act re-
quired or permitted in the discharge of his dutieS.
(2) It shall be unlawful for any person, without Any suit brought against any officer or employee
consent of the owner, to willfully tamper because of such authorized act performed by him
with, remove or vandalize any cables, wire in the enforcement of any provision of this article
or equipment used for the distribution of shall be defended by the county or its representa-
television signals, radio signals, pictures, tives until the final termination of the proceed-
programs or sound. ings.
(Ord. No. 88-90, § 31) (Ord. No. 88-90, § 33)
State law references--Penalty for ordinance violations,
F.S. § 125.69; trespass and larceny with relation to utility
fixtures, F.S. § 812.14; unauthorized reception of cable televi-Sec. 30-59. Review of orders and decisions.
sion services, F.S. § 812.15.
Any person aggrieved by any nonlegislative or-
Sec. 30-57. Subsequent action by state or der or decision of the board shall have the right to
federal authorities. petition the board for a rehearing and reconsider-
ation of any order, regulation or decision. Such
Should the state, the FCC or any other agency petition must be filed within ten days following
of the federal government subsequently require the rendition of such order, regulation or decision.
the franchisee to perform any act which is incon- The effect of the filing of a petition for a rehearing
sistent with any of the provisions of this article or shall operate to stay the order or decision sought
cease to perform any act required by this article, to be reviewed until the petition is disposed of. If
the franchisee shall so notify the county. Upon a petition for rehearing has been denied, such ag-
receipt of such notification, the county shall de- grieved party may have such order or decision
termine if a material provision of this article is reviewed by certiorari to the county circuit court
affected. Upon such determination, the county and or by such other proceedings as may be prescribed
Supp. No. I CD30:31
§ 30-59 COLLIER COLrNTY CODE
by court rules, within 30 days after the disposi- Sec. 30-63. County's right of intervention.
tion of their petition for rehearing. The proceed- The county hereby reserves to itself at its own
ings before the board shall be deemed quasijudi- expense, and the franchisee acknowledges the
cial in nature, and such review shall be limited to
the record made before the board. county's right to intervene in any suit, action or
proceeding involving the franchise granted here-
(Ord. No. 88-90, § 34) under or any provision in this article.
(Ord. No. 88-90, § 38)
Sec. 30-60. Superseding of agreements.
This article will govern all activities of cable
television franchisees in the unincorporated areas
of the county to the extent that such activities
may be regulated. Franchise agreement provi-
sions will govern any activities of the parties not
specifically regulated by this article. In the event
an inconsistency exists between provisions of a
franchise agreement existing prior to the enact-
ment of this article [November 15, 1988] and the
provisions of this article, this article shall control.
(Ord. No. 88-90, § 35)
Sec. 30-61. Amendments.
This article may be amended at any time by a
majority vote of the properly constituted board,
provided that the board shall hold a public hear-
ing for such purpose and afford all interested per-
sons an opportunity to be heard with respect to
such amendment. The county administrator shall
submit notice of the public hearing and proposed
amendments to each franchisee in writing at least
30 days prior to said public hearing. This reser-
vation of authority includes the right to reimpose
rate regulations at such future date as it may be
deemed necessary by the board if current federal
laws allow such regulation.
(Ord. No. 88-90, § 36)
Sec. 30-62. Rights and remedies cumulative.
The rights and remedies set forth in this article
are cumulative and shall be in addition to and not
in derogation of any other rights or remedies which
the parties may have with respect to the subject
matter of this article, and a waiver thereof at any
· time shall not affect any other time.
(Ord. No. 88-90, § 37)
supp. No. 1 CD30:32
ASSIGNMENT
MEDIA ONE ENTERPRISES, INC.
CABLE FRANCHISE AGREEMENT
COLLIER COUNTY TO THE CITY OF MARCO ISLAND
· Collier County ("The County") and MediaOne Enterprises, Inc. (the
, "Franchisee") entered into a Cable Television Franchise Agreement ("the
Original Agreement") effective on August 5, 1997. A copy of that Original
Agreement is attached hereto as Exhibit "A". Since the inception of the
Original Agreement, the City of Marco Island ("the City") has been
incorporated.
The County desires to assign to the City that part of the original
franchised area served by the Original Agreement, that is now within the
City ("Marco Island Franchise Area") at which time the City will stand in
the shoes of the County as to all geographic areas within the Marco Island
Franchise Area to which the Original Agreement now applies. The City and
the Franchisee hereby accept the Assignment. This Assignment operates as
a complete novation between the County and the City as to the area being
assigned. The County has no secondary liability to the City or to the
Franchisee under the Original Agreement being assigned. This Assignment
does not affect any geographic area except the Marco Island Franchise Area.
Except as expressly amended below, the Original Agreement is and shall be
unaffected by this Assignment. The effective date of this Assignment shall
be when this Agreement is signed by the last party to sign, which is
execution by the ~_~.,,,....~; on the/,P day of
1999. f ' ~ ~/--. '
The Original Agreement is written from the perspective of the County
and the Franchisee. Because the City's position vis-a-vis the Franchisee is
not in every respect identical to the County's perspective, the Original
Agreement now being assigned is amended as follows:
1. Section 2 is amended to add a new definition. "City" shall
mean "the City of Marco Island." Except in Definitions 2.16
and 2.19 and in Section 12: throughout the Franchise the words
"County" or "Grantor" shall mean "City"; and "County's" shall
mean "City's." In Definition 2.9: "County Commission" shall
mean "the City Council." In Section 2.15 the words "... within
the County..." shall mean "... within the Grantee's franchise
area as franchised by the City...".
2. Section 3 (Franchise Territory): the words "... described as
Collier County..." are amended to read: "... described as all
geographic areas within the municipal boundaries of the
City...' '.
3. Section 4.3 is amended to read: This Franchise expires at
midnight on August 5, 2012.
4. In Section 6: All references to "administration" refer to
administration by the City.
5. In subsection 9.1: "County Commission" shall mean "City
Council ."
6. Section 12.1.2 of the Original Agreement does not apply to the
City. The Franchisee's obligations to the County under Section
3 1 and Section 12 shall continue to apply as if the City has not
been incorporated and there has been no Assignment. The
County and the City are free to negotiate between themselves
as to the County making accommodations to the City with
regard to shared use of access channels. The Franchisee by
executing this assigmnent, has no obligations to the City with
respect to Public, Educational, or Governmental Access
Channels. The Franchisee will cooperate with regard to such
accommodations but assumes no specific additional obligations
thereto to either the County or the City.
7. Add to Section 19 (Address): "If to the City:
City Manager
950 North Collier Boulevard, Suite 308
Marco Island, Florida 34145"
2
8. In subsection 32.1: after "fourth anniversary" insert ("August
5, 2001").
9. EFFECT OF ASSIGNMENT OF THIS FRANCHISE
AGREEMENT. Attached to this Assignment as Exhibit "B",
and made a part hereof, is a true copy of Chapter 30 of the
Collier County Code of Laws and Ordinances (the same being
Collier County Ordinance No. 88-90), as amended on the
effective date of this Assignment. Until midnight on August 5,
2012, the City shall administer this Franchise in accordance
with the now existing text of that Ordinance. No text in the
Ordinance (Exhibit B, attached) shall be changed by the City
without the prior expressed written agreement of the
Franchisee EXCEPT to the extent, if any, that changes to that
Ordinance are hereafter mandated by application of future
changes to controlling law of the United States or of the State
of Florida. The City has adopted City Ordinance No. 98-11,
which shall not apply to this Franchise, as assigned, except to
the extent, if any, that the Franchisee may hereafter expressly
agree in writing to having that Ordinance, as may then be
amended, apply to the Franchisee.
10. FRANCHISE FEES. The Franchisee pays franchise fees
quarterly. In February of 1999, the County will receive the
franchise fees for the fourth quarter of 1998. Not later than
thirty (30) days of its receipt of those fees from the Franchisee,
the County will remit to the City all applicable franchise fees
for the geographic area in the City covered by this Franchise,
as assigned, remitted to the County for service from November
3, 1998 through December 31, 1998. For service rendered in
that franchised area commencing on January 1, 1999, the
Franchisee shall remit those franchise fees and all subsequent
franchisee fees directly to the City.
11. CHANGE IN MUNICIPAL BOUNDARIES. If the City
should expand its municipal boundaries, the area included with
the City's then changed municipal boundaries shall be covered
by the City's Franchise Agreement (now being assigned), and
all such added area, by inclusion into the City's Agreement,
shall thereby automatically and concurrently be excluded from
the County's Franchise Agreement with the Franchisee. In the
event the City should delete area from within its municipal
boundaries, all such deleted area shall thereby automatically
and concurrently be excluded from the City's Franchise
Agreement (now being assigned) and shall concurrently and
automatically be included into the County's then existing
Franchise Agreement with the Franchisee.
12. DISSOLUTION OF THE CITY. If the City should be
dissolved (Section 165.051, F.S., et sec.) before August 6,
2012, (see paragraph 3 above) the Franchise (now being
assigned) shall thereby automatically dissolve and all
geographic areas then covered by the City's Franchise
Agreement shall automatically and concurrently revert to and
be included within the County's then existing Franchise
Agreement with the Franchisee.
13. This Assignment shall not be amended except by written
agreement executed by the City, the County, and the then
Franchisee.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'Dwight E. Brock, Clerk '
~ ~ S. Mac'Kie, Cha o~man
Approved as to form
and legal sufficiency
Thomas C. Palmer
Assistant County Attorney
4
ACKNOWLEDGMENT FOR COLLIER COUNTY
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Assignment was acknowledged before me this/27",6 day of
.~_,4'rvzi r-/ ,1999, by Pamela S. Mac'Kie, Chairwoman of the Board of County
!
Commissioners of Collier County. She is personally known to me.
vthiLic '
Print Name: [~.: ~..~ ~ ~ # {~ m0~
Serial No.: ...............
My Commission expires:
5
ATTEST: CITY OF MARCO ISLAND, A FLORIDA
By: ~. , , ,, MUNICIPAL CORPORATION
David Brandt, Chairman
Approved as to form
and legal sufficiency
Kenneth B. Cuyler/
City Attorney
ACKNOWLEDGMENT FOR THE CITY OF MARCO ISLAND .
T e foregoing Assignment was acknowledged before me this/~, 0~day of
r~l~&~ ,1999, by David Brandt, as Chairman ofth~ City of Marco Island. He
~s personall~nown to me.
NOTARY'~U~Lr(5
My Commission expires:
6
ATTEST: MediaOne Enterprises, Inc.
Wimess ~ "
Senior Vice President
Witness
ACKNOWLEDGMENT FOR MEDIAONE ENTERPRISES, INC.
The foregoing Assignment was acknowledged before me this /c9 day of
Fe 19 & 0 ~9 p, xJ ,1999, by Kenneth D. Denman, Senior Vice President of MediaOne
Enterprises, Ind., a Delaware Corporation, who is personally known to me.
NOT~Y PUBLIC
' ~ OFFICIAL NOTARY SEAL
Print Name: C~i ,L-; ~vt~ s c~o~:viNs
N~ARY P~LIC ~ATE OF ~ DA
OR
COMMaION NO. CC7~2
SePal Nod MY COMMISSION ~P. J~. 14,2~
My Commission expires:
-end-
7
ASSIGNMENT
MEDIA ONE ENTERPRISES, INC.
CABLE FRANCHISE AGREEMENT COLLIER COUNTY
TO THE CITY OF MARCO ISLAND
EXHIBIT "A"
State of Florida - Co!lier~CoUnty :'
CABLE TELEVISION FRANCHISE AGREEMENT
This Cable Television Franchise Agreement entered into this 29m day of July, 1997 by
and between Collier County, a political subdivision of the State of Florida and MediaOne
Enterprises, Inc., a Rhode Island Corporation, hereinafier referred to as "Grantee".
WITNESSETH:
WHEREAS, the County of Collier, hereinafter referred to as "County" or "Grantor",
desires to assure the widespread availability of Cable Services within the County to promote
commerce and otherwise further the public interest;
WHEREAS, the County is the owner of certain public Rights-of-Way
WHEREAS, the County has, following reasonable notice, and after consideration,
analysis and deliberation conducted full public proceedings, during which proceedings the
technical ability, financial condition, legal qualification and general character of Grantee were
detennined acceptable to receive a renewal of its franchise;
WHEREAS, Grantee is currently furnishing Cable Service in the County pursuant to
three franchises that expire August 6, 1997, August 20, 1997 and May 13, 2006, and Grantee
desires to replace these existing franchises and from this point forward to be recognized as one
(1) franchise with an expiration date of 15 years from date of acceptance by Grantee.
WHEREAS, certain provisions contained in Chapter 30 of the Collier County Code (the
Master Ordinance) should be waived in renewing these franchises;
WHEREAS, the County has also considered and analyzed the plans of Grantee for the
construction and operation of its Cable System and found the same to be adequate and feasible in
view of the needs and requirements of the area to be served by the respective Cable System;
WHEREAS, the County has determined that it is in the best interest of and consistent
with the public convenience and necessity of its residents to grant a franchise to Grantee to
operate a Cable System within the specified franchise area within Collier County and on the
terms and conditions hereina~er set forth; and,
VatEREAS; Grantee desires to construct and operate a Cable System consisting of fiber
optic, coaxial and multi-pair cables along portions of the County's right-of-way.
07/29/97 I
WItEREAS, Pursuant to the procedures in the Cable Act, Section 166.046,Florida
Statute, and Chapter 30 § 28(0(1) of the Collier County Code, the Grantor has held a public
hearing where the following issues related to granting a cable television franchise to Grantee
were considered: (i) the economic impact upon private property within the County; (ii) the public
need for such franchise; (iii) the capacity of public Rights-of-Way to accommodate the cable
system; (iv) the present and future use of the public Rights-of-Way to be used by the cable
system; (v) the potential disruption to existing users of the public fights-of-way to be used by the
cable system and the resultant inconvenience which may occur to the public; (vi) the financial
ability of the franchise applicant to perform; (vii) the experience of the applicant in the erection,
operation and maintenance of a CATV system, (viii) technical quality and completeness of the
proposed plan for operation of the cable system, (ix) the legal, character, financial, technical and
other qualifications necessary to construct, own and operate a cable television system, and (x)
other societal interests as are generally considered in cable television franchising. The Grantor
has determined that the Grantee has provided Cable Service under the three current franchises in
a satisfactory fashion justifying renewal of such franchises. The Grantor has determined to
renew a cable television franchise to MediaOne Enterprises, Inc. on the terms and conditions set
forth in this Agreement.
NOW, THEREFORE, the parties agree as follows:
Section 1. Findings
The aforestated recitals are incorporated in their entirety herein.
Section 2. Definitions
For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, and words in a
particular gender shall include each of the other gender. The words "shall" and "must" are
always mandatory and not merely directory.
2.1 "Access" shall mean the availability of the Cable System for use by various local
governmental agencies, including the County and the County's schools to acquire, create
and distribute programming not under the Grantee's editorial control, including:
2.1.1 "Educational Access" shall mean access where schools are the primary or
designated programmers or users having editorial control over their programming;
2.1.2 "Governmental Access" shall mean access where governmental institutions or
their designees are the primary or designated programmers or users having
editorial control over their programming;
07/29/97 2
2.2 "Affiliate," when used in relation to any person, shall mean another person who
owns or controls, is owned or controlled by, or is under common ownership or
control with, such person.
2.3 "Basic Cable Service" or "Basic Service" shall mean any service tier which
includes the retransmission of local television broadcast signals and access
channels. This definition shall be deemed to change consistent with any changes
in the definition of this term by the Federal Communications Commission.
2.4 "Cable Operator" shall mean any person or group of persons:
a) who provides Cable Service over a Cable System and directly or through one
or more affiliates owns a significant interest in such Cable System, or
b) who otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System under a Franchise with
Collier County.
2.5 "Cable Service" shall mean:
a) the one-way transmission to Subscribers of (a) video programming, or (b)
other programming services, and,
b) subscriber interaction, if any, which is required for the selection or use of such
video programming or other programming services.
2.6 "Cable System" means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service which includes video programming and
which is provided to multiple subscribers within a community, but such term does not
include: a) a facility that serves only to retransmit the television signals of 1 or more
television broadcast stations; b) a facility that serves subscribers without using any
Rights-of-Way; c) a facility of a common carrier which is subject, in whole or in part, to
the provisions of The Communications Act of 1934, as amended, except that such
facility shall be considered a Cable System (other than for purposes of Section 621 (c))
to the extent such facility is used in the transmission of video programming directly to
Subscribers.
2.7 "Channel" shall mean a 6 MHz band of analog frequencies, or future encoding
standard, in the electromagnetic spectrum (or any other means of transmission, including
but not limited to optical fibers, which is capable of carrying the equivalent signal or
signals), and includes uses of all or any portion of such band of ~:equencies for digital
video/television signals.
07/29/97 3
2.8 "County" shall mean the Collier County, Florida, or the area within the present county
limits or as such limits may be changed.
2.9 "County Commission" shall mean the Board of County Commissioners of Collier
County, Florida.
2.10 "Customer Service Standards" shall mean those standards adopted by the FCC and the
County (to the extent not inconsistent with those of the FCC), which govern the manner
in which Grantee interacts with the public and its customers.
2.11 "FCC" shall mean the Federal Communications Commission or any successor agency.
2.12 "Franchise" shall mean an initial authorization, or renewal thereof, (including a renewal
of an authorization which has bccn granted subject to 47 U.S.C.§ 546 ), issued by the
County, whether such authorization is designated as a Franchise, permit, license,
resolution, contract, certificate, agreement, or otherwise, which authorizes the
construction or operation of a Cable System but neither supersedes nor takes the place of
any license, license fee or permit authorization which might otherwise be required for the
privilege of transacting business within the County.
2.13 "Franchise Fee" shall mean an annual fee of five percent (5%) of Grantee's Gross
Revenues paid for the use and occupation of the County's Rights-of-Way and for other
purposes.
2.14 "Grantee" or "Franchisee" or "Company" shall mean the person, firm, or
corporation to whom a Franchise, as herein above defined, is granted by the County and
any lawful successor, transferce or assignee of said person, finn, or corporation.
2.15 "Gross Revenues" shall mean all revenues collected by the Grantee directly or indirectly
~om the sale of cable television video or audio programming services, video tech
services, and video games provided by Grantee within the County, specifically derived
~'om Subscribers located within the County.
a) Such revenues include, but are not limited to Cable Service fees charged for: 1) any
video and / or audio program service; 2) installation, disconnection, reconnection
or service maintenance agreements; 3) equipment rental; 4) Access or leased video
channels; 5) advertising sold by the Grantee, either directly or indirectly, and 6)
home shopping services.
The sum of the aforementioned Section 2.15A shall be the basis for calculating the
Franchise Fee imposed pursuant to Section 6 herein.
07/29/97 4
b) Such revenues do not include those derived from: 1) Other Communication
Services; 2) signal carriage (e.g. marketing co-op dollars, launch dollars and
retransmission) agreements; 3) refunds: 4) bad debt; 5) equipment deposits (e.g.
customer terminal devices); 6) any sales, excise or other tax collected by
Grantee on behalf of any governmental unit; 7) reimbursements for expenses
(e.g., retumed check fees and copy expenses); 8) items excluded by Local, State
or Federal Law; or 9) local TV production and / or related program revenue.
2.16 "Institutional Network or I-Net" shall mean a communication network for the
provision of video services, voice transmissions and data transmissions which is available
only to Collier County owned facilities and not for residential cable Subscribers.
2.17 "Other Communications Service" shall mean information audio, video, data,
telephony, Internet access, text service, electronic communication (e-mail), or any other
lawful service that Cable Operator makes available for purchase by Subscribers,
2.18 "Person" shall mean an individual, partnership, association, limited liability company,
joint stock company, trust, corporation, or governmental entity,
2.19 "Public Buildings" shall mean publicly supported K-12 schools, Federal, State, County,
government owned or leased buildings or parts of buildings which are occupied by
County employees for the sole use of conducting County Business,
2.20 "Educational, or Governmental Access Facilities" shall mean a channel capacity
designated for educational or government use.
2.21 "Public Way" or "Rights-Of-Way" shall include the surface, the air space above the
surface, and the area below the surface of any public street, avenues, highway, lane,
path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, squares,
viaducts, waterways, greenways, utility easements, and other public property now or
hereafter held by the County or the State which shall entitle the County and the Grantee
to the use thereof for the purpose of installing and maintaining the Grantee's Cable
System. No reference herein, or in any ~:anchise, to the "public way" shall be deemed
to be a representation or guarantee by the County that its title to any property is
sufficient to permit its use for such purpose, and the Grantee shall, by its use of such
terms, be deemed to gain only such rights to use property in the County as the County
may have the undisputed fight and power to give or as granted by Federal or State Law.
2.22 "Reasonable Notification" shall mean fourteen (14) business days for all non financial
related matters and thirty (30) business days for financial matters.
2.23 "Subscriber" shall mean any person or entity lawfully receiving any portion of the
Cable Service of Grantee pursuant to this Franchise.
07/29/97 5
2.24 "Service Tier" shall mean a category of Cable Service or Other Communications
services provided by a Cable Operator and for which a separate rate is charged by the
Cable Operator.
Section 3. Franchise Territory
The non-exclusive cable television franchise granted under this Section shall include the
geographic area described as Collier County, and the specific Public Ways necessary to serve
such areas.
Section 4. Nature and Terms of Grant
4.1 Grantor does hereby convey to the Grantee a non-exclusive franchise to construct and
operate a Cable System, using owned and / or leased facilities, which may be located in
the County Rights-of-Way.
4.2 Notwithstanding, Section 4.1, Grantee may, in its sole discretion, elect to lease, for
example, fiber optic, coaxial and multi-pair cable and other cable communication
facilities or program services from other County franchised providers of Cable Service to
support the operation of its Cable System.
4.3 Notwithstanding the requirements of current Collier County Code, Section 30-28 (g), the
franchise granted herein shall run for a term of fifteen (15) years commencing upon
acceptance by Grantee. The renewal application submitted with a $5,000 check meets
any and all financial obligations to satisfy Grantor's renewal process of this Franchise
Agreement.
4.4 Public Rights-of-Way use conditions.
4.4.1 All facilities shall be constructed, installed and located in accordance with the
following terms and conditions:
4.4.2 The Grantor requires, at no cost to the County, the Grantee to locate its cable
television facilities when the Grantor intends to conduct excavation projects. The
Grantor shall be responsible for damage to cable television facilities caused by the
negligent or intentional acts of its employees or agents.
4.4.3 The Grantor reserves the right, upon reasonable notice, to require the Grantee at
its expense to protect, support, temporarily disconnect, relocate or remove from
the County's Rights-of-Way or streets, any property of the Grantee by reason of
traffic conditions, public safety, street construction, real or planned excavation,
change or establishment of street grade, installation or planned installation of
07/29/97 6
sewers, drains, water pipes, power and / or communication lines, tracts, or other
types of structure or improvements by governmental agencies or any other
structures proposed for public improvement. Reasonable notice for this provision
shall be in writing and shall be delivered to the Grantee at least nineW (90) days
prior to the commencement of initial excavation, except in the case of
emergencies where no specific notice period shall be required. The Grantor shall
endeavor to notify and seek comment from the Grantee with respect to
minimizing disruption to the Cable System, where public works projects may
affect the Grantee's Cable System.
4.4.4 Whenever a public way exists to accommodate the Grantee's system, the Grantee
shall not locate its facilities off the Right-of-Way and shall make every effort to
locate its telecommunications facilities within the public way before seeking
private easements within the County. The Grantee, at no cost to the County or the
State, shall relocate its facilities and appliances which are in conflict with County
projects to upgrade or construct roadways.
4.4.5 The Grantee shall locate, place and construct its telecommunications facilities so
as not to unreasonably or intentionally interfere with the construction, location
and maintenance of sewer and / or water mains, lines, or connections. The
Grantee shall take appropriate preventative measures to protect existing facilities
within the Rights-of-Way.
4.4.6 Grantee shah restore and replace landscaped areas, pavement, pedestrian
lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee
and or its contractors with like material to their former condition at the
Grantee's expense, and shall thereafter, from time to time, but no longer than
one (1) year from the completion of the job, readjust, fill and finish the same as
may be necessary due to settling of the earth associated with the Grantee's
disruption of the Public Way.
4.4.7 The Grantee shall adhere to all Federal, State and Local Laws, rules and
regulations regarding the location, construction, and maintenance of its Cable
System facilities within the Rights-of-Way.
4.5 All franchisees are required to obtain construction permits for cable system facilities to
be installed in Rights-of-Way.
4.6 The Grantee shall, subject to commercial practicability, make its cable television services
available to any customer within its service area who shall request such service, without
discrimination as to the terms, conditions, rates or charges for Grantee's services;
provided, however, that nothing in this Section shall prohibit a franchisee from
making reasonable classifications among differently situated customer groups.
The Grantee reserves the right to deny new service or to terminate current service to
07/29/97 7
customers who obtain the service in manners not authorized by the Grantee, who
have a history of multiple failures to make timely payments.
4.7 The Grantee shall make its Cable Service available to Subscribers in the County at rates
that comply with FCC guidelines.
4.8 Interconnection of Cable Systems
4.8.1 The Grantee shall have the capability to be interconnected with other adjacent
Cable Systems. At a minimum, the Cable System shall be capable of
interconnecting government access channel (s) programming to other adjacent
Cable Systems.
4.8.2 The Grantor may request the Grantee to negotiate interconnection of the
government access channels (s) with other adjacent Cable Systems in the general
area.
4.8.3 Grantee shall comply with State and Federal Law regarding interconnection of its
facilities with other Cable Systems.
Section 5. Customer Service Standards
County has determined that it is in the best interest of its residents and consistent with the public
convenience and necessity to adopt Customer Service Standards for the provision of Cable
Service by the Grantee. The Grantee shall operate its Cable System in a manner consistent with
the County's Consumer Protection Provisions, current Collier County Code, Chapter 30 § 55,
to the extent that such provisions are not inconsistent with those of the FCC.
Section 6. Compensation, Auditing and Other Payments
6.1 Grantee shall pay the County throughout the term of this Franchise, as compensatiort, an
annual Franchise Fee of five percent (5%) oft he Grantee's Gross Revenues.
6.2 All such payments of Franchise Fees shall be made payable to the Office of Franchise
Administration quarterly in accordance with current Collier County Code, Chapter 30-
28(k)(2), for the preceding period payable within sixty (60) calendar days after the end of
the calendar quarter for which the payment is made. Franchise Fee payments shall be
accompanied by a quarterly report itemizing and setting forth the revenues / receipts and
showing the calculation of the payment due for the preceding period.
6.3 The payment of the Franchise Fee by the Grantee is for the right to construct and operate
its Cable System, as defined herein, within the Grantor's Rights-of-Way and is in lieu of
a Rights-of-Way use or encroachment fee.
07/29/97 8
6.4 The Grantor, on an annual basis, shall be fumished a statement within ninety (90) days of
the close of the calendar year, certified by an official of the ~'anchisee responsible for the
Cable System's financial statements, reflecting the total amounts of Gross Revenues as
defined herein, and all payments, and computations for the previous calendar year. Upon
ten (10) days prior written notice, the Grantor shall have the right to conduct an
independent audit of Grantee's records. The Grantor shall have the right to audit a
Grantee's fiscal and financial records, and to recompute any amounts that are payable
under Section 6 by the Grantee for a period of twenty-four (24) months after receipt
thereof, after which payments shall be final. Any additional amounts due the Grantor as a
result of the audit shall be paid within sixty (60) days following written notice to the
Grantee by the Grantor of the underpayment, which notice shall include a copy of the
audit. If, after resolving any dispute arising from such audit, Grantee has made a
Franchise Fee underpayment often percent (10%) or more, the Grantee shall assume all
reasonable costs of such audit. In other events, the Grantor shall bear all costs and fees
associated with any such audit.
6.5 All Grantee's books and records concerning its Gross Revenues and its calculation of
payments to the Grantor, shall be available for inspection by an appropriate officer of the
Grantor, or its designee, at reasonable times to determine the amount of compensation
due to the Grantor from Grantee under this Franchise. Such records shall be kept so as to
accurately show the same. Grantee shall prepare and make available to the Grantor at
times reasonably requested by the Grantor and in the form prescribed by the Grantor after
consultation with the Grantee, such reports with respect to its Cable System and the Gross
Revenues derived therefrom, as the Grantor may deem reasonably necessary or
appropriate.
6.6 In the event Grantee makes an under payment or in the event Grantee fails to make any
payment on or before the date it is due, Grantee shah pay interest at a rate of one percent
(1%) per month on any such under payment and/or late payment. Interest shall not
accrue, with respect to under payments, until such time that the Grantee is notified about
any alleged underpayment by the Grantor.
6.7 Consistent with federal requirements, the Grantee shall file no less frequently than
annually any tariffs, amendments, or modifications affecting the sale of its services and
subscriber terminal equipment and shall provide written notification to the Grantor within
thirty (30) days of any proposed changes. The Grantee shall also make available to the
Grantor copies of all filings, reports and petitions to local, state, or federal regulatory
agencies.
07/29/97 9
Section 7. Franchise - Not Exclusive
This Franchise shall be non exclusive. The Grantor reserves the fight to grant franchises to other
persons at any time or to contract with any other person for the use of the County Rights-of Way
or property for the operation of other Cable Systems.
If Grantor grants or modifies any overlapping cable television service franchise within its
jurisdiction and the terms and conditions imposed therein are less burdensome or more favorable
than those required in any existing franchise, the Grantor shall concurrently modify all
applicable existing franchise obligations to reflect such less burdensome or more favorable terms
and conditions in the franchised geographic area.
Section 8. No-Waiver
8.1 The failure of the Grantor, upon one or more occasions, to exercise a right or to require
compliance or performance under this Franchise or any other applicable law shall not be
deemed to constitute a waiver of such fight or a waiver of compliance or performance,
unless such fight has been specifically waived in writing.
8.2 Waiver of a breach of this Franchise or any section of Chapter 30 of the current
Collier County Code shall not be a waiver of any other breach. Neither the grant
of this Franchise nor any provision herein shall constitute a waiver or bar to the
exercise of any governmental right or power of the County.
Section 9. Regulation
9.1 The County Commission shall be vested with the power and authority to reasonably
regulate the exercise of the privileges permitted by this Franchise in the public interest.
Any failure by the Grantor to promptly enforce compliance with this Franchise in
accordance with Federal, State and Local laws and ordinances shall not relieve Grantee of
its obligation to comply with any provision of this Franchise.
9.2 The Grantee's rights, without limitation upon the County's regulatory authority, pursuant
to the Communications Act of 1934, as amended, or any other subsequent Federal or
State Law, shall not be abrogated or otherwise limited.
9.3 Following reasonable notice, the County reserves the right to inspect the installation and '
maintenance of the Cable System.
9.4 The Grantee shall comply with all Federal, State and Local regulations, applicable to its
Cable System, such as the National Electrical Code, National Electrical Safety Code,
Fiber Optic Cable Installation Specifications, 1987 (Telecommunication Industry
07/29/97 10
Committee), traffic safety / lane closure rules and construction requirements promulgated
by the County.
Section 10. Cable System Design and Construction
10.1 Grantee recognizes and hereby agrees to commit itself to compliance with all aspects of'
the Social Contract and the Social Contract Amendment. Grantor recognizes and accepts
that Grantee will upgrade its Cable System in compliance with the Social Contract and
the Social Contract Amendment, in all areas of the County where it is economically
feasible.
10.2 The Grantee shall make available for the Grantor' s inspection all hybrid fiber
coaxial (HFC) system design maps for Grantor's review. Said review will
take place on the premise of Grantee' s place of business located within the
County.
10.3 The Grantee agrees to satisfy all FCC technical requirements obligated for a cable
system.
Section 11. Continuing Tests
11.1 The Grantee shall perform all tests necessary to demonstrate compliance with the
requirements 47 CFR 76 subpart K. All tests shall be conducted in accordance with the
FCC's rules.
11.2 All construction maps will be made available for the review of the Grantor no less than
ten (10) days prior to the commencement date of the upgrade. Said review will take
place on the premises of Grantee's place of business located within the County. "As
built" maps are considered proprietary and shall be made available to the County upon
written request pursuant to an appropriate request for confidential treatment. Such maps
should designate the location of Grantee' s facilities.
Section 12. Government Access Provisions
12.1 The Grantee shall set aside a total of two (2) channels of its transmission capacity for
government access on the residential distribution system. The first of the two (2) channels
is currently available. The second of the two (2) channels will be made available to the
Grantor immediately upon its technical feasibility on, or before September 30, 1999,
whichever comes first. The County is obligated to arrange with the Collier County Public
School System, and the Collier County Public School System only, for sharing the
channel (s).
07/29/97
12.1.1 The Grantor agrees to provide programming on the first ofthc two (2)
channels to utilize formats limited to beta, ~ inch, digital technology or
formats generally considered to be technologically more advanced.
Specifically, the Grantor agrees to cease utilizing ~ inch tape format (s)
effective July l, 1998, as a format from which programming will be
cablecast.
12.1.2 The Grantee agrees to pay the Grantor a one-time donation of
$145,000.00 for the sole purpose of purchasing television production
related equipment to be used at the sole discretion of the Grantor. The
Grantor agrees to provide and be responsible for all necessary
maintenance personnel, at its expense, to acquire and produce
programming through the use of such facilities. The Grantee will have no
responsibility for maintaining or securing equipment owned or operated
by the Grantor or the Collier County Public School System.
12.1.3 Government access programming for the first of the two (2) channels will
be made available immediately by the Grantor pursuant to Section 12.1.
12.1.4 The Grantee shall provide, without charge to the Grantor, signal
transportation for the first of two (2) govemment access channels and
shall be provided without charge to the Grantor from the point of
origination (currently Third Floor, CoiHer County Administration
Building, 3301East Tamiami Trail, Naples, Florida) to the Grantee's
interconnection hub site located on Bonita Grand Road at the northwest
comer of Exit 18 of Interstate 75 for distribution on the Grantee's Cable
System originating from the interconnection hub site.
12.1.5 Government access signal transportation for the second government
access channel will be at the sole cost (to construct and maintain) and
expense of the Grantor from the point oforigination to the Grantee's
prescribed interconnection hub site for distribution on the Cable System
to Collier County Subscribers. Should the Grantor successfully
negotiate with the Collier County Public School System (and the Collier
County Public School System only) for the use of any of the lngtruetional
Television Fixed Service (ITFS) channels. Grantee agrees to contribute
a one-time contribution of $3,125.00 per ITFS to go towards the
Grantor's expense (s) related to the installation and maintenance of said
Instructional Television Fixed Service (ITFS) directing Grantor's
(transmit) signal to Grantee's (receive) designated ITFS receive location
located on Bonita Grand Road at the northwest corner of Exit 18 of
Interstate 75. The total of such contributions is subject to a maximum of
$25,000 during the term of this Franchise Agreement. In the event the
Grantor makes use of the Instructional Television Fixed Service (1TFS)
07/29/97 12
technology, Grantor is responsible for all maintenance related to
delivering and maintaining adequate signal quality to the Grantee's
interconnection hub site location.
12.1.6 The Grantor shall be responsible for all programming cablecast on said
channel (s).
12.1.7 The Grantee shall not be responsible for programming cablecast on said
channel (s).
12.2 The parties agree that any cost to the Grantee associated with providing these
govemment access channel (s) and / or related services, facilities, and equipment
under this Franchise, including without limitation, the amounts set forth herein
are not part of the Franchise Fee, and fall within one or more of the exceptions to
47 U.S.C § 542.
Section 13. Institutional Network Provisions
13.1 The Grantor and the Grantee recognize that a closed loop fiber optic Institutional
Network allowing for govemmental, non-commercial communications by and
between the Grantor's owned or leased facilities may be desirable. When Grantee
begins its rebuild process in the County, written notification of this rebuild
process will be provided to the Grantor. The Grantor will have ninety (90) days
.from the date of rebuild notification to confirm Grantor's interest to either lease or
purchase fiber facilities from Grantee. Grantor and Grantee recognize that the
ninety (90) day period of time is a finn window of oppommity for Grantor to
pursue an Institutional Network and must provide all necessary documentation to
Grantee required by Grantee to proceed with the project so Grantee may begin to
administer the Institutional Network project on behalf of the Grantor. Should the
Grantor, at its sole discretion, elect to purchase said fibers, Grantor will reimburse
Grantee for all expenses (labor and material) incurred for the placement and
subsequent maintenance of said fibers at an amount not to exceed the amount
permissible by the Federal Communication Commission (FCC). Grantor is
responsible for mapping, designing and technical specifications as well as
material specifications of Grantor' s said Institutional Network needs. In the event the
Grantor, at its sole option, elects to lease up to two (2) fibers, Grantee agrees to lease said
fibers at terms and conditions acceptable to both Grantee, and Grantor. The construction
and maintenance or lease of the Institutional Network will be governed by a separate
contract to be negotiated in good faith between the Grantee and Grantor upon notification
from the Grantor that it plans to proceed with the project and has developed plans for
utilization of the Institutional Network.
07/29/97 13
13.2 Grantee agrees to work in a cooperative fashion with Grantor and its agents
while the Grantor designs and selects components necessary to implement its
applications relative to the Institutional Network and, if Grantor request,
Grantee shall furnish terminal equipment at Grantee's cost, provided that the
Grantee is reimbursed by the Grantor for said expenses at an amount not to
exceed the amount permissible by the Federal Communications Commission
cc).
13.3 The parties acknowledge that the agreement regarding usage of the Institutional
Network is subject to all Local, State, and Federal Law. To the extent permitted by law,
the Grantor or public agency agrees to indemnify and hold harmless the Grantee from and
against any and all claims, damages, liabilities, costs and expenses, including reasonable
attorney's fees and costs directly related to the material under the Grantor's or public
agency user's exclusive control carded on the Institutional Network, including but not
limited to, copyfight infringement, libel, slander, defamation, patent trademark, or
invasion or privacy claims.
Section 14. Assignment
14.1 This Franchise or control thereof shall not be transferred or assigned without the prior
written approval of the Franchise Authority, which approval shall not be arbitrarily or
unreasonably withheld or delayed.
14.2 For purpose of this Section, a transfer or assignment of this Franchise or control
thereof between commonly controlled entities, between affiliated companies or
between parent and subsidiary corporation shall not constitute a transfer or assignment.
Control shall mean majority (over 30%) voting control of the Franchisee. An affiliated
company is one that directly or indirectly or through one or more intermediaries, controls,
is controlled by or is under common control with another person or entity.
Section 15. Remedies
15.1 In addition to any other rights set out elsewhere in this Franchise, and
subject herein, the Grantor reserves the right to declare a forfeiture of this
Franchise, and all of Grantee's rights arising hereunder, in the event that:
15.1.1 The Grantee is found by a court of competent jurisdiction to have violated any
material provision of this Franchise; or
15.1.2 The Grantee is fotmci by a court of competent jurisdiction to have practiced
any fraud or deceit upon the Grantor.
07/29/97 14
15.2 The Grantor shall give Grantee thirty (30) days written notice of its intent to exemise its
rights under this Section, stating the reasons for such action. If Grantee cures the
problem within the thirty (30) days notice period, or if the Grantee initiates substantial
effort to remedy the stated problem and the efforts continue in good faith, then the
Grantor shall not have the right to declare a forfeiture of the Franchise. If Grantee fails to
cure the stated violation within the thirty (30) days notice period, or if the Grantee does
not undertake efforts satisfactory to the Grantor to remedy the stated violation, then the
Grantor, upon reasonable notice, may impose any or all of the remedies available herein.
Section 16. Expiration and Renewal
Renewal of this Franchise shall be governed by applicable State and Federal Law.
Section 17. Confidential Information
Grantee may identify information, such as trade secrets, submitted to the Grantor as confidential.
Grantee shall prominently mark any information for which it claims confidentiality with the
word "Confidential" in letters at least one-half (¼) inch in height, prior to submitting such
information to the Grantor. Grantee may request the Grantor treat records containing trade
secrets or proprietary information as confidential under The Florida Public Records Law. To the
extent authorized by The Public Records Law and other applicable State and Federal law, the
Grantor shall maintain the confidentiality of information designated "proprietary" by the
Grantee. Should the Grantor receive a request to review Grantee's records or books under the
Florida Public Records Law, it will promptly notify Grantee and provide an oppommity for
Grantee to raise an objection, demonstrate why the requested information is proprietary and, if
necessary, seek a court order to protect its proprietary information.
Section 18. Forum for Litigation
Any litigation between the Grantor and Grantee arising under or regarding this Franchise shall
occur, if in the state courts, in the Collier County Court having jurisdiction thereof, or if in the
federal courts, in the United States District Court for the Southem District of Florida.
Section 19. Notice
Any notice provided for under this Franchise shall be sufficient if in writing and delivered
personally to the following addressee or deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed as follows, or to such other address as the
receiving party hereafter shall specify in writing:
If to the County: County Administrator
Collier County
3301 Tamiami Trail East
Naples, F134112
07/29/97 15
With a copy to: Franchise Administrator
Collier County
3301 Tamiami Trail East
Naples, FI 34112
If to the Grantee: Vice President
MediaOne
301 Tower Road
Naples, FL 34113
With a copy to: Senior Vice President
Southeast Region
MediaOne
7800 Belfort Parkway
Jacksonville, FL 32256
Section 20. Severability
If any section, subsection, sentence, clause, phrase, or other portion of this Franchise is, for any
reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect.
Section 21. Non-Discrimination
The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color,
creed, national origin, or religion.
Section 22. Non-Divestiture
This Franchise shall not divest the County of any right or interest in the Rights-of-Way.
Section 23. Financial Stability
Grantee will provide Grantor, on an annual basis, a current financial annual report and FORM
10oK to satisfy requirements of Grantee's credit worthiness.
Section 24. Remedies - Cumulative
All remedies provided under this Franchise Agreement or Chapter 30 of the current Collier
County Code shall be cumulative, unless otherwise expressly stated. The exercise of one remedy
07/29/97 16
shall not foreclose use of another, nor shall it relieve the Grantee of its obligations to comply
with the Franchise. Remedies may be used singly or in combination; in addition, the Cotmty may
exercise any rights it then has under applicable law.
Section 25. Books and Records - Inspection
The Grantor may inspect the books, records, maps, plans, and other documents, including
financial documents, in the control or possession of the Grantee: (1) to enforce the Grantor's
rights or assess compliance with the Franchise and applicable law; (2) in the exercise of any
lawful regulatory power; or (3) as may be convenient in connection with any proceeding the
Grantor may or must conduct under applicable law with respect to Grantee's Cable System. The
material may be duplicated at a County facility unless the County agrees to inspection and
copying at some other place. Material that the Grantor requires Grantee to produce under this
Section shall be produced upon reasonable notice, no later than 30 days after the request for
production. Requests for extensions of time to respond shall not be unreasonably denied.
Grantee may request that the County treat records containing trade secrets or proprietary
information as confidential under the Florida Public Records Law. To the extent authorized by
the Public Records Law and other applicable State and Federal Law, the Grantor shall maintain
the confidentiality of information designated "proprietary" by the Grantee. Should the Grantor
receive a request to review Grantee's records or books under the Florida Public Records Law, it
will promptly notify Grantee and provide an opportunity for Grantee to raise an objection,
demonstrate why the requested information is proprietary and, if necessary, seek a court order to
protect its proprietary information.
Section 26. Books and Records - Reports and Responses to Questions
26.1 Grantee shall provide the following reports to Grantor:
26.1.1 A quarterly Franchise Fee report listing revenues received, by category, in a form
similar to attached Exhibit A;
26.1.2 Grantee shall file with the Grantor any notice of deficiency, forfeiture, or other
document issued by any state or federal agency which has instituted any
investigation or civil or criminal proceeding naming the cable system, the
Grantee, or any operator of the Cable System, to the extent the same may affect or
bear on the operations of the Grantee's Cable System.
26.1.3 The Grantee shall file with the Grantor any request for protection under
Bankruptcy laws, or any judgment related to a declaration of bankruptcy by the
Grantee, any affiliate which controls or manages the Grantee, or any operator of
the Cable System.
07/29/97 17
Section 27. Books and Records - Maintenance
In addition to reports required by this Franchise, the Grantee shall maintain records of FCC proof
of performance.
Section 28. Inspection of Plant
The Grantor may inspect the Grantee's Cable System during construction, and anytime thereafter
upon reasonable notice to the Grantee. If, based on subscriber complaints or its own
investigation, the Grantor believes that the Cable System may not be operating in compliance
with the Franchise Agreement or applicable Federal roles, it may require Grantee to perform
tests, prepare a report and present to the Grantor the results of those tests. The Grantee shall
report each deficiency and take prompt action to remedy it.
Section 29. Insurance
29.1 Within thirty (30) days after the effective date of the Franchise, Grantee shall provide
proof of the required insurance. The Grantee shall maintain this insurance throughout
the franchise term. Insurance shall include in amounts not less than those provided by
Chapter 30 § 36 of the current Collier County Code.
29.2 The insurance coverage obtained by this Grantee in compliance within this Section
shall be approved by the County's Risk Management Office and certificates of
insurance shall be filed with the County.
Section 30. Emergency Alert
The Grantee shall install and maintain an emergency alert system [EAS] pursuant to FCC's rules
and regulations and the Florida Emergency Alert System Plan.
Section 31. Service to Public Buildings
Grantee shall, upon request, provide service to public buildings located within one hundred fifb7
feet C150' ") of Grantee's existing distribution system; provided, however, that if adequate
underground conduit is provided by the requesting public agency, Grantee shall, upon request,
provide service to public buildings within two hundred fifty feet ( "250' ") of Grantee's
distribution system. All charges for installation and provision of Cable Services and Other
Communications Services to such public buildings shall be at Grantee's current rate; however,
any Public Building account being provided free service as of the execution date of this
Franchise Agreement shall continue to receive such free service during the term of this
Agreement. Any services which are provided without charge to any Public Building, neither the
Grantor nor any other person may resell such services. Notwithstanding any arrangement to the
contrary under former franchises, the Grantor shall pay the Grantee's current rate for Cable
Service and Other Communications Services used by the Grantee as well as all other charges and
07/29/97 18
non-recurring charges for installation and other serviceable facilities associated with Cable
Service.
Section 32. Four Year Review: Performance Monitoring
32.1 During the years which commence on the fourth anniversary or any multiple thereafter, of
the effective date of the Franchise, the Grantor may commence a review of Grantee's
performance under the Franchise. As part of this review, the County may consider:
a) whether the Grantee has complied with its obligations under the Franchise and
applicable law;
b) whether customer service standards, technical standards, or bond or security
fund requirements are adequate or excessive; and,
c) other issues as may be raised by the Grantee, the Grantor, or the public.
32.2 The Grantor may conduct public hearings to provide the Grantee and the public the
opportunity to comment on the Grantee's performance and other issues considered as part
of the four-year review.
32.3 Any revisions to this Franchise Agreement which either the Grantor or the Grantee
wishes to make as a result of these reviews shall be proposed under the procedures
established herein.
32.4 Periodic Evaluation, Review and Modification.
32.4.1 The Grantor and Grantee acknowledge and agree that the field of cable television
is a relatively new and rapidly changing one which may see many regulatory,
technical, financial, marketing and legal changes during the term of this
Franchise. Therefore, in order to provide for the maximum degree of flexibility in
this franchise, and to help achieve a continued, advanced and modern Cable
System, the following evaluation and review provisions will apply:
a) The Grantor may, upon thirty (30) days notice, request evaluation and review
sessions at any time during the term of this Agreement and Grantee shall
cooperate in such review and evaluation; provided, however, there shall not be
more than one (1) evaluation and review session during any four (4) year
period.
b) Topics which may be discussed at any evaluation and review session include,
but are not limited to, rates, channel capacity, the system performance,
07/29/97 19
programming, educational and govemment access, municipal uses of cable,
subscriber complaints, judicial rulings, FCC rulings and any other topics the
Grantor or Grantee may deem relevant.
c) During an evaluation and review session, Grantee shall cooperate fully with
the Grantor and shall provide without cost such reasonable information and
documents as the Grantor may request to perform the evaluation and review.
d) As a result of an evaluation and review session, the Grantor or Grantee may
determine that a change to the system or in the terms of the Franchise may be
appropriate. In that event, either the Grantor or Grantee may propose
modifications to the system or the Franchise. Grantee and the Grantor shall,
in good faith, review the terms of the proposed change or any proposed
amendment to this Franchise and seek to reach agreement on such change or
amendment.
32.4.2 The Grantor and Grantee shall act in good faith during such negotiations and
shall be obligated to agree to the reasonable requests of the other party
changes in the system or amendment to the Franchise when the change or
amendment is not inconsistent with the other terms of the Franchise, or with
applicable law or regulations, and the change or amendment is technically
feasible, economically reasonable and will not result in a material alteration
of the rights and duties of the parties under the Franchise.
Section 33. Conflict with Current Collier County Code
33.1 The provisions of the current Collier Cotmty Code, are hereby incorporated
herein by reference as if set out in full, and form part of the terms and conditions
of this Agreement. In the event of any conflict between the terms and conditions
of this Franchise and the provisions of the current Collier County Code, the terms
of this Franchise shall prevail.
33.2 The Grantor has examined the current Collier County Code and finds certain
provisions unnecessary in view of the renewal status of the three franchises.
Therefore, the Grantor elects to waive the applicability to Grantee during the term
of this franchise of the sections: ( a )Sec. 30-42 (f); ( b )Sec. 30-54: ( e )Sec.
30-61.
Section 34. Reservation of Rights
Grantor and Grantee reserve all rights that they may possess under the law unless expressly
waived herein.
07/29/97 20
Section 35. Acceptance of Franchise
Within thirty (30) calendar days following the grant of this Franchise, the Grantee shall file with
the Grantor payment, if applicable, relating to Section 12.1.2 required herein, together with a
certificate of insurance required herein. The Grantee shall state that it agrees to be bound by and
to comply with all requirements pursuant to the provisions of this Franchise. Such accepmce
and agreement shall be acknowledged by the Grantee before a notary public, and shall in form
and content be approved by the County Attorney.
Section 36. Grant
This non-exclusive Franchise is granted by the County to MediaOne Enterprises, Inc., pursuant
and subject to the conditions and requirements provided by Chapter 30 of the Collier County
Code and applicable Federal, State and Local laws, roles and conditions. This Franchise bestows
upon Grantee the authority to construct, maintain and operate a cable system, utilizing the
Rights-Of-Way, to offer Cable Service and Other Communications Services within the County.
Section 37: Effective Date
This Franchise Agreement shall take effect immediately upon adoption. Passed and adopted on
this 4~ = 1997.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight.E. Brock COLLIER COUNTY, FLORIDA
07/29/97 21
ACKNOWLEDGEMENT:
MediaOne Enterprises, Inc., hereby agrees to be bound by and to comply with all requirements
pursuant to the provisions of this Franchise Agreement.
By: /~~d~~ ~
H. W. Goodall
Senior Vice President ~/ot/~
ATTEST
corp-seal
State of Florida )
County of Collier )
The foregoing Franchise Agreement was acknowledged before me this 29~daZ,',~Ju!34,
,Zi".{6,' (.,c!TZ,/:rcc , who produced a Florida D~ver's License #
as identification.
Approved as to form and
legal sufficiency:
By: ~'~~,~ f. V~
Thomas C. Pahner
Assistant County Attorney
07/29/97 22
Exhibit A
Monthly Franchise Fee Reporting Schedule
Cable Operator Date: / /__
Address
Contact Person
Title Accounting Department Phone
Subscriber Detail
1.1 Basic I Average Subscription Units
1.2 Basic Service Rate
1.3 CPST Average Sub.Units
1.4 CPST II Rate
1.5 Premium Service Average Units
1.6 Premium Service Rate
1.7 Disney Service Average Units
1.8 Disney Service Rate
1.9 Installation Average Completions
1.10 Installation Average Rate
1.11 Complimentary Accounts
1.12
Penetration Statistics
2.1 Total Homes Passed
2.2 Basic I Penetration Units
2.3 CPST Penetration Units
2.4 Premium Service Penetration %-age
2.5 Disney Service Penetration %-age
2.6 Chum: Average %-age
Gross Revenue Detail Itemization
Code Revenue
3.0 Cable Television
3.1 BasicI
3.2 CPST
3.3 Premium
3.4 Showtime
3.5 HBO
3.6 Disney
3.7 The Movie Channel
07/29/97 23
ASSIGNMENT
MEDIA ONE ENTERPRISES, INC.
CABLE FRANCHISE AGREEMENT COLLIER COUNTY
TO THE CITY OF MARCO ISLAND
EXHIBIT "B"
Chapter 30
CABLE COMMUNICATIONS*
Article I. In General
Secs. 30-1--30-25. Reserved.
Article II. CATV Franchises
Sec. 30-26. Title and purpose.
Sec. 30-27. Definitions.
Sec. 30-28. Franchising provisions.
Sec. 30-29. Rights.
Sec. 30-30. Initial performance guarantee.
Sec. 30-31. Rights to use streets not warranted.
Sec. 30-32. Other agreements, permit and easement requirements.
Sec. 30-33. No property rights conveyed.
Sec. 30-34. Jurisdiction of other regulatory bodies or agencies.
Sec. 30-35, Liability, indemnification.
Sec. 30-36. Insurance.
Sec. 30-37. Bonding requirements.
Sec. 30-38. FCC petition and license.
Sec. 30-39. Compliance with applicable laws and ordinances.
Sec. 30-40. Signal quality requirements.
Sec. 30-41. Service requirements.
Sec. 30-42. Cable system construction.
Sec. 30-43. New developments.
Sec. 30-44. Areawide interconnection of cable systems.
Sec. 30-45. Local office; operations.
Sec. 30-46. Access to records.
Sec. 30-47. Submission of financial reports.
Sec. 30-48. Rate schedule.
Sec. 30-49. Preferential or discriminatory practices prohibited.
Sec. 30-50. Rules of franchise.
Sec. 30-51. Liquidated damages.
Sec. 30-52. Termination.
.Sec. 30-53. Removal, abandonment and restoration of system.
Sec. 30-54. Public, educational and institutional services.
Sec. 30-55. Consumer protection provisions.
Sec. 30-55.1. Rate regulation.
Sec. 30-56. General penalties.
Sec. 30-57. Subsequent action by state or federal authorities.
Sec. 30-58. Personal liability of county officials.
Sec. 30-59. Review of orders and decisions.
Sec. 30-60. Superseding of agreements.
Sec. 30-61. Amendments.
Sec. 30-62. Rights and remedies cumulative.
Sec. 30-63. County's fight of intervention.
*Cross reference---Businesses, ch. 26.
State law references--Authority to regulate businesses, F.S. § 125.01(1)(h); cable television franchises, F.S. § 166.046; theft of
cable ser~ices, F.S. § 812.14 et seq.
Supp. No. 1 CD30:i
CABLE COMMUNICATIONS § 30-27
ARTICLE I. IN GENERAL Basic service means any tier of service which
includes retransmission of local television broad-
Secs. 30-1--30-25. Reserved. cast signals and the public, educational and gov-
ernmental access channels.
Channel means a signaling path or portion of
ARTICLE II. CATV FRANCHISES the electromagnetic frequency spectrum which is
used in a cable system and which is capable of
Sec. 30-26. Title and purpose. delivering a television channel as defined by the
commission (FCC) by regulation.
(a) Short title. This article shall be known and
may be cited as the "Collier County Cable Televi- Commercial use (lease) channel means a video
sion Franchise Ordinance." and/or audio or data channel which the franchisee
may make available on terms for commercial use
(b) Purpose. This article is enacted under the by persons unaffiliated with the franchisee for the
home rule power of the county for the purpose of
purpose of transmitting programming, providing
providing necessary regulations, conditions and services, or exchanging information.
provisions which shall apply:
(1) To the granting, issuance and renewal of Community antenna television system, cable tele-
nonexclusive franchises for the installa- vision communication system and CATV means:
tion, operation, use and maintenance of ca- (1) For the purpose of this article, these are
ble television communication systems with- synonymous terms, describing a system
in the unincorporated limits of the county. which may employ antennae, microwave,
(2) To provide reasonable and suitable protec- wires, wave-guides, coaxial cables, fiber op-
tion and control over the use of county- tics or other conductors, equipment or fa-
owned easements and rights-of-way by ca- cilities, designed, constructed or used for
ble television franchisees; all in the interest the purpose of:
of the public health, safety and welfare of a. Collecting and amplifying local and dis-
the citizens and inhabitants of the county. tant broadcast television or radio sig-
(Ord. No. 88-90, § 1) nals and distributing and transmitting
them;
Sec. 30-27. Definitions. b. Transmitting original cablecast pro-
gramming not received from television
The following words, terms and phrases, when broadcast signals;
used in this article, shall have the meanings as-
cribed to them in this section, except where the c. Transmitting television pictures, file
context clearly indicates a different meaning: and videotape programs, not received
through broadcast television channels,
Access channel means a channel dedicated in whether or not encoded or processed to
whole or in part to local programming which is permit reception by only selected re-
not originated by a cable company and shall in- ceivers; or
clude facilities and equipment, which the licensee d. Transmitting and receiving all other
shall make available without charge to the board signals, including digital, voice and au-
of county commissioners and county school board dio-visual;
for the purpose of transmitting programming by
the public, as well as governmental and educa- provided, however, that any of the services
tional agencies. permitted hereunder to be performed, de-
scribed in this subsection, shall be those
Audio channel means a band of frequencies in performed by or through the franchisee for
the electromagnetic spectrum which is capable of subscribers in the operation of a cable tele-
carrying one audio signal. vision system franchised by the county.
Supp. No. I CD30:3
§ 3o-27 COLLIER COLrNTY CODE
(2) Such term does not include: county pursuant to the Communications Act of
a. A facility or combination of facilities 1934, as amended, and all applicable FCC regu-
that serves only to retransmit the tele- lations.
vision signals of one or more television Franchise means the nonexclusive initial autho-
broadcast stations; rization or renewal thereof granted by the county
b. A facility or combination of facilities to construct, install, operate and maintain a CATV
that serves only subscribers in one or system upon the streets, public ways and rights-
more multiple-unit dwellings under of-way within a specifically designated franchise
common ownership, control, or man- area of the county, whether such franchise is des-
agement unless such facility or facili- ignated as a franchise, permit, license, resolution,
ties use any public right-of-way or util- contract, certificate, agreement, or otherwise.
ity easement;
Franchisee means the person granted a CATV
c. A facility of a common carrier, except franchise or anyone who succeeds the person in
that such facility shall be considered a accordance with the provisions of this article, or
cable system to the extent such facility anyone who holds a franchise granted by the coun-
is used in the transmission of video pro- ty prior to enactment of this article.
gramming directly to subscribers;
d. Any facilities of any electric utility used Gross revenues includes, but is not limited to,
solely for operating its electric utility monthly fees charged subscribers for basic ser-
system. vice; monthly fees charged subscribers for any pre-
mium service; installation and converting leasing
Converter means an electronic device which con- fees or charges; advertising revenues; administra-
verts signals not susceptible to reception by the rive fees from delinquent subscribers and/or de-
television receiver of the subscriber to a signal linquent advertiser accounts; dishonored check
which is susceptible of reception, and by an ap- charges; capital reimbursements from subscrib-
propriate channel selector also permits the sub- ers; promotional fees from program suppliers; tow-
scriber to view all signals delivered at designated er rentals; fees for collection of state sales tax;
dial locations. and Home Shopping Network commissions; pro-
vided, however, the board of county commission-
County means Collier County, Florida. ers specifically reserves the right to amend this
definition from time to time to account for chang-
County administrator means the county admin- es in technology. Gross revenues shall not include
istrator of Collier County, Florida, or his designee, any taxes on services furnished by the franchisee
or any successor to the powers of the county man- which are imposed upon any subscriber or user by
ager. the state, county, or other governmental unit and
collected by the franchisee on behalf of said gov-
County attorney means the county attorney of ernmental unit. The franchise fee is not such a
Collier County, Florida, or his designee, or any tax.
successor to the powers of the county attorney.
Institutional cable means the communications
Data channel means a band of frequencies in network constructed or operated by the cable com-
the electromagnetic spectrum which is capable of pany and which is generally available only to sub-
carrying one data signal. scribers who are not residential subscribers.
FCC means the Federal Communications Com- Local origination programming means program-
mission, or its designee, or any successor to the ming that is either produced by the franchisee or
powers of the FCC. is obtained from another source for transmission
on the franchisee's local origination channels.
FCC approval means any necessary authoriza-
tion by the FCC to operate a CATV system in the May is permissive.
· Supp. No. 1 CD30:4
CABLE COMMUNICATIONS § 30-28
Pay television means the delivery over the' com- Service means any subscriber service, whether
munity antenna television system ofvideo signals or not originated by the franchisee, which is
in intelligible form to subscribers for a fee or distributed over the franchisee's distribution sys-
charge (over and above the charge for basic or tern on any charmel.
tiered service) on a per-program, per-channel or
other subscription basis. Shall and will are mandatory, not merely direc-
tive.
Person means any individual, partnership, joint Signal means any transmission of radio fre-
venture, association, joint stock company, trust, quency energy or of optical information.
firm, corporation, club, society, governmental en-
tity, or other legally recognized entity, whether for Subscriber means any person or entity receiv-
profit or not for profit, or any lawful successor, ing for any purpose any service provided by the
transferee or assignee of said entity. cable operator.
(Ord. No. 88-90, § 2; Ord. No. 94-12, § 1)
Property offranchisee means all property owned, Cross reference-Definitions generally. § 1-2.
installed, or used by a franchisee in the conduct of
a CATV business in the county under the author- Sec. 30-28. Franchising provisions.
ity of a franchise granted pursuant to this article,
or pursuant to a franchise agreement. (a) Required. Any individual, partnership, cor-
poration or other entity desiring to install and/or
Public notice means publication of notice of the operate any cable television system in the unin-
time, place and purpose of a hearing at least twice corporated area of the county shall apply to the
in a newspaper of general circulation in the board for a franchise pursuant to this article.
county, with the first publication not less than 14 (1) The issuance of a franchise pursuant to
days prior to the hearing and the second to be not this article shall allow the franchisee to
less than five days prior to the hearing. install, construct, maintain and operate a
CATV system in accordance with the addi-
Public school me~n-~ any institution of the county tional requirements of this article through-
public school system, or any duly state-accredited out the area which is described in the
local college or university, within the unincorpo- franchise agreement and for which ap-
rated areas of the county. proval has been received.
Public street means the surface of and the space (2) Prior to any installation or construction,
above and below any street, terrace, avenue, road, the franchisee shall apply to the county for
highway, freeway, bridge, land, path, alley, court, a permit, granting the privilege to install,
sidew~ll% parkway, drive, boulevard, or other construct, maintain and operate a CATV
public way, now laid out or dedicated, and all system under the jurisdiction of the county
extensions thereof and all additions thereto, within in accordance with such rules and regula-
the unincorporated areas of the county and sub- tions as shall be recommended by the county
ject to the control of the county. engineer and approved by the board.
Public works administrator means the public (3) It shall be a violation of this article to
commence or engage in the construction,
works administrator of the county, or his desig- operation or maintenance of a cable system
nee, or any successor to the powers of the public in the county without first having obtained
works administrator.
a cable franchise awarded by the board of
Residential subscriber means a subscriber who county commissioners.
receives any cable television service in an individ- (b) Award. Nonexclusive franchises may be
ual dwelling unit or multiple dwelling where the awarded by the board of county commissioners for
service is not to be utilized in counection with a all or any portion of the county to applicants upon
business, trade or profession. a finding that such award is consistent with the
Supp. No. 4 CD30:5
§ 30-28 COLLIER COUNTY CODE
public interest, furthers the goal of providing fiscal years immediately preceding the
efficient CATV service to all residents of the date of the application hereunder, or a
unincorporated areas of the county, and does not letter or other acceptable evidence in
result in material abuse of county streets, or writing from a responsible lending in-
easements or rights-of-way, and after consider- stitution or funding source, addressed
ation of the factors referred to in subsection (D(1) to both the applicant and the county,
of this section. The county shall adopt by resolu- setting forth a clear statement of its
tion such application forms and other administra- intent as a lending institution or fund-
tive procedures are deemed necessary and desir- ing source to provide whatever capital
able for efficient administration of this article. shall be required by the applicant to
construct and operate the proposed sys-
(c) Applicationprocedure; information required. tem in the county; or if the corporate or
All applications to construct, operate or maintain business entity organiza. tion of the ap-
any CATV system in the unincorporated areas or plicant has not been in existence for a
to traverse any portion of those areas for the full five years, the applicant shall sub-
transmitting or conveying of such service else- mit an audited financial statement for
where shall be filed with the board or such office the period of its existence or other
of the county as the board may designate by documentation required by the county.
resolution; and each such application shall set e. A detailed description of all previous
forth, contain, or be accompanied by the follow- experience of the applicant in provid-
Lug: ing CATV services or related or similar
(1) The name, address and telephone number services, which includes a statement
of the applicant. identifying, by place and date, any
other cable television franchise awarded
(2) A detailed statement of the corporate or to the applicant, its parent or subsid-
other business entity organization of the iary; the status of said franchise with
applicant, including but not limited to the respect to completion thereof; the total
following: cost of completion of such systems; and
a. The names, business addresses, state the amount of the applicant's and its
of residence and country of citizenship parent's or subsidiary's resources com-
of all general partners and corporate mitted to the completion thereof.
officers of the applicant. (3) A detailed financial plan (pro forma) de-
b. The names, business addresses, state scribing, for each year of the franchise,
of residence and country of citizenship projected number of subscribers, rates, all
of all persons and entities having, con- revenues, operating expenses, capital ex-
trolling, or being entitled to have or penditures, depreciation schedules, income
control 15 percent or more of the own- statements, and statement of sources and
ership of the applicant and the respec- uses of funds. If applicant submits a de-
tive ownership share of each such per- tailed financial plan for a period of less
son or entity. than the requested term of the franchise,
c. The names and addresses of any par- the county may award a franchise to appli-
ent or subsidiary of the applicant and cant but for a period of time equal to the
of any other business entity owning or number of years or portion thereof, re-
controlling in whole or in part or owned ~ected in the financial plan.
or controlled in whole or in part by the (4) A detailed description of the proposed plan
applicant. of operation of the applicant, which shall
d. A detailed and complete financial state- include but not be limited to the following:
ment of the applicant, prepared by a a. A detailed map indicating all areas
certified public accountant, for the five proposed to be served, a proposed time
Supp. No. 4 CD30:6
CABLE COMMUNICATIONS § 30-28
schedule for the installation of all equip- for the use of any facilities of the public
ment necessary to become operational utility, including but not limited to poles,
throughout the entire area to be served; lines or conduits.
and the projected total cost for construc- (8) True and exact copies, if filed, of the last
tion of the system. and most current FCC Cable TV Informa-
b. A statement or schedule setting forth tion Report and FCC Form 325 as submit-
all proposed classifications of rates and ted to the FCC.
charges to be made against subscribers
(9) Any other reasonable information which
and all rates and charges as to each of
could materially affect the granting of the
any said classifications, including but
franchise and which is requested by the
not limited to installation charges, ser-
vice charges, and special, extraordi- county.
nary or other charges requested by the (10) For applicants in existence for less than
county. The purchase price, terms and three years, except for subsidiaries or affil-
nature of any optional or required equip- iates of existing cable companies, the county
ment, device or other thing(s) to be in its discretion may agree to accept other
offered for sale to any subscriber shall information in lieu of the items reflected in
be described and explained in detail. this paragraph, provided it is acting rea-
c. A detailed statement describing the sonably and is satisfied that the applicant
has materially complied with the require-
technical design proposed, the actual
equipment, and the operational and merits of this section.
technical standards proposed by the
applicant. In addition, applicant shall (d) Fee.
submit to the county an affidavit or (1) Each original or transfer application sub-
letter from a qualified engineer accept- mitted for a franchise under the provisions
able to both parties with experience in of this article shall be accompanied by 'a
the cable industry which letter states nonrefundable application fee in the mount
that the proposed system will ade- of $10,000.00, to offset the reasonable cost
quately provide CATV service to the of processing and evaluating said applica-
proposed service area and that the tion for conformity with the provisions and
applicant's construction projection costs conditions of this article, including but not
are reasonable. limited to the payment of consultants' fees;
(5) A copy of the form of any form of any provided, however, that the board reserves
agreement, understanding or other instru- the fight to require reimbursement to the
ment proposed to be entered into between county of all costs of processing and evalu-
the applicant and any subscriber. ating any application, in excess of
$10,000.00, if such costs are determined by
(6) A detailed statement setting forth in its the board by resolution to be necessary for
entirety any and all agreements and under- the proper evaluation of such application.
standings, whether formal or informal, writ- Each renewal application submitted for a
ten, oral or implied, existing or proposed to franchise under the provisions of this arti-
exist between the applicant and any person cle shall be accompanied by a non-refund-
which may affect control or operation of the able application fee in the amount of
system contrary to this article, as amended, $5,000.00 to offset the reasonable costs of
or a franchise agreement. processing and evaluating said application,
(7) A copy of any executed agreement covering provided, however, if such costs exceed
the franchise area, if existing between the $5,000.00, then the franchise holder shall
applicant and any public utility, providing be responsible for any additional costs.
Supp. No. 4 CD30:7
§ 30-28 COLLIER COUNTY CODE
(2) Each franchise holder filing an application ' notice of consideration of a CATV fran-
for expansion of its designated franchise chise. Said notice shall name the applicant,
area shall pay the sum of $5,000.00 as is describe the proposed service area, invite
required by subsection (1) of this subsec- the filing of an application under the pro-
tion (d). Upon board approval or denial of visions of this article by all persons inter-
the expansion, the county shall refund to ested in establishing a CATV system in the
the franchisee anyportion of the expansion proposed service area, invite objections to
application fee which is not used by the the establishment of a CATV system in the
county for the review of the expansion proposed service area from existing CATV
application. systems and the general public and set a
(3) Any applicant who has had a franchise time and date certain, within at least 25
approved by the county and then declared business days from the date of the first
null and void or revoked by a court may not publication of the notice, for a public hear-
be required to pay an application fee, un- ing on all applications filed for the estab-
less the board determines that the county lishment of a CATV system in said pro-
will incur actual expenses including but posed service area and for all objections to
the establishment of such CATV system.
not limited to consulting fees to review a
Any written reports, studies or materials to
new application. be considered by the board of county com-
(e) Public hearing on applications. Upon re- missioners at the public hearing must be
ceipt of an application for a franchise submitted submitted to the county administrator's
under the provisions of this article and within 90 office within 15 days from the date of the
days, or such extended period of time as the board first publication of notice of the public
may approve upon request by the administrator, hearing.
the county administrator shah review the applio (2) The initial application and all subsequent
cation for sufficiency and compliance with subsec- applications received prior to the public
tion (c) of this section. If the county administrator hearing shall be a matter of public record.
finds that the application is incomplete, he shall Any application may be amended in writ-
return it to the applicant with a letter describing ing at any time prior to the date of the
any and all insufficiencies found in the applica- public hearing. No amendments to filed
tion. The applicant may then reapply for a fran- applications, oral or written, and no new
chise upon correcting the deficiencies noted by the applications shall be received after the time
county manager. Upon receipt of the revised and and date set for the public hearing or a
amended application, the county administrator continued public hearing, unless amend-
shall review the application within a 90-day pe- ments to the application are requested by
riod or such extended period of time as the board the county. The public hearing may be
may approve upon request by the county man- continued from time to time and from place
ager. Upon review and after finding that the
to place as determined to be necessary by
application is complete and in compliance with the board.
subsection (c), the county administrator shall
make a recommendation to the board regarding (~ Issuance of franchise.
the award of a franchise to the applicant and shall (1) The board may issue one or more non-
forward said application to the board for publica- exclusive franchises from the applications
tion of a notice in accordance with subsection (1) filed and considered at a public hearing.
of this subsection (e). The board shall, prior to an issuance of a
(1) Upon receipt of an application for a fran- franchise, consider the information and cri-
chise and after review by the county admin- teria required by this article and any other
istrator, the board shall publish once a information it deems appropriate in mak-
week for three consecutive weeks in a pa- ing a determination to issue a franchise.
per of general circulation in the county a During the public hearing or a continued
Supp. No. 4 CD30:8
CABLE COMMUNICATIONS § 30-28
public hearing the board of county commis- rent operator's franchise, the county may
sioners shall also consider, investigate and impose such conditions as it deems neces-
make findings regarding the following: sary and proper.
a. The economic impact upon private prop- (3) The board of county commissioners has the
erty within the franchise area; authority to retain an expert or consultant
b. The public need for such a franchise, if to conduct a study at any time in order to
any; determine whether the county is able to
handle an overbuild or overlapping fran-
c. The capacity of public rights-of-way to chises, economically or practically, or for
accommodate the cable system; any other purpose which the board deems
d. The present and future use of the pub- necessary in order to adequately evaluate a
lic rights-of-way to be used by the cable franchise application. Any resulting fees or
system; expenses of experts or consultants are to be
e. The potential disruption to existing borne by the applicant.
users of the public rights-of-way to be (4) The board shall vote and thereafter notify
used by the cable system and the re- in writing all applicants of its decision
suitant inconvenience which may oc- within 30 days from the adjournment of
cur to the public; said public hearing. Said notice shall spec-
f. The financial ability of the franchise ify the aforementioned factors that were
applicant to perform and to make the determinative of its decision. All of the
necessary investment to erect, operate statements and declarations contained in
and maintain the cable system; the application shall be incorporated as
conditions and material representations of
g. The experience of the applicant in the
any franchise that is issued by the board,
erection, operation and maintenance and the breach of any of such conditions
of a CATV system; and representations shall constitute cause
h. The location and type of permanent for termination of the franchise by the
facilities proposed to be constructed for board. The approval of the written decision
the cable system; by the board shall be deemed an award of
the franchise.
i. The technical quality and complete-
ness of the proposed plan for operation (g) Term. No franchise shall be issued for a
of the cable system; term longer than ten years. All current CATV
j. Th~ requisite legal, character, finan- franchise agreements shall remain in effect until
cial, technical and other qualifications their respective date of expiration, subject to any
necessary to construct, own and oper- provisions of this article deemed applicable .to
ate a cable television system. existing franchisees. However, any franchisee hold-
(2) In considering the desirability of an addi- ing a current franchise under any previous ordi-
tional or expanded cable operator, the board nance or franchise agreement may file for a
of county commissioners shall balance the renewal of its franchise pursuant to the terms of
desirability to promote competition in the this article which require adequate notice to the
public and opportunity to comment, and may
cable television industry so as to promote a
diversity of information and the provision have its franchise renewed for a period not to
of high-quality cable services at the lowest exceed ten years.
economic price against the unreasonable
disruption of private and public. property (h) Effective date.
by multiple cable operations. Furthermore, (1) Any franchise granted pursuant to the pro-
if the county grants a franchise for an visions of this article shall become effective
additional cable operator or expands a cur- as provided herein.
Supp. No. 4 CD30:9
§ 30-28 COLLIER COUNTY CODE
(2) Within 30 calendar days after the award- allowable by federal law, up to a maximum
ing of a franchise pursuant to subsection of five percent of the franchisee's g~,oss
(f)(4) above, or within such extended period revenues or such greater percentage as
of time as the board in its discretion may may from time to time be approved by
authorize, the franchisee shall file with the federal law and renegotiated with the fran-
board its written acceptance of the fran- chisee.
chise, together with a commitment for
surance policies and bonding documents (2) An estimated franchise fee monthly pay-
required by sections 30-36 and 30-37, and ment shall be payable to the county within
its agreement to be bound by and to comply 20 days after the close of each month.
with all requirements pursuant to the pro- These payments shah be accompanied by
visions of this article or the franchise. Such an estimated monthly gross revenues re-
acceptance and agreement shall be acknowl- port in a form pre-approved by the county.
edged by the franchlsee before a notary Each monthly estimated franchise fee pay-
public, and shall in form and content be ment shall be adjusted, as a credit or debit,
satisfactory to and approved by the board. by the difference between the estimated
The franchlsee shall execute the franchise gross revenues collected during the preced-
agreement and other documents required ing month and the actual gross revenues
by the county within 90 days of the award collected by the preceding month. Within
of the franchise pursuant to subsection 60 days after the close of each calendar
(f)(4) unless the county agrees to an exten- year, the franchisee shall deliver to the
sion of such date. county an annual gross revenues audit
report prepared by a certified public accoun-
(i) Business authorization. Any franchise granted rant in a form pre-approved by the county.
by the county shall authorize and permit the All amounts which are not paid when due
franchisee to engage in the business of operating and payable hereunder shall bear interest
and providing a CATV system in all or a portion of
the county, and for that purpose, subject to the at the legal rate, as defined in Florida ..
approval of the public works administrator, to Statutes, until paid and franchisee shall be
fined $100.00 a day until payment is made.
erect, install, construct, repair, replace, recon-
struct, maintain and retain in, on, over, under, (3) Notwithstanding the requirement of sub-
upon, across and along any public right-of-way or section (2) of this section of delivery of a
easement, such poles, wires, cable, conductors, monthly gross revenues report and an an-
ducts, conduits, vaults, manholes, amplifiers, ap- nual audit report by the franchisee, the
pliances, attachments and other property as may county shall have the right and authority
be necessary and appurtenant to the CATV sys- to inspect the franchisee's revenue records
tem; and in addition, subject to the approval of under the franchise and the right of audit
the public works administrator, so to use, operate and recomputation of any and aH amounts
and provide similar facilities or properties rented payable under this section. All costs asso-
or leased from other persons, including but not elated with any such audit shall be borne
limited to any public utility or other franchisee by the franchisee when said audit results
furnished or permitted to do business in the in increasing, by more than ten percent,
county. the franchisee's annual payment to the
(j) Changes to terms and conditions. No changes county.
in the terms of any franchise may be made (4) No acceptance of payment shall be con-
without the prior written approval of the board. strued as a release or as an accord and
(k) Franchise fee. satisfaction of any claim the county may
have for further operational sums payable
(1) The franchisee shall pay as a franchise fee under this article or for the performance of
to the county the maximum percentage any other obligation hereunder until barred
Supp. No. 4 CD30:10
CABLE COMMUNICATIONS § 30-28
by the statute of limitations or the proceedings under subsection (1)of this
transpiranceofthreeyears, whichever may section, renew the franchise or issue a
be shorter. preliminary assessment that the franchise
should not be renewed and, at the request
(1) Franchise restrictions. of the operator or on its own initiative,
(1) Any franchise granted under this article commence an administrative proceeding,
shall be nonexclusive. after providing prompt public notice of such
(2) No privilege or exemption shall be granted proceeding to consider whether:
or conferred by any franchise granted un- a. The cable operator has substantially
der this article except those prescribed complied with the material terms of
herein or as mandated by state or federal the existing franchise and with appli-
law. cable law;
(3) Any privilege claimed under any such fran- b. The quality of the operator's service,
chise by the franchisee in any street or including signal quality, response to
other public property shall be subordinate consumer complaints, and billing prac-
to any prior lawful occupancy of the streets tices, but without regard to the mix,
or other public property. quality or level of cable services or
other services provided over the sys-
(m) Renewal of franchise. tem, has been reasonable in light of
(1) During the six-mox~th period which begins community needs;
with the 36th month before the franchise c. The operator has the financial, legal
expiration, the franchising authority may and technical ability to provide the
on its own initiative, and shall at the re- services, facilities and equipment as
quest of the cable operator, commence pro- set forth in the operator's proposal;
ceedings which afford the public in the and
franchise area appropriate notice and par- d. The operator's proposal is reasonable
ticipation for the purpose of: to meet the future cable-related com-
a. Identifying the future cable-related com- munity needs and interests, taking into
munity needs and interests; and account the cost of meeting such needs
b. Reviewing the performance of the ca- and interests.
ble operator under the franchise dur- In any proceeding under this subsec-
ing the then current franchise term. tion, the cable operator shall be af-
(2) Upon completion of a proceeding under forded adequate notice and the cable
subsection (1) of this section, a cable oper- operator and the board or its designee
ator seeking renewal of a franchise may, on shall be afforded fair opportunity for
its own initiative or at the request of the full participation, includin. g the right
county, submit a proposal for renewal. Any to introduce evidence (including evi-
such proposal shall. contain such material dence related to issues raised in the
as the county may require, including pro- proceeding under subsection (1) of this
posals for an upgrade of the cable system. section), to require the production of
The county may establish a date by which evidence, and to question witnesses. A
such proposal shall be submitted. transcript shall be made of any such
proceeding.
(3) Upon submittal by a cable operator of a
proposal to the county for the renewal of a At the completion of a proceeding
franchise, the county administrator shall under this subsection, the board shall
provide prompt public notice of such pro- issue a written decision granting or
posal and, during the six-month period denying the proposal for renewal based
which begins on the completion of any upon the record of such proceeding,
supp. No. 4 CD30:11
§ 30-28 COLLIER COUNTY CODE
and transmit a copy of such decision to (6) Any decision of the board on a proposal for
the cable operator. Such decision shall renewal shall not be considered final un-
state the reasons therefor. less all administrative review has occurred
(4) Any denial of a proposal for renewal shall or the opportunity therefor has lapsed.
be based on one or more 'adverse findings (7) For purposes of this section, the term fran-
made with respect to the factors described chise expiration means the date of the
in subsections a. through d. of subsection expiration of the term of the franchise, as
(3) of this section pursuant to the record of provided under the franchise, as it was in
the proceeding under subsection (3). The effect on the date of the enactment of this
board may not base a denial of renewal on article [November 15, 1988].
a failure to substantially comply with the
material terms of the franchise under sub- (8) Notwithstanding the provisions of subsec-
section (3)a. or on events considered under tions (1) through (7) of this section, a cable
subsection (3)b. in any case in which a operator may submit a proposal for the
renewal of a franchise pursuant to this
violation of the franchise or the events
considered under subsection (3)b. occur af- subsection at any time; and the board may,
terthe effective date of this article [Novem- after affording the public adequate notice
and opportunity for comment, grant or deny
ber 23, 1988] unless the county has pro-
vided the operator with notice and the such proposal at any time (including after
opportunity to cure, or in any case in which proceedings pursuant to this section have
it is documented that the county has waived commenced). The provisions of subsections
its fight to object, or has effectively acqui- (1) through (7) of this section shall not
esced. apply to a decision to grant or deny a
proposal under this subsection. The denial
(5) Any cable operator whose proposal for re- of a renewal pursuant to this subsection
newal has been denied by a final decision of shall not affect action on a renewal pro-
the board made pursuant to this section, or posal that is submit-ted in accordance with
has been adversely affected by a failure of subsections (1) through (7).
the board to act in accordance with the
procedural requirements of this section, (9) In the event the board elects not to grant a
may appeal such final decision or failure renewal of the franchise under the provi-
pursuant to the provisions of 47 U.S.C. sions of subsection (1) of this section or in
section 555 of the Cable Communications the event a franchise is terminated under
Policy Act of 1984. the provisions of section 30-52 of this arti-
The court shall grant appropriate cle after the franchise holder has ex-
hausted all administrative and legal reme-
relief if the court finds that:
dies of appeal denying renewal of the
a. Any action of the board is not in com- franchise, the franchise holder shall have a
pliance with the procedural require- period of one year to sell its CATV system
ments of this section; or to a person approved by the board for a new
b. In the event of a final decision of the franchise, which approval shall not be un-
board denying the renewal proposal, reasonably withheld, or a period of one
the operator has demonstrated that year after termination of service to remove,
the adverse finding of the board with at its expense, all portions of the CATV
respect to each of the factors descfibed system from the public rights-of-way as
in subsections a. through d. of subsee- described in section 30-53 of this article. In
tion (3) of this section on which the the event such previous franchise holder
denial is based is not supperted by a does not effectuate a sale of its CATV
preponderance of the evidence, based system to a person approved by the board
on the record of the proceeding con- for a new franchise or does not remove all
dueted under subsection (3). portions of its CATV system from said
supp. No. 4 CD30:12
CABLE COMMUNICATIONS § 30-31
public rights-of-way within said period of ter equitably and reasonably extend energized
one year, the portions of the CATV system cable to a substantial percentage of its franchise
that remain within said public fights-of- area each year. A substantial percentage is hereby
way shall be considered abandoned and determined to be 15 percent of the homes within
shall be governed by the provisions of sec- the service area described in the franchise. Fail-
tion 30-53 of this article. ure to accomplish said significant construction of
the proposed CATV system within said service
(10) In the period between termination of the
franchise and the granting of another fran- area within a period of one year from the date of
issuance of an original franchise or the extension
chise, but not to exceed 12 months, the
of a service area or failure to equitably extend
franchisee shall continue to provide service
to the public as if its franchise were still in energized cable to at least 15 percent of its fran-
effect. chise area each year thereafter may result in
(Ord. No. 88-90, § 3; Ord. No. 94-12, § 2; Ord. No. cancellation of said franchise by the board as
96-15, § 1, 3-26-96) provided in this article. However, said 15 percent
shall only apply to areas where the density is 35
See. 30-29. Rights. homes per street or road mile or more.
(a) The right is hereby reserved to the county (b) In the event a franchisee has not completed
to adopt, in addition to the provisions contained construction and is not offering CATV service to
at least 85 percent of the homes within the service
herein and in existing applicable agreements,
area described in its franchise at the expiration of
such additional regulations as it shall find neces-
sary in the exercise of the police power; provided five years from the date of the issuance of said
that such regulations, by ordinance or otherwise, franchise, the board shall have the right to with-
shall be reasonable and not in conflict with the draw a portion of said service area in the interest
terms and conditions of the franchise and the of the public convenience and necessity. Said
rights herein granted. action shall be taken only after a public hearing
established by the board for the purpose of allow-
(b) The county shall have the right during the ing the franchisee to show cause why such action
life of this article to install and maintain free of should not be taken.
charge upon the poles of the franchisee all wire
and pole fixtures necessary for a police alarm (c) It shall be the responsibility of the public
system, or traffic-control system on the condition works administrator to inspect and verify perfor-
that such wire and pole fixtures do not interfere mance.
with the present and future CATV operation of (Ord. No. 88-90, § 5)
the franchisee. Sec. 30-31. Rights to use streets not war-
(c) The county shall have the right to inspect at ranted.
the franchisee's business office the maps, plans It is understood that there may from time to
and other like materials of the franchisee at any
time during normal business hours where such time be within the county various streets which
maps, plans and other materials are related to the county does not have the unqualified right to
this article or any franchise granted by the county. authorize a franchisee to use, because of reserva-
tions in favor of the dedicators or because of other
(Ord. No. 88-90, § 4) legal impediments; therefore, in granting a fran-
See. 30-30. Initial performance guarantee. chise, the county does not warrant or represent as
to any particular street or portion of a street that
(a) Within one yearfrom the date of issuance of it has the right to authorize the franchisee to
an original franchise or the extension of a service install or maintain portions of its system therein,
area, the franchisee shall accomplish construction and in each case the burden and responsibility for
of 25 percent of the proposed CATV system within making such determination in advance of the
the entire service area where the density is 35 installation shall be upon the franchisee.
homes per street or road mile, and shall thereaf- (Ord. No. 88-90, § 6)
Supp. No. 4 CD30:13
§ 30-32 COLLIER COUNTY CODE
Sec. 30-32. Other agreements, permit and (b) Indemnification.
easement requirements. (1) By acceptance of the franchise granted
under this article, the franchisee agrees to
The county shall not be required to assume any
responsibility for the securing of any rights-of- indemnify, defend and hold harmless the
way, easements, or other rights which may be county, its officers, boards, commissioners,
required by the franchisee for the installation of a agents and employees, from any and all
CATV system, nor shall the county be responsible actions, claims, suits, penalties and judg-
for secming any permits or agreements with ments for damages at law or equity of any
other persons or utilities. nature whatsoever arising out of or through:
(Ord. No. 88-90, § 7) a. The acts or omissions of the franchisee,
its servants, employees and agents;
Sec. 30-33. No property rights conveyed. and/or
b. The conduct of its business as a cable
Nothing in this article or in the franchise shall television communications service.
grant to the franchise holder any right of property
in county-owned property or public rights-of-way (2) The franchisee shall defend in the name of
the county, and pay all expenses incurred
as described in section 30-28(a) of this article; nor
shall the county be compelled to maintain any of by the county in defending itself, with
its property or said public rights-of-way any longer regard to all damages and penalties the
than, or in any fashion other than in the county's county may legally be required to pay as a
result of a franchise granted under this
judgment, as its own business or needs may
require. In addition, the franchise holder shall not article. Damages and penalties shall in-
be entitled to any compensation for damages from clude but not be limited to damages arising
out of copyright infringement and all other
the county as a result of having to remove or
relocate its property, lines and cables from said damages arising out of the construction,
public property or public rights-of-way in the installation, operation and maintenance of
event the county determines that a necessity its cable communications system, whether
exists for such removal or relocation. or not any such act or omission is autho-
(Ord. No. 88-90, § 8) rized, allowed or prohibited by this article
or the franchise granted hereunder. Ex-
penses shall include all incidental ex-
Sec. 30-34. Jurisdiction of other regulatory penses, including attorney fees and the
bodies or agencies. reasonable value of any services rendered
Nothing herein shah be construed to grant a by the office of the county attorney.
franchisee any right or privilege lawfully within (Ord. No. 88-90, § 10)
the jurisdiction of any other regulatory body or Sec. 30-36. Insurance.
agency. (a) Required.
(Ord. No. 88-90, § 9) (1) Simultaneoulsy with the execution of the
franchise agreement, the franchisee shall
Sec. 30-35. Liability, indemnification.
provide proof of general liability insurance
(a) Liability in case of emergency. If, at any insuring against claims for liability and
time in case of fire, disaster or other emergency, it damages. The franchisee shall maintain
shall appear necessary in the judgment of the said insurance throughout the term of the
county to cut, move or otherwise interfere with franchise; and said insurance shall include,
at a minimum, the following types of insur-
any of the wires, cables, amplifiers, appliances or
appurtenances thereto ofthefranchisee, thecounty ance coverage in amounts not less than
shall not be liable for any injury or damage to shown:
such property and equipment of the franchisee as a. Worker's compensation. Coverage to ap-
a result of such cutting, moving or interference. ply for all employees for statutory lim-
Supp. No. 4 CD30:14
CABLE COMMUNICATIONS § 30-37
its in compliance with the applicable (2) Certificates and renewals. Certificates and
state and federal laws. The policy must renewals of all coverage required shall be
include employers' liability with a lirait promptly filed by the franchisee with the
of $500,000.00 each accident. county administrator. Each policy shall re-
quire notice, and the franchisee shall notify
b. Comprehensive general liability. Shall the county within 30 days of any cancella-
have minimum limits of $1,000,000.00 tion or modification of any insurance cov-
per occurrence combined single limit
erage required by this article, which notice
for bodily injury liability and property shah be sent by registered mail to the
damage liability. This shall include county administrator or his designee. Re-
premises and/or operations, indepen- newal certificates shall be fled with the
dent contractors, and subcontractors county no less than 30 days prior to the
and/or completed operations, broad form policy expiration date.
property damage, XCU coverage, and a
contractual liability endorsement. (3) Additional insured. The county shall be
included as an additional insured on both
c. Business auto policy. Shall have mini- the comprehensive general liability and
mum limits of $1,000,000.00 per occur- business auto liability policies.
rence combined single limit for bodily
injury liability and property damage (4) Premium payment. Companies issuing the
liability. This shall include owned ve- insurance policies shall have no recourse
hicles, hired and nonowned vehicles against the county for payment of any
premiums or assessments, and same shall
and employee nonownership. be the sole responsibility of the franchisee.
(2) The insurance coverage obtained by the
(5) When effective. No franchise granted under
franchisee in compliance with this section
this article shall be effective ,m]ess or until
shall be approved by the risk management each of the foregoing policies' certificates of
administrator and the county attorney, and
insurance as required in this section have
such insurance policies, along with written been delivered to the county. "
evidence of payment of required premiums,
shall be filed and maintained with the (6) Not waiver. Neither the provisions of this
county administrator during the term of section, nor the acceptance of any bonds by
the franchise. the county pursuant to this article, nor any
damages received by the county thereun-
(3) The insurance coverage and policy require- der shall be construed to excuse perfor-
ments may be changed and increased from
mance by a franchisee or limit the liability
time to time at the discretion of the board of a franchisee for damages to the full
of county commissioners to reflect chang- amount of the bonds or otherwise.
ing liability exposure and limits. (Ord. No. 88-90, § 11; Ord. No. 96-15, § 2, 3-26-96)
(4) Nothing herein is intended as a limitation
to the extent of any legal liability of the Sec. 30-37. Bonding requirements.
franchisee.
(a) Construction bond.
(b) Insurance policy provisions. (1) Simultaneously with the execution of the
(1) Resident company and agent. All insurance franchise agreement, the franchisee shall
policies and bonds as are required of a post with the county either a construction
franchisee in this article shall be written bond or an irrevocable letter of' credit is-
by a company or companies authorized and sued by a state bank or a federally insured
qualified to do business in the state, and lending institution in an amount equal to
have a minimum rating of "A XX" in Best's · 110 percent of the projected cost ofconstrnc-
Rating Guide. tion and installation of the system. Exist-
Supp. No. 4 CD30:15
§ 30-37 COLLIER COUNTY CODE
ing franchisees shall post such a bond or required by this article and shall be in
irrevocable letter of credit with the county addition to the performance bond or irrevo-
and as required by the county administra- cable letter of credit required in subsection
tor at the same time as and in conjunction (b)(1) of this section.
with submission of a construction plan or
reconstruction plan as required by section (b) Permanentperformance and payment bond.
30-42(a) of this article, and in any event at (1) Simultaneously with the execution of the
least 30 days prior to the start of construc- franchise agreement or assignment offran-
tion or reconstruction. Said bond or letter chise in the case of a transfer, the franchise
of credit will be returned at the end of six shall, furnish to the county a performance
years to the franchisee or at such prior bond or an irrevocable letter of credit is-
time as the system has been completed and sued by a state bank or a federally insured
approved by the county, provided: lending institution in the amount of
a. That the franchisee has met or ex- $100,000.00. The performance bond or let-
ceeded the construction schedule re- ter of credit shall be used to guarantee the
quired by section 30-30 and section compliance withperformancerequirements
30-42; and and payment of all sums which may be-
come due to the county under this article
b. That the franchisee has in good faith and/or under any franchise agreement en-
complied with all terms and conditions tered into by the county and the franchisee.
of the franchise agreement and all pro- The performance bond or letter of credit
visions of this article as well as the
shah be maintained in the full amount
rules and regulations herein required
specified herein throughout the term of the
and permitted. franchise and for one year after the fran-
(2) If the franchisee submits a cable system chise expires or is terminated, without re-
construction or reconstruction. map and duction or allowances for any amounts which
schedule pursuant to section 30-42(a) of are withdrawn or paid pursuant to this
this article which provides for construction article.
of the system in progressive stages to pro-
(2) All CATV operators in the unincorporated
vide service to specified and definitive sec-
tions of his franchise area, the franchisee areas of the county who possess a valid,
may submit a construction bond or irrevo- current franchise, that is in good standing,
to operate .a CATV operation as of the
cable letter of credit equal only to 110
percent of the projected cost of construction effective date of this article [November 23,
and installation of each specified and de- 1988] shall not be required to furnish a
~nitive section of the system in lieu of the performance bond until such time as cur-
bond or letter of credit required by subsec- rent franchise expiration, transfer or re-
t-ion (a)(1) of this section; provided, how- newal. Current franchisees may negotiate
ever, that the franchisee must complete accelerated franchise renewals pursuant to
construction of the specified section to which section 30-28(g).
the construction bond applies prior to the (3) The rights reserved to the county with
initiation of construction of a subsequent respect to the bond or the letter of credit
section. are in addition to all other rights of the
(3) If the franchisee shall fail to perform the county.
obligations heretofore set out in this sec- (Ord. No. 88-90, § 12; Ord. No. 96-15, § 3, 3-26-96)
tion, the franchisee shall forfeit in total to
the county the hereinabove referenced con- Sec. 30-38. FCC petition and license.
struction bond. The franchisee shall, except for existing li-
(4) Said construction bond shall not be in lieu censes, within 60 days after the issuance of a
of any other guarantee or indemnification license under this article, apply to the FCC for a
Supp. No. 4 CD30:16
CABLE COMMUNICATIONS § 30-41
registration statement or such other certificate or National Cable Television Association to
license as may be required for the operation of the the effect that the customers shall receive
cable system. Failure of the frszxchisee to obtain the highest possible level of service.
the necessary permits and licenses within one (2) Underground construction in streets shall
year of the issuance of a franchise under this be of such quality as to assure continuity of
article shall cause the franchise to become null service without the necessity of frequent
and void, unless the franchisee petitions the board street or pavement cutting and shall con-
for an extension of time upon good cause show. rain a self-sealing device to ensure all such
(Ord. No. 88-90, § 13) cables against leakage.
Sec. 30-39. Compliance with applicable laws (3) No portion of the franchisee's system shall
and ordinances. hamper the ability of nonsubscribers from
receiving TV broadcast signals off the air
The franchisee shall at all times during the life waves where, prior to the CATV system's
of this article be subject to all lawful exercise of existence, such signals could be received by
the police power by the county and to such rea- nonsubscribers' television equipment.
sonable regulation by the county as the county (4) The levels of intensity or strength permit-
shall hereafter provide. The franchisee shall com- ted on any drop shall be closely adjusted to
ply with all laws, statutes, codes, ordinances, prevent stray radiation of the CATVsignal.
rules or regulations applicable to its business.
Specific and exact compliance to all zoning and (5) The franchisee shall take steps as neces-
building regulations shall be adhered to by the sary to prevent instances of extensive RF
franchisee. radiation.
(Ord. No. 88-90, § 14) (6) All amplifier housing shah be effective
shields against radiation by the amplifying
Sec. 30-40. Signal quality requirements. equipment.
(a) General standards. (Ord. No. 88-90, § 15)
(1) Systems shall be maintained in such a Sec. 30-41. Service requirements.
manner as to prevent radiation from its
facilities in excess of the limits specified in (a) System capability.
applicable rules and regulations of the FCC.
(1) The franchisee's cable distribution system
(2) The systems shall pass standard color tele- of a franchise granted pursuant to this
vision and FM signals without degrada- article shall be capable of carrying at least
tion. 54 television channels and FM radio to
(3) There shall be no visible cross-modulation each subscriber.
products produced in the cable TV systems (2) Each such franchisee shall at all times
on any channel. provide programming on a minimum of 30
(4) The system and all equipment shall be channels and shall provide on its basic
designed and rated for 24 hours per day service, programming on a minimum of 12
continuous operation. channels, unless otherwise preempted by
the FCC, and provided that such program-
(b) Technical specifications. ming is available. Each franchisee shall
(1) CATV systems shall be installed and main- make available without charge to the county
rained in accordance with FCC technical unlimited time on at least one local govern-
specifications, regulations and industry start- merit access channel.
dards as reflected in the Standards of Good (3) The franchisee shall extend cable televi-
Engineering Practices for Measurements sion service to any building within the
on' Cablevision Systems, published by the county which is located on property within
Supp. No. 4 CD30:17
§ 30-41 COLLIER COUNTY CODE
150 feet of any portion of the distribution more than one identified and designated channel
facilities of the franchisee's existing plant until such time as the current franchise expires,
at the time of application for service. Such ' is transferred or renewed.
extension shall be made within 60 calendar (Ord. No. 88-90, § 16)
days after receipt of a legitimate written
request for such service. There shall, how- See. 30-42. Cable system construction.
ever, be no obligation on the part of the (a) Construction map and schedule. The fran-
franchisee to extend cable service beyond chisee shall submit a construction plan or recon-
150 feet from existingdistribution facilities struction plan which shall be incorporated by
unless there is a density of at least 35 reference and made a part of the franchise agree-
homes per street or road mile contiguous to ment. The plan shall include cable system design
the existing plant. Provided, however, the details, equipment specifications, and design per-
franchisee shall serve any building in ex- formance criteria. The plan shall also include a
cess of 150 feet if the owner of said building map of the entire franchise area and shall clearly
is willing to pay the actual cost of the delineate the following:
service extension to such building.
(1) Areas within the franchise area where the
(b) Lock-out devices. The franchisee shall make cable system will be initially available to
available, to any residential subscriber so request- subscribers, including a schedule of con-
ing, a "parental guidance" or "lock-out" device struction for each year that construction or
reconstruction is proposed; and
which shall permit the subscriber, at his or her
option, to eliminate the audio and visual aspects (2) Areas within the franchise area where ex-
from any channel reception. The franchisee shall tension of the cable system cannot reason-
~nnuallyadvise allresidential subscribers regard- ably be done due to lack of present or
ing the availability of this device, and an addi- planned development or other similar rea-
tional reasonable charge for any such device may sons, with the areas and the reasons for not
be imposed. serving them clearly identified on the map.
Construction or reconstruction plans and maps
(c) Denial of service. The franchisee may deny shall be submitted to the county administrator's
service to any subscriber where such subscriber office at least 90 days prior to the start of con-
has previously been a subscriber of the franchisee struction or reconstruction, unless the county
and the franchisee previously terminated agrees to a lesser time period.
subscriber's service due to nonpayment.
(b) Early construction and extension. Nothing
(d) Emergency use of facilities. The franchisee in this section shall prevent the franchisee from
shall install and maintain an audio override ca- constructing or reconstructing the cable system
pacity on all channels for transmission of emer- earlier than planned. However, any delay in the
gency messages and alerts and shall provide for cable system construction beyond the times spec-
character-generated "crawl" information to be su- ified in the plan report timetable shall require
perimposed for the hearing impaired on all video application to and consent by the board.
channels. In the case of any emergency or disas- (c) Delay in construction timetable. Any delay
ter, as determined by the county, franchisees beyond the terms of construction or reconstruc-
shall, upon request of the county, make the over- tion timetable, unless approved by the board, will
ride capacity available to the county without be considered a violation of this article for which
charge for use during emergency or disaster pe- the provisions of section 30-51 shall apply as
riod. All CATV operators in the unincorporated determined by the board.
areas of the county who possess a valid, current
franchise, that is in good standing, to operate a (d) Commencement of construction or reconstruc-
CATV operation as of November 23, 1988 shall tion. Construction or reconstruction in accordance
not be required to provide "crawl" information on with the plan submitted by the franchisee shall
Supp. No. 4 CD30:18
CABLE COMMUNICATIONS § 30-42
commence as soon after the grant and acceptance works administrator. Prior to the issuance of such
of a franchise as is reasonably possible. Failure to approval, the franchisee shall submit to the pub-
proceed expeditiously shall be grounds for revo- lic works administrator:
cation of a franchise. Failure to proceed expedi- (1) Strand maps of the system authorized by
tiously shall be presumed in the event construc- the proposed franchise showing plant rout-
tion or reconstruction is not commenced within 12
ing, utility company poles to which the
months of the grant and acceptance of a franchise.
system fac~ities are to be attached; and
(2) True copies of all pole attachment agree-
(e) Additional mandatory extension. Extension ments made by the franchisee with United
of a cable system into any area not specifically Telephone Company and Florida Power and
treated in the plan shall nonetheless be required Light Company and any other utility or
if the terms of any of the following conditions are
company to which an attachment is to be
met: made.
(1) Mandatory extension rule. The franchisee (g) County's right to inspect. The county shall
shall extend cable system upon request to have and maintain the right to inspect the instal-
any contiguous area not designated for lation, construction, operation and maintenance
initial cable service in the construction of the system by the franchisee to ensxrre the
plan when potential unserved subscribers proper performance of the terms of this article.
can be served by extension of cable system (h) Joint or common use of poles.
past dwelling units equivalent to a density
of 35 homes per street mile. (1) To enhance the public convenience and to
minimize the placement of poles and wire
holding structures within public ways, the
(2) Early extension. In areas not meeting the franchisee shall enter into agreements for
requirements for mandatory extension of the joint or common use of poles or other
cable service, the franchisee shall provide, wire-holding structures where poles or other
upon the request of five or more potential wire holding structures already exist for
subscribers desiring cable service, an esti- the use in serving the county or serving the
mate of the costs required to extend cable
service to said subscribers. The franchisee public convenience. However, no location of
any pole or wire-holding structure of the
shall then extend cable service upon re- franchisee shall be a vested interest, and
quest of said potential subscribers accord- such pole or structure shall be removed or
ing to the existing rate schedule. The fran- modified by the franchisee at its own ex-
chisee may require advance payment or
assurance of payment satisfactory to the pense whenever the public works adminis-
franchisee. The amount paid by subscrib- trator determines it to be necessary in
ers for early extension shall be nonrefund- conjunction with a county project.
able; and in the event the area subse- (2) The county shall be permitted to make use
quently reaches the density required for of the poles or other wire-holding struc-
mandatory extension, such payments shall tures of the franchisee, without charge or
be treated as consideration for early exten- remuneration to the franchisee, if the pub-
sion. lic works administrator determines that
the use would enhance the public conve-
nience and would not unduly damage, ham-
(f) Prior approval by county. Except for individ-
per or interfere with the franchisee's present
ual service drops, the franchisee shall not erect and future operations.
any pole, run any line, or make any attachment,
nor shall any construction on public property and (i) Permits, easements and agreements. The
related to the delivery of cable services be com- county shall not be required to assume any re-
menced without the prior approval of the public sponsibility for the securing of any rights-of-way
Supp. No. 4 CD30:19
§ 30-42 COLLIER COUNTY CODE
or easements, nor shall the county be responsible (4) The franchisee shall have the authority to
for securing any permits or agreements with trim trees upon or overhanging streets,
other persons or utilities. alleys, sidewalks and public ways and places
(j) Location/relocation of facilities. of the county so as to prevent the branches
of such trees from coming in contact with
(1) The franchisee's system may be installed the wires and cables of the franchisee, in a
aboveground in areas where existing power manner approved by and acceptable to the
or telephone facilities are aboveground, and county. At the option of the county, such
shall be installed underground in areas trimming may be done by it or under its
where existing power and telephone facili- supervision and direction at the expense of
ties are installed underground. The fran- the franchisee, if prior notification has been
chisee shall endeavor to enter into agree- given to the franchisee and the franchisee
merits for the purpose of sharing poles with thereafter failed to respond.
any person now or hereafter authorized by
license, franchise or otherwise to erect and (5) Franchisees shall promptly, upon the
maintain overhead or underground wires county's request and at their own expense,
and cables, it being the intent hereof that modify or relocate when necessary any part
all aboveground installations of CATV sys- of their systems to accommodate the aban-
terns shall be accomplished on existing donmerit of any street.
utility poles and easements where feasible, (6) No location of any underground or
and installed only parallel to existing facil- aboveground facility or structure of any
ities. Where new poles are installed, prior franchisee on public property shall be a
approval of the public works administrator vested interest, and such poles or struc-
as to location must be received. tures shall be removed or modified by a
(2) The franchisee shall not place any fixtures franchisee at its own expense whenever the
or equipment where the same will interfere county determines that the public conve-
with any gas, electric, CATV, telephone, hierice would be enhanced thereby.
sewer, drainage or water lines, fixtures or
equipment; and the location by franchisees (k) Safety.
of their lines and equipment shall be in (1) A franchisee's work performance, equip-
such a manner as not to interfere with the ment and job sites shall be in compliance
usual travel on or proper use of said streets, with all applicable state and federal require-
the use of the same for the installation or ments. A franchisee's work, while in
operation of gas, electric, telephone, water, progress, shall be properly protected at all
drainage, or sewer lines equipment, or the times with suitable barricades, flags, lights,
rights or reasonable convenience of owners flares or other devices as are required by
of property which abuts any street. the Manual on Uniform Traffic Control
(3) Franchisees shall relocate any aboveground Devices (FDOT) to protect all members of
portion of their systems underground in the public having occasion to use the por-
any county easement or right-of-way area tion of the streets involved or adjacent
where existing power and telephone facili- property.
ties are hereafter so relocated unless a (2) The franchisee shall at all times employ
franchisee elects to purchase said poles due care and shall install, maintain and
owned by the utility company or is permit- use commonly accepted methods and de-
ted to reinsin on said poles pursuant to vices for preventing failures and accidents
contractual pole attachment agreements. which are likely to cause damage, injuries
Any such relocation shah be at their ex- or nuisances to the public. All structures
pense, and such relocation shall be accom- and all lines, equipment and connections
plished concurrently with relocation or any in, over, under and upon the streets of the
such power and telephone facilities. county wherever situated or located shall
Supp. No. 4 CD30:20
CABLE COMMUNICATIONS § 30-43
at all times be kept and maintained in a (m) Transfer prohibited.
safe, suitable, substantial condition, and in (1) Afranchisee shall not assign, sell or trans-
good order and repair. The franchisee shall fer its plant or system or any portion thereof,
install and maintain its wires, cables, fix-
nor any right, title or interest in same, nor
tures and other equipment in accordance shall a franchisee transfer or assign any
with the requirements of the National Elec- right under this article or under a fran-
trical Safety Code promulgated by the Na- chise agreement to any other person with-
tiehal Bureau of Standards, the National out prior approval of the county, which
Electrical Code of the American Insurance approval shall not be unreasonably with-
Association, and the Bell System Code of held, and only then upon such conditions as
Pole Line Construction. the county deems necessary and proper.
Prior approval of the county shall be re-
(l) Inspection and performance test. quired where ownership or control of more
(1) The county shall have the right to make than 30 percent of the right of control of
franchisee is assigned to or acquired by a
such inspections as it shah find necessary
to ensure compliance with terms of a fran- person or group of persons acting in con-
chise and other pertinent provisions of law. cert, none of whom already own or control
The county shall have the right to require 30 percent or more of such right of control,
the franchisee to provide and keep accurate singularly or collectively.
calibrated test equipment immediately avail- (2) Any transferee of a franchisee's plant or
able for use in the county for the testing of system or any portion thereof shall submit
all service and operation standards in this to the county information which is required
article, and the franchisee shall conduct of an initial applicant as found in section
such tests as requested by the county in 30-28(c)(1), (c)(2) and (c)(3) of this article
order to establish the level of performance and must agree to comply with all provi-.
of the system. sions of this article before the county may
approve such transfer.
(2) The franchisee shall furnish the county (Ord. No. 88-90, § 17; Ord. No. 96-15, § 4, 3°26-96)
administrator with a written report of the
results of franchisee's annual system proof Sec. 30-43. New developments.
of performance tests, as required by the
FCC. The county may require additional (a) Public hearing. The board shall have the
tests as proof of performance should it have authority to order a public hearing on the provi-
reasonable cause to believe that a sion of additional channel capacity by franchisee
franchisee's system is not providing quality
service transmission to its subscribers. The
franchisee shall pay the costs incurred by
the county for any technical assistance
deemed necessary by the county for obtain-
ing independent verification of technical
compliance with all standards. Reports cov-
ering the following will be maintained and
made available to the county manager upon
request:
a. Complaints, numbers, nature and cor-
rective actions taken, as required by
section 30-55(b)(4).
b. Progress of system expansion and num-
ber of subscribers.
Supp. No. 4 CD30:20.1
CABLE COMMUNICATIONS § 30-45
or on the inclusion in the franchisee's cable system systems for both construction and operation of the
of state-of-the-art technology or upgraded facili- interconnection link.
ties. Notice of such hearing shall be provided to
the franchisee and the public not later than 30 (c) Relief A franchisee may be granted reason-
days prior to such hearing. able extensions of time to interconnect or the
county may rescind its order to interconnect upon
(b) Determination of need. If after such hearing petition by the franchisee to the county. The
the board determines that: county shall grant said request if it finds that a
(1) There exists a reasonable need and demand franchisee has negotiated in good faith and has
for additional channel capacity and/or state- failed to obtain an approval from the cable system
of-the-art technology or upgraded facilities; or systems of the proposed interconnection or that
the cost of the interconnection would cause an
(2) Provision has been made or will be made unreasonable or unacceptable increase in sub-
for adequate rates which will allow a fran- scriber rates.
chisee a fair rate of return on its invest-
ment (including the investment required to (d) Cooperation required. A franchisee shall co-
provide the additional channels and/or the operate with any interconnection corporation, re-
state-of-the-ar~ technology or upgraded fa- gional interconnection authority or other county,
cilities); and state and federal regulatory agency which may be
hereafter established for the purpose of regulating,
(3) Such requirements will not result in eco- financing, otherwise providing for the intercon-
nomic waste for the franchisee. nection of cable systems beyond the boundaries of
The board may order franchisee to provide a spec- the county.
ified number of additional channels and/or speci- (Ord. No. 88-90, § 19)
fled state-of-the-art technology or upgraded facil-
ities. In considering the economic feasibility of
required cable system improvements, the board Sec. 30-45. Local office; operations.
may consider the extension of the term of the fran-
chise to permit the recovery of the cost of said (a) Local office. The franchisee shall, throughout
improvements. Any proposed extension of fran- the entire duration of its franchise, maintain an
chise shall be treated procedurally in accordance office within the county open to the public during
with the procedure for franchise renewal, as stated all reasonable business hours.
in section 30-38. (b) Franchise officials. The franchisee shall des-
(Ord. No. 88-90, § 18) ignate a resident manager of the system, and such
person shall reside in close proximity to the ser-
Sec. 30-44. Areawide interconnection of vice area of the franchisee and shall be active in
cable systems. the management of the system in the county
(a) Interconnection required. A franchisee shall throughout the duration ofthe franchise. The fran-
interconnect access channels of the cable system chisee shall notify the county in writing of any
with any or all other cable systems in contiguous change of the resident manager within 30 cal-
adjacent areas, upon the directire of the county. endar days of the change.
Interconnection of cable systems may be done by
direct cable connection, microwave link, satellite, (c) Maintaining telephone access. Each fran-
or other appropriate method. chisee shall maintain within its office a telephone
system with a toll-free telephone number for all
(b) Interconnection procedure. Upon receiving exchanges serving the franchise area; and such
the directive of the county to interconnect, a fran- system shall be so operated that complaints and
chisee shall immediately initiate negotiations with requests for repairs may be received at any time
the other affected cable system or systems in order 24 hours a day, each day of the year, by a person
that all costs may be shared equally among cable representing the franchisee.
CD30:21
§ 30-45 COLLIER COUNTY CODE
(d) Studio facilities. Each franchise existing and expense statement applicable to its operation
prior to this article and serving a minimum of during the preceding 12-month period, a balance
25,000 subscribers as of the enactment of this ar- sheet and a statement of its properties devoted to
ticle [November 15, 1988] or upon attaining a rain- the cable system operation, by categories, giving
imum of 25,000 subscribers shall maintain studio its investment in such properties on the basis of
facilities adequate to serve the subscribers of the original cost, less applicable depreciation. The an-
franchise within the county, as determined by the nual revenue reports so submitted shall be spe-
board. Each franchise granted pursuant to this ci~c as to the extent of operations of the fran-
article shall, upon serving a minimum of 25,000 chisee within the unincorporated area of the
subscribers, mainh~in studio facilities adequate county and shall include number of homes passed,
to serve the subscribers of the franchise within number of cable plant miles, number of subscribers
the county, as determined by the board. Consis- for each type of cable service offered and the gross
tent with community needs and interests, facili- revenues from all sources attributable to the op-
tlos shall be adequate to provide the space, erations of the franchisee from within the county.
lighting, and audio and visual equipment neces- (Ord. No. 88-90, § 22)
sary for on-site videotaping and audio recording
of educational, governmental or civic programs. Sec. 30-48. Rate schedule.
Facilities will also have the capability of trans-
mitting locally originated programs to all sub- (a) Filing of rate schedules. The franchisee shall
scribers being served by the franchisee's system. file with the county schedules which shall de-
scribe all services offered, rates and charges for
(e) Resident agents. Each franchisee shall main- all services, and all terms or conditions relating
tain a force of resident agents and employees to thereto.
provide prompt response to subscribers within the
(b) Subscriber payment of rates.
county at all times, and shall have sufficient em-
ployees to provide safe, adequate and prompt ser- (1) The franchisee may refuse to furnish or may
vice for its facilities. discontinue furnishing service to a sub-
(Ord. No. 88-90, § 20) scriber who fails to pay installation fees or
monthly service charges when due or for
Sec. 30-46. Access to records. other good cause, but only after written no-
tice to that subscriber.
The county shall have access, at all reasonable
hourS, to plans, contracts, engineering, accounting, (2) The franchisee may require subscribers to
financial, statistical, customer and service records pay for the installation and for each month
relating to the property and operation of the fran- of basic service in advance at the beginning
chisee's county system and to such other records of each month.
as may be required by the county to perform its (3) Nothing in this section shall be construed
regulatory responsibilities under this article. Such to prohibit waiver or reduction of charges
records shall be made available upon reasonable for initial installation service, reconnec-
notice at the franchisee's local office. With the tion or other service chaxges that are made
exception of those records contained in the appli- for promotional purposes.
cation submitted under section 30-28(c), such (Ord. No. 88-90, § 23)
records shall not constitute public records.
(Ord. No. 88-90, § 21) Sec. 30-49. Preferential or discriminatory
practices prohibited.
Sec. 30-47. Submission of f'mancial reports.
The franchisee shall not, as to rates, charges,
The franchisee shall submit revenue reports to service facilities, rules, regulations or in any other
the office of the county manager annually, but no respect, make or grant any preference or advan-
later than 60 days from the due date as required tage to any person, nor subject any person to any
by section 30-28(k), including a detailed income prejudice or disadvantage. This provision shall not
CD30:22
CABLE COMMUNICATIONS § 30-51
apply to discounts provided to owners or opera- formation, a franchisee shall pay $50.00 per
tors of multiple_unit dwelling complexes when such day for each day, or part thereof, that each
discounts or contract rates are provided under con- violation occurs or continues;
tract or "bulk bill" agreements. (3) For failure to test, analyze and report on
(Ord. No. 88-90, § 24) the performance of the system following a
written request to do so, a franchisee shall
Sec. 30-50. Rules of franchise. pay $100.00 per day for each day, or part
thereof, that such noncompliance contin-
The franchisee shall have the authority to pro- ues;
mulgate such rules, regulations, terms and con-
(4) For failure to provide in a continuing man-
ditions governing the conduct of his business as
ner the types of services proposed in the
shall be reasonably necessary to enable the fran-
chisee to exercise his rights to perform his obliga- accepted application or renewal proposal,
tions under this article and to assure an uninter- unless the board specifically approves a de-
rupted service to each and all of his customers; lay or change or the franchisee has ob-
provided, however, that such rules, regulations, rained modification of its obligation under
terms and conditions shall not be in conflict with 47 U.S.C. section 545 of the Cable Commu-
nications Policy Act of 1984, a franchisee
the provisions of this article or the franchise agree-
ment and shall be fled with the county. shall pay $500.00 per day for each day, or
(Ord. No. 88-90, § 25) part thereof, that each noncompliance con-
tinues;
Sec. 30-51. Liquidated damages. (5) For failure offranchisee to comply with op-
erational, maintenance, technical standards
(a) Failure to comply with time and perfor- or consumer protection standards, franchi-
mance requirements. By acceptance of any fran- see shall pay $500.00 for each day, or part
chise granted by the county, a franchisee under- thereof, that such noncompliance contin,
stands and shall agree that failure to comply with ues; and
any time and performance requirements as stip- (6) For any other action or nonaction by the
ulated in this article and/or a franchise agree- franchisee, as agreed upon between the
ment will result in damage to the county, and that county and the franchisee, and set forth in
it is and will be impracticable to determine the the franchise agreement.
actual amount of such damage in the event of de-
lay or nonperformance; the franchise agreement Nothing in this section shall preclude further liq-
shall include but not be limited to provisions for uidated damages as agreed upon by the parties in
liquidated damages to be paid by the franchisee, the franchise agreement.
in amounts set forth in the franchise agreement
and chargeable to the performance bond or letter (b) Notice of intention to assess. If the county
of credit required by section 30-37 for the follow- administrator concludes that a franchisee is lia-
ing concerns: ble for liquidated damages pursuant to this sec-
(1) For failure to complete system construction tion, he shall issue to the franchisee by certified
or reconstruction in accordance with this mail a notice of intention to assess liquidated dam-
article unless the board specifically approves ages. The notice shall set forth the basis of the
the delay by motion or resolution, a fran- assessment, and shall inform the franchisee that
chisee shall pay $500.00 per day for each liquidated damages will be assessed from the date
day, or part thereof, the delinquency con- of the notice unless the assessment notice is ap-
tinues; pealed for hearing before the board and the board
rules:
(2) For failure to provide, upon written re-
quest, data, documents, reports, and/or in- (1) That the violation has been corrected; or
Supp. No. 1 CD30:23
§ 80-51 COLLIER COUNTY CODE
(2) That an extension of time or other relief (4) The franchisee falls to commence construc-
should be granted. tion within one year from the effective date
of this article.
A franchisee desiring a hearing before the board (5) The franchisee fails to complete construc-
shall send a written notice of appeal of assess- tion pursuant to the requirements of this
ment of liquidated damages by certified mail to article within the time required by its fran-
the county administrator within ten days of the chise.
date on which the county sent the notice of inten-
tion to assess liquidated damages. The hearing on (6) The franchisee falls to provide service to its
the franchisee's appeal shall be within 30 days of subscribers as required by the terms of this
the date on which the county receives the written article, the franchise agreement, or the Ca-
notice of appeal. After the hearing, if the board blevision Act of 1984, as amended, which-
sustains in whole or in part the county adminis- ever is stricter.
trator's assessment of liquidated damages, the (b) Right of suspension. The county reserves the
county administrator may at any time thereafter right to suspend any or all of the rights of a fran-
draw upon the performance bond or the letter of chisee upon a finding that the franchisee is failing
credit required by this article. Unless the board to provide efficient service to its subscribers with-
indicates to the contrary, said liquidated damages in the unincorporated areas of the county or for
shall be assessed beginning with the date on which any grounds specified in subsection (a) of this sec-
the county sent the notice of the intention to as- tion. This shall include the right of the county to
sess liquidated damages and continuing thereaf- prohibit further expansion of service areas until
ter until such time as the violation ceases, as de- service in the areas being served is brought up to
termined by the county administrator. minimum acceptable standards.
(Ord. No. 88-90, § 26; Ord. No. 94-12, § 3) (c) Procedures for termination. The franchise
may be terminated in accordance with the follow-
Sec. 30-52. Termination. ing procedures:
(1) The county administrator shall notify the
(a) Right of termination. The county reserves franchisee in writing of the exact nature of
the right to suspend, terminate and cancel a fran- the alleged violation constituting a ground
chise and all rights and privileges of a franchisee for termination and give the franchisee 30
thereunder after due process as specified by sub- days, or such other greater amount of time
section (c) of this section for just and reasonable
as the county administrator may specify, to
cause or in the event that any one of the following correct such violation or to present facts
occurs: and argument in refutation of the alleged
(1) The franchisee, after 30 days' notice by cer- violation.
tified mail by the county, violates any pro- (2) If within the designated time the franchi-
vision of this article or any rule, order or see does not remedy and/or put an end to
determination of the county made pursu- the alleged violation, the board, after a pub-
ant to this article, except that if such vio- lic hearing, may direct the termination of
lation by the franchisee is without fault or the franchise if it determines that such ac-
through excusable negligence. tion is warranted.
(2) The franchisee becomes insolvent, unable (Ord. No. 88-90, § 27)
or unwilling to pay its debts, or is adjudged
bankrupt. Sec. 30-53. Removal, abandonment and res-
toration of system.
(3) The franchisee attempts to evade any of the
provisions of this article or of the franchise (a) Removal required. A franchisee shall prompt-
agreement or practices any fraud or deceit ly remove from the streets or public places all
upon the county. por~;ons of the system and poles of such system,
Supp. No. 1 CD30:24
CABLE COMMUNICATIONS § 30-54
other than any which the county may permit to be (2) If a franchisee fails to properly and prompt-
abandoned in place, in the event any of the fol- ly restore the area, the county, at its elec-
lowing occurs: tion, may restore the area and cause forfei-
ture of the permanent performance bond
(1) In the event that the use of a part of its
and, if it is still in effect, forfeiture of the
system is discontinued for any reason for a
construction bond in order to reimburse the
continuous period of 12 months.
county for any costs and expenses it incurs
(2) In the event such system or property has for restoring the area.
been installed in any street or public place (Ord. No. 88-90, § 28)
without complying with the requirements
of the franchisee's franchise or this article. Sec. 30-54. Public, educational and institu-
(3) In the event that the franchise has been tional services.
terminated, canceled or has expired with- (a) Public service. The franchisee shall provide,
out renewal, assignment or transfer.
upon written request by the county, one basic ser-
vice drop for CATV service without installation or
(b) Removal procedures. The franchisee shall monthly charge to the board of county commis-
promptly, upon being given 30 days' written no-
sion office, public schools, county-owned and 'op-
tice, begin to remove from the streets all property erated emergency medical services stations, fire
and poles of the CATV system other than those stations, civil defense facilities, satellite govern-
which the county, in its discretion, may permit to
ment services buildings, and the county sheriffs
be abandoned. department; provided, however, that the cost of
the installation of said service drop beyond 150
(c) Abandonment. feet from the distribution line shall be borne by
(1) Any property of the franchisee remaining the appropriate governmental or private body.
in place after the reasonable time limit set
(b) Local government and educational access
by the county, after the termination or ex-
channels.
piration of the franchise, shall be consid-
ered permanently abandoned. (1) The franchisee shall make available unlim-
(2) The failure to reclaim property, before it is ited time on at least one channel for local
considered to be permanently abandoned government access at no charge to the coun-
as outlined in this section, shall constitute ty, and the county shall adopt operating
a franchise violation and shall cause forfei- rules for such a channel.
ture of the permanent performance bond (2) The franchisee shah make available at least
and, if it is still in effect, forfeiture of the one channel for the use of state and county
initial construction bond unless the county public educational authorities free of charge.
agrees to accept transfer of ownership of The franchisee shall adopt operating rules
the abandoned property. In that event, the for the educational access channel and shall
franchisee shall submit to the county an file a copy of said rules with the county ad-
instrument in writing, to be approved by ministrator's office.
the county attorney, transferring to the (3) One channel may be designated by the fran-
county the ownership of such property. chisee for both local government access and
educational access until such time as the
(d) Restoration required. county shall determine that the demand ex-
(1) In the event of such removal as referenced ists for more than one channel. Thereafter,
herein, the franchisee shall promptly re- upon written notice from the county, the
store the street or other area from which franchisee shall comply with the county's
such property was removed to the condition request for additional channels pursuant to
existing prior to the disruption of the street this section.
or other area. (Ord. No. 88-90, § 29)
Supp. No. 1 CD30:25
§ 30-55 COLLIER COUNTY CODE
Sec. 30-55. Consumer protection provisions. good cause. Service shall be provided to all
interested customers where economically
(a) Definitions. For purposes of this section, the feasible.
following terms and words shall have the mean-
ing herein unless the context clearly indicates that (2) Termination of services. Upon termination
another meaning is intended. When not inconsis- of service to any subscriber, the franchisee
tent with the context, words used in the present shall promptly remove all portions of its
tense include the future, words in the plural num- system, facilities and equipment from the
her include the singular number and words in the premises of such subscriber upon his re-
singular number include the plural. quest.
Conditions beyond the control of a franchisee (c) Customer complaints.
shall include (1) hurricanes, floods, windstorms (1) All subscriber complaints regarding quali-
and tornadoes, (2) fires and explosions, (3) van- ty of service, equipment marfunctions and
dalism, sabotage and tampering by subscribers, similar matters shall be acted upon by the
(4) construction cuts and other major damages by franchisee as soon as possible.
others of the cable trunk and distribution system, (2) Except where there exists an emergency sit-
(5) transmittal failure by cable programming pro- uation necessitating a more expedited pro-
viders, both broadcast and satellite fed, (6) and cedure, the franchisee may interrupt ser-
commercial electrical power outages in areas where vice, for the purpose of repair or upgrading
the cable system does not have backup power in- of the system, only during periods of mini-
stalled. mum use.
Normal operating conditions means those ser- (3) The franchisee shall establish procedures
vice conditions which are within the control of the for receiving, acting upon and resolving sub-
franchisee. Those conditions which are not within scriber complaints. These procedures shall
the control of the franchisee include, but are not be filed with the county administrator. The
limited to, natural disasters, civil disturbances, franchisee shall furnish a notice of such pro-
power outages, telephone network outages, and cedures to each subscriber at the time of
severe or unusual weather conditions. Those con- initial subscription to the system and at
ditions which are ordinarily within the control of least once a year thereafter, which notice
the franchisee include, but are not limited to, spe- shall include complaint telephone numbers
cial promotions, pay-per-view events, rate increas- of the franchisee.
es, regular peak or seasonal demand periods and
maintenance or upgrade of the cable system. (4) The franchisee shall keep a record of and
investigate all written complaints from sub-
Service interruptions means the loss or deteri- scribers. Such records shall identify the sub-
oration of picture or sound of one or more chan- scriber, his address, the nature, location and
nels of a single subscriber, excluding interrup- date of the complaint, and a technician's
tions caused by the program originator. report on the disposition of the complaint.
The county may, during normal business
System interruption means the loss of picture or hours, inspect the subscriber written com-
sound of one or more channels of multiple sub- plaint records of the franchisee which shall
scribers in common system distribution or trunk be kept in the public inspection file.
service area or areas, such as in subdivisions and
neighborhoods. (5) The county administrator is hereby desig-
nated by the county as having primary re-
(b) Service. sponsibility for the continuing administra-
tion of the franchise and implementation of
(1) The franchisee shall not without good cause
fail to provide available service to individ- complaint procedures.
uals or prospective subscribers, nor shall (6) The franchisee shall within seven days af-
the franchisee terminate service without ter receiving written request from the coun-
Supp. No. 1 CD30:26
CABLE COMMUNICATIONS § 30-55
ty, send a written report to the county with (3) After normal business hours as described
respect to any complaint. The report to the above, the access line may be answered by
county shall provide a full explanation of company representatives or a staffed an-
the investigation, findings and corrective swering service, or an automated response
steps taken by the franchisee. system. Inquiries received after normal
(7) In all situations where cable service is dis- business hours must be responded to as pro-
rupted to 500 or more subscribers for a time vided herein.
period greater than four hours due to the (4) Under normal operating conditions, tele-
franchisee's plant equipment failure, the phone answer time by a customer represen-
franchisee shall notify the office of the coun- tative, including wait time, shall not ex-
ty administrator immediately. ceed 30 seconds when the connection is
(d) Customer's right upon failure of service. made. If the call needs to be transferred,
transfer time shall not exceed 30 seconds.
(1) Efficient repairs and services. Each franchi- These standards shall be met no less than
see shall render efficient service, make 90 percent of the time, under normal oper-
prompt repairs, and interrupt the service ating conditions measured on a quarterly
only for good cause and for the shortest time basis, during normal business hours as de-
possible. fined herein. Quarters shall be defined as
(2) Notification of interruptions. Such interrup- three-month intervals and shah end on De-
tions, insofar as possible, shall be preceded cember 31st, March 31st, June 30th and
by notice and shall occur during periods of September 30th. The franchisee will not be
minimum use of the system. required to acquire equipment or perform
(3) Limitation of failures. The franchisee shall surveys to measure compliance with the
telephone answering standards above un-
limit failure to a minimum by locating and less an historical record of complaints indi-
correcting area service outages promptly, cares a clear failure to comply. An historical
as provided in this section 3-55. records of complaints shall mean a signfi-
a. A complete report may be required by cant increase in complaints as determined
the county for any failure lasting long- by Collier County, compared to the same
er than 48 hours. time periods of previous years, by custom-
(4) Commercial power outages. In the event of ors or property owner associations to Col-
prolonged commercial power outages be- lier County, concerning the franchisee's per-
yond battery capacity, the franchisee will formance under this section. Upon this
maintain the system with portable genera- evidence, besides investigating to deter-
tors at backup power locations to the limits mine compliance, Collier County may also
of the franchisee's equipment availability, request, and the franchisee shall supply,
in local inventory. monthly reports until the customer's com-
plaints subside or the county investigation
(e) Office hours and telephone availability. fails to verify non-compliance.
(1) Each franchisee must maintain local, toll- (5) Each franchisee shall maintain the follow-
free or collect-call telephone access avail- ing telephone statistics and provide a writ-
able to its subscribers 24 hours per day, ten summary report by franchise area which
seven days per week. shall include:
(2) Each franchisee shall have trained compa- a. Number of calls received; and
ny representatives who will be available to b. Number of calls answered within 30
respond to customer telephone inquiries seconds.
during normal business hours which shall
be from 8:30 a.m. to 5:00 p.m. each week- The summary report will be delivered to
day, excluding national holidays. Collier County within 20 days following the
Supp. No. 1 CD30:27
§ 30-55 COLLIER COUNTY CODE
end of the same period the statistics cover. be completed within 20 calendar days
Statistics will be maintained on all tele- and installations requiring a distribu-
phone operation centers. tion line extension will be completed
within 30 calendar days after a feasi-
(6) Under normal operating conditions, the cus-
tomer will receive a busy signal (a condi- bility study has been completed by the
tion of all trunks busy) less than three per- franchisee and an agreement has been
cent of the time. Customers will experience reached between the franchisee and in-
a busy signal not to exceed three percent of tended customer on construction costs,
the time on a cumulative basis on any busi- if any. The time provision shall not ap-
ness day during normal business hours as ply when conditions beyond the control
defined herein. Upon evidence of a signifi- of the franchisee prevent completion of
cant increase in customer complaints or oth- the installations. Such condition shall
er evidence of possible telephone service vi- include inability to obtain permits af-
olations as determined by Collier County, ter application has been made or the
lack of availability of necessary equip-
the franchisee shall perform measurements ment within a reasonable time period.
of compliance if internal equipment has the
capabfiity or the franchisee shall request This section does not impose any re-
the local telephone provider to perform tests quirement on the franchis ee to serve
to determine compliance or authorize the an area. For each violation of this sec-
local telephone provider to perform tests and tion, the subscriber shall not be charged
compile data at the request of Collier Coun- for the primary outlet installation
ty. In any event, the test times and inter- charge. The primary outlet installa-
vals shall be determined by Collier County. tion charge shall be credited to the sub-
scriber's account within the next bill-
(f) Installations, system andserviceoutages. ing cycle. This penalty shall be
automatically executed by the franchi-
(l) Customer service centers and bill payment see, but shall not apply if the customer
locations will be open at least during nor- refused service that was not at the re-
mal business hours as defined herein and quested service location as agreed. In
will be conveniently located. the latter case, the franchisee shall
(2) Under normal operating conditions, the fol- leave written notice to the subscriber
lowing four standards will be met no less of its effort to provide service.
than 95 percent of the time, measured on a b. Excluding conditions beyond the con-
quarte~y basis: trol of the franchisee, the franchisee
a. Standard installations will be per- will make a bona fide effort to correct
formed within six business days after (a) service interruptions no later than
an order has been placed. "Standard within 24 hours after the interruption
installations" are those that are locat- becomes known and (b) system inter-
ed up to 125 feet from the existing dis- rnptions within four hours after the in-
tribution system. This time limit shall terruption becomes known if between
not apply to installations requested in the hours of 6:00 a.m. to 12:00 mid-
advance ofmorethan sixbusiness days. night. If a system interruption is re-
In those cases, the applicable time lim- ported after 10:00 p.m., this require-
it shall be the requested date of instal- ment applies begirming at 8:00 a.m. the
lation. For purposes of calculating time, next day. The franchisee must begin ac-
unless otherwise provided herein, said tions to correct other service problems
time shall begin the next business day the next business day after notification
after an order has been placed or upon of the service problem. For each viola-
issuance of a permit, if required. In- tion of this section, each subscriber who
stallations in excess of 125 feet must does not receive service as provided
supp. No. 1 CD30:28
CABLE COMMUNICATIONS § 30-55
herein may request a credit of $10.00 an appointment. The appointment will
.per incident in the next billing cycle be rescheduled, as necessary, at a time
but not if(l) the customer refused ser- which is convenient for the customer.
vice, (2) the customer was not at home For each violation of this subsection d.,
or (3) the franchisee determines that each subscriber who does not receive
the request is not a valid one as sup- service as provided herein may request
perted by the service records. In the a credit of $10.00 per incident in the
case of a customer not being at home, next billing cycle but not if (1) the cus-
the franchisee shall leave written no- tomer refused service, (2) the customer
tice to the subscriber of its effort to cor- was not at home or (3) the franchisee
rect service. determines that the request is not a
c. The appointment window alternatives valid one as supported by service
for installations, service calls and oth- records. In the case of a customer not
er installation activities will be either being at home, the franchisee shall
a specific time or, at maximum, a four- leave a written notice at the subscrib-
er's home of its effort to provide ser-
hour time block (a.m. or p.m.) during
normal business hours. (The franchi- vice. However, calls on which subscrib-
ers were at fault will not be eligible for
see may schedule service calls and oth-
this credit as documented in service
er installation activities outside of nor-
records.
mal business hours at the express
convenience of the customer.) A fran- (3) If there is evidence of non-compliance with
chisee may not cancel an appointment customer credits as provided in this sec-
with a customer after the close ofbusi- tion, upon request by the county, each fran-
ness on the business day prior to a chisee shall provide the county manager's
scheduled appointment. For such vie- office a monthly report of non-compliance
lation of this subsection c., each sub- with requirements of this section and re-
scriber who does not receive service as suiting credits. This report shall be provid-
provided herein may request a credit ed to the county manager by the 20th of
of $10.00 per incident in the next bill- each month following the reporting period.
ing cycle but not if (1) the customer
refused service, (2) the customer was (g) Communications between franchisee and
not at home or (3) the franchisee deter- subscribers.
mines that the request is not a valid (1) The franchisee shah provide written infer-
one as supported by service records. In mation on each of the following areas at the
the case of a customer not being at time of installation of service, at least an-
home, the franchisee shall leave a writ- nually to all subscribers, and at any other
ten notice at the subscribers's home of time upon request: (1) product and servic-
its effort to provide service. However, es, (2) prices and options for programming
calls on which subscribers were at fault services and conditions of subscription to
will not be eligible for this credit as programming and other services, (3)instal-
documented in service records. lation and service maintenance policies, (4)
instructions on how to use the cable ser-
d. If a franchisee representative is run-
vice, (5) channel positions of programming
ning late for an appointment with a
customer and will not be able to keep carried on the system and (6) billing and
the appointment as scheduled, the cus- complaint procedures, including the address
tomer will be contacted. The franchi- and telephone number of the local fran-
chise authority~s cable office.
see will make a bona fide attempt to
reassign the appointment to another (2) Customers will be notified of any changes
agent or employee prior to canceling in rates, programming services or channel
Supp. No. 1 CD30:29
§ 30-55 COLLIER COUNTY CODE
positions, as soon as possible through an- (3) No authorization for procurement or dis-
nouncements on the cable system and in semination of subscriber-identifiable infor-
writing to each customer. Notice must be mation or data shall be valid unless it does
given to subscribers a minimum of 30 days the following:
in advance of such changes if the change is
a. Specifies the type or types of informa-
within the control of the franchisee. In ad- tion or data covered; and
dition, the franchisee shall notify subscrib-
ers 30 days in advance for any significant b. Identifies the parties authorized to col-
changes in the other information required lect, receive, store, record, transmit or
in the preceding paragraph. otherwise convey this information or
data.
(3) Bills will be clear, concise and understand- All authorizations shall specify the maxi-
able. Bills must be fully itemized, with item- mum period of time that any subscriber-
ization including, but not limited to, basic identifiable information or data shall be pre-
and service tiers and premium service served in any manner or form.
charges and equipment charges. Bills will (4) A written copy of all subscriber-identifiable
also clearly delineate all activity during the information or data which is retained and/
billing period, including optional charges, or disclosed and the disposition of this in-
rebates and credits. formation or data, together with any expla-
nation necessary to make it understandable
(4) In the case of a billing dispute, the franchi- to the subscriber, shall be provided to the
see must respond to a written complaint affected subscriber within 30 days of pro-
from a subscriber within ten days after re- curement except that information which is
ceipt at the local franchisee's office.
necessary for purposes of billing the sub-
scriber or keeping the subscriber informed
(5) Refund checks will be issued promptly, but of programming. Further disclosure shall
no later than either (a) the customer's next be fully detailed in writing to the affected
billing cycle following the resolution of the subscriber within 30 days of such disclo-
request or 30 days, whichever is earlier, or
sure.
(b) the date of return of the equipment sup- (i) Miscellaneous.
plied by the franchisee if service is termi-
nated. Credits for service will be issued no (1) The franchisee shall grant pro-rated cred-
later than the customer's next billing cycle its upon request by subscribers experienc-
following the determination that a credit is ing outages for more than 24 hours. The
warranted. credit shall be retroactive to the beginning
of the outage.
(h) Privacy/use of data. (2) Any of the customer service standards may
be waived by the county manager's office
(1) The franchisee shall comply with all feder- for no-competitive (overbuilt) systems of
al and state laws regarding the collection small size if found to be impractical when
and storing of individual subscriber infor- comparing costs versus subscriber benefits.
mation. (i) Interest on subscriber deposits. If and when
the franchisee collects deposits from its subscrib-
(2) The county or the franchisee shall not, with- ers, it shall pay interest at an annual rate equal
out prior valid written authorization from to the legal rate pursuant to Florida Statutes on
each subscriber so affected, provide any data any deposit of $100.00 or more as required of a
identifying subscriber's name or address to subscriber. The franchisee may elect to pay such
any person except as provided by law and interest annually in the form of credits to sub-
pursuant to procedures established by state scriber accounts.
and federal law. (Ord. No. 88-90, § 30; Ord. No. 94-12, § 4)
supp. No. 1 CD30:30
CABLE COMMUNICATIONS § 30-59
Sec. 30-55.1. Rate regulation. the franchisee shall have the right to modify,
amend, delete or otherwise change any of the pro-
The county may, in its sole discretion, regulate visions of this article to such reasonable extent as
cable television rates pursuant to the provisions may be necessary to carry out the full intent and
of the Federal Cable Act then in effect and the
purpose of this article. In the event that the coun-
rules, regulations, and orders of the Federal Com- ty does not make such modification, the franchi-
munications Commission as they may be amend-
see agrees to continue to conform to the provi-
ed or superseded from time to time. sions of this article until such time as it is
(Ord. No. 94-12, § 5) prohibited from doing so by operation of law. The
county and the franchisee may amend the license
Sec. 30-56. General penalties. granted hereunder in the event the county or the
Any person violating any of the provisions of franchisee determines that substantial and mate-
this article, upon conviction thereof, shall be pun- rial compliance with the original terms of this ar-
ished by a fine not exceeding $500.00 for each ticle has been frustrated by any such state, coun-
ty or federal requirement.
offense, or by imprisonment for a term not to ex-
ceed 60 days, or by both such fine or imprison- (Ord. No. 88-90, § 32)
ment within the discretion of the courts.
Sec. 30-58. Personal liability of county offi-
(1) It shall be unlawful for any person to make cials.
any unauthorized connection, whether phys-
ically, electrically, acoustically, inductively Any officer or employee charged with the en-
or otherwise, with any part of a franchised forcement or administration of this article, acting
CATV system within the unincorporated for the applicable governing body in the discharge
area of the county for the purpose of en- of his duties, shall not thereby render himself li-
abling himself or others to receive any tele- able personally; and he is hereby relieved from all
vision signal, radio signal, pictures, pro- personal liability for any damage that may accrue
grams or sound. to persons or property as a result of any act re-
quired or permitted in the discharge of his dutieS.
(2) It shall be unlawful for any person, without Any suit brought against any officer or employee
consent of the owner, to willfully tamper because of such authorized act performed by him
with, remove or vandalize any cables, wire in the enforcement of any provision of this article
or equipment used for the distribution of shall be defended by the county or its representa-
television signals, radio signals, pictures, tives until the final termination of the proceed-
programs or sound. ings.
(Ord. No. 88-90, § 31) (Ord. No. 88-90, § 33)
State law references--Penalty for ordinance violations,
F.S. § 125.69; trespass and larceny with relation to utility
fixtures, F.S. § 812.14; unauthorized reception of cable televi-Sec. 30-59. Review of orders and decisions.
sion services, F.S. § 812.15.
Any person aggrieved by any nonlegislative or-
der or decision of the board shall have the right to
Sec. 30-57. Subsequent action by state or
federal authorities. petition the board for a rehearing and reconsider-
ation of any order, regulation or decision. Such
Should the state, the FCC or any other agency petition must be filed within ten days following
of the federal government subsequently require the rendition of such order, regulation or decision.
the franchisee to perform any act which is incon- The effect of the filing of a petition for a rehearing
sistent with any of the provisions of this article or shall operate to stay the order or decision sought
cease to perform any act required by this article, to be reviewed until the petition is disposed of. If
the franchisee shall so notify the county. Upon a petition for rehearing has been denied, such ag-
receipt of such notification, the county shall de- grieved party may have such order or decision
termine if a material provision of this article is reviewed by certiorari to the county circuit court
affected. Upon such determination, the county and or by such other proceedings as may be prescribed
Supp. No. 1 CD30:31
§ 30-59 COLLIER COUNTY CODE
by court rules, within 30 days after the disposi- Sec. 30-63. County's right of intervention.
tion of their petition for rehearing. The proceed- The county hereby reserves to itself at its own
ings before the board shall be deemed quasijudi- expense, and the franchisee acknowledges the
cial in nature, and such review shall be limited to
county's fight to intervene in any suit, action or
the record made before the board. proceeding involving the franchise granted here-
(Ord. No. 88-90, § 34) under or any provision in this article.
(Ord. No. 88-90, § 38)
Sec. 30-60. Superseding of agreements.
This article will govern all activities of cable
television franchisees in the unincorporated areas
of the county to the extent that such activities
may be regulated. Franchise agreement provi-
sions will govern any activities of the parties not
specifically regulated by this article. In the event
an inconsistency exists between provisions of a
franchise agreement existing prior to the enact-
ment of this article [November 15, 1988] and the
provisions of this article, this article shall control.
(Ord. No. 88-90, § 35)
Sec. 30-61. Amendments.
This article may be mended at any time by a
majority vote of the prope~y constituted board,
provided that the board shall hold a public hear-
ing for such purpose and afford all interested per-
sons an opportunity to be heard with respect to
such amendment. The county administrator shall
submit notice of the public hearing and proposed
amendments to each franchisee in writing at least
30 days prior to said public hearing. This reser-
vation of authority includes the right to reimpose
rate regulations at such future date as it may be
deemed necessary by the board if current federal
laws allow such regulation.
(Ord. No. 88-90, § 36)
Sec. 30-62. Rights and remedies cumulative.
The rights and remedies set forth in this article
are cumulative and shall be in addition to and not
in derogation of any other rights or remedies which
the parties may have with respect to the subject
matter of this article, and a waiver thereof at any
· time shall not affect any other time.
(Ord. No. 88-90, § 37)
Supp. No, I CD30:32
January 19, 1999
Item #3D
FUNDING OF LAW ENFORCEMENT SERVICES PROVIDED BY THE COLLIER COUNTY
SHERIFF'S OFFICE WITHIN THE CITY OF MARCO ISLAND - APPROVED
The next item, 3-D, is funding of law enforcement services
provided by the Collier County Sheriff's Office within the City of
Marco Island.
Considerations: The most recent proposal, as approved by the
Board of County Commissioners, was that the city contribute $526,500,
which is the county's estimate of Marco Island's fair-share portion
of the sheriff's budget for the period of 10-1-98 through 4-1-99; at
which time, the city may be in a position to provide its own law
enforcement. Subject -- subsequent payment would then be determined,
based on the city's delay in implementing its own law enforcement
program after April 1 of '99.
The city counter-proposed that a payment of $200,000 per fiscal
quarter be made, less certain adjustments. These adjustments would
be to offset the actual funds spent by the city in developing its
public safety presence, as certified by the city manager.
This counter-proposal was discussed by the Board of County
Commissioners, and the commissioners raised questions regarding the
requested deductions.
It was at that time that the board requested that a joint
meeting be arranged in an effort to bring this issue to closure.
Recommendation: It is recommended that the Board of County
Commissioners and the City Council hold a discussion to determine an
acceptable fair-share contribution to be paid by the city to the
county for services provided to the city by the Collier County
Sheriff's Office.
It is further recommended that each board authorize the
respective staff to prepare and execute the necessary budget
amendments. Approved by A. William Moss, city manager, City of Marco
Island, and Robert Fernandez, county administrator, Collier County.
And Chairwoman Mac'Kie, if you would lead us into that.
CHAIRWOMAN MAC'KIE: Is there discussion of this item on the
board? Commissioner Constantine?
COMMISSIONER CONSTANTINE: My understanding is that the city --
and I may not have this number exactly right -- but has budgeted
approximately 1.2 million for development in law enforcement for this
fiscal year. Collier County believes the amount that is the proper
amount to pay for the service being provided for the full year is
about 1,053,000. You all have talked about 800,000 as what you think
is the fair amount.
I think, and from the discussions the board has had on this in
the past, I think while we disagree with that amount, we could
probably live with that compromise. The concern comes in with the
Page 13
January 19, 1999
less certain adjustments portions of that, for a number of reasons.
And one is this kind of an unknown factor.
But the sheriff right now is put in a very awkward position in
the middle of all this just trying to pay his bills, and as a result
has gone to the governor trying to get this extra amount made up.
If we agree to an amount today, at 800,000 or above, I am
guessing -- I haven't had this conversation with the sheriff, but I
am guessing that probably makes his pursuit at the state level moot.
If he has an unknown amount, I suspect he would have to continue on
and pursue that at the state, because he doesn't know what he's going
to get at the end of the year.
So I think it is not just a matter of us disagreeing on the
amount, I think it's a matter of practicality for the taxpayers of
Marco and taxpayers of all the county, because not only will they
then be paying for law enforcement, but they'll be paying for the
sheriff to travel back and forth to Tallahassee and all the
associated expenses, and suddenly that $200,000 difference we've
argued about comes into maybe a couple of hundred thousand dollars of
additional expenses over and above that.
What I need a little help with is you have left a cushion
between your offer of 800,000 and what you have budgeted at 1.2
million, of about $400,000. And it seems to me, and in a reasonable
manner, that that would be adequate to work on the development,
bringing on your person who is going to develop that and spending the
next few months even training some new folks. That appears to leave
adequate funds to do that in any period that you are utilizing
sheriff services.
So I would ask that you reconsider the idea of just a flat
payment, as one commissioner would be willing to accept the quarterly
$200,000 payment, if we did not have the less expenses category
there. That leaves you $400,000 to develop what you need to. I
think hopefully by -- certainly by the beginning of next fiscal year,
you folks may be in a position to have your own services there, and
the issue goes away for the coming budget year.
But I think that's a fair compromise. I don't want to spend a
lot of time arguing between the million and the 800,000. But if we
have that unknown deduction, does that become 600,000 or 500,000,
there's no way to know it, and that becomes a much bigger
differential.
CHAIRWOMAN MAC'KIE: And just for purposes -- I don't know if
you want to hear from each of us or how we might go about this, but -
CHAIRMAN BRANDT: Your choice.
CHAIRWOMAN MAC'KIE: But in the interest of brevity, which is --
this is not normal, but he just said exactly how I feel. That
doesn't often happen.
COMMISSIONER NORRIS: Take a picture of this.
Page 14
January 19, 1999
CHAIRWOMAN MAC'KIE: Yeah, somebody take a photo.
Because that is a real accurate summary of how I feel. I'm not
crazy about the 800,000, would like to know where the number came
from, could talk about that forever, but more importantly think that
$400,000, if we are correct about your million, two budget, appears
to be adequate to develop a system.
And if that assumption is correct and that -- I don't know how
to budget an unknown number, and it feels like that's what you're
asking us to do. And I don't know how the sheriff can spend an
uncertain number on something as critical as law enforcement. I said
I'd be brief and now I'm not, so I'll stop.
COMMISSIONER CONSTANTINE: Just to summarize, the most important
thing, obviously both of us want to provide, law enforcement. Make
sure the community has law enforcement at the price we budgeted. And
I think what we're suggesting allows both of us to do that. It
allows the sheriff to go ahead and do his job, it allows you to go
ahead, what you've laid out, for developing your own.
CHAIRWOMAN MAC'KIE: Are there other comments from the board, or
would you like to hear from the council at this time?
COMMISSIONER NORRIS: I think that's the heart of the matter.
I'd like to hear the response from council.
COMMISSIONER BERRY: I would, too. And then perhaps when we get
done, I would like to know the 800,000, and let's go back to the
million, 53 and all that kind of --
CHAIRMAN BRANDT: Okay. Like you, we're somewhat concerned
about the numbers as well. We don't know where the million, 053 came
from, and so we'd like some ideas about that. But I'd like to open
it up for discussion.
Councilman Pettersen?
COUNCILMAN PETTERSEN: Yeah, first I'd like to say that I'm so
happy that we're having this dialogue face-to-face. It was
Commissioner Tim Constantine and myself who proposed to have a joint
meeting back in May of last year, and --
COMMISSIONER CONSTANTINE: It's just government, Kjell. It just
took us seven months to get there.
COUNCILMAN PETTERSEN: And the road since then has been a little
bumpy here and there; that perhaps it could have been smoother had we
had that joint meeting. And I'm pleased the way this is going.
On behalf of Marco, we have done some compromising, something
that I'm certain on some things that we weren't aware of what
happened.
One item is that we accepted the bridges. We accepted the
bridges in the condition they're in. We have now been charged and
find that we're faced with a 2.2 million dollar -- and it could be as
high as 2.5 million dollar -- bill to bring the bridges back to the
condition that they should be in.
Page 15
January 19, 1999
So I just wanted to mention that, that we have gone what I
believe is a mile or more so far.
CHAIRMAN BRANDT: Anyone else?
COUNCILMAN TUCKER: Mr. Chairman?
CHAIRMAN BRANDT: Yes, Councilman Tucker.
COUNCILMAN TUCKER: You know, I regret that we haven't addressed
this before with our manager in our meetings, but I would like to ask
Mr. Moss, relative to what Mr. Constantine said, do you have even a
wild guess as to what you expect to spend during the third and fourth
quarters? We've already paid for the second quarter, haven't we?
MR. MOSS: Councilman, when you say pay for the second quarter,
you know, we're in the second quarter now, so we haven't spent
anything in that regard.
COUNCILMAN TUCKER: No, no, I'm talking to the county. We
already sent four -- we haven't sent any money?
CHAIRWOMAN MAC'KIE: No money has been sent.
COUNCILMAN TUCKER: Certainly a $400,000 if we reach agreement.
MR. MOSS: Yeah, to maybe partially answer your question, I
would not anticipate any substantial expenditure of public safety
funding before the end of the second quarter. So there's 400,000
right there that I don't think will get addressed, if we abide by
your recommendation that we not include the public safety director as
part of this reduction.
COUNCILMAN TUCKER: But do you have a rough idea in the third
and fourth quarters?
MR. MOSS: No, sir.
COUNCILMAN TUCKER: Any idea at all?
MR. MOSS: You know, I'll have a real good idea within three to
four weeks, but I'm sorry, I don't have that now.
COUNCILMAN TUCKER: Well, Mr. Chairman --
CHAIRWOMAN MAC'KIE: Even a ballpark?
COUNCILMAN TUCKER: -- at the risk of appearing to be too
conciliatory, I can accept what Mr. Constantine is saying.
CHAIRWOMAN MAC'KIE: Oh, thank goodness. Isn't that wonderful?
COUNCILMAN SOLDENWAGNER: Mr. Chairman?
CHAIRMAN BRANDT: Yes, Councilman -- Vice-chairman Soldenwagner.
COUNCILMAN SOLDENWAGNER: Let me preference my statements by
first of all saying that I was on the short end of a six-one vote to
even offer 800,000. I need to say that up front. I think that the
sheriff's funding is something that we probably have to look at long
term. I'm talking specifically about the County Commissioners.
Different counties do that in different ways. And I'm not
certain that when one does some kind of statistical analysis as to
how much money is required for a sheriff's office and, for example,
in the general fund we spend to the tune of about four and a half
million dollars.
Page 16
January 19, 1999
Now, Mr. Pettersen raised a very interesting issue here. And I
have confirmed this, and I don't think anything has changed since
I've asked our city attorney whether or not there was a legal
requirement to expend any funding at all for this particular purpose.
And that response was no, there was no legal mandate to do that.
Now, Mr. Pettersen indicated to you something I think that was
very important. We got a tremendous education on bridges last night.
The learning process is a never-ending one for us here in the city.
And some pretty staggering numbers.
And the fact of the matter is that the terminology has been
used, fair share, as to what fair share is for law enforcement. And
perhaps maybe that needs to also be applied to fair share of things
like bridges for -- you know, it's obvious that the deterioration of
these bridges didn't commence on August 28th, 1997.
And we got some reports last night regarding sufficiency ratings
and in the 40's, in the low 50's. So we've got some significant
problems. And I'm wondering if the fair-share aspect is going to be
applied to law enforcement.
And again, I think there could be a real argument as to Marco
already paying its fair share. I'm somewhat familiar with how
budgets work, especially in law enforcement.
And I think we also have to look at long term, about how the
funding will happen in future years with law enforcement, with
municipalities that select to have their own indigenous law
enforcement and those areas that don't. You'll have some counties,
for example, that have 28 and 30 municipalities, each one of them
having their own municipal law enforcement and still having sheriff's
budgets to the tune of 150 million. So I think some of these things
really have to be addressed, and maybe the methodology we need to
look at in the future.
But having said all that, that's not for today. I just want to
let you know that I think Marco is already paying its fair share. I
would be opposed to dollar one being expended in this area.
And that argument is even made stronger in my mind by the fact
that it was related to me when I have brought up the bridges in the
past that quote, unquote, there would be no legal requirement for us
to attempt to get these funds for the city, so you incorporate it
now, you have to live with it, quote, unquote.
So I'm thinking in light of that, my position is even stronger
at this particular point that I would not be able to support any
additional funding for the Collier County Sheriff's Office for the
City of Marco.
COMMISSIONER CONSTANTINE: Just a quick question.
COUNCILMAN SOLDENWAGNER: Sure.
COMMISSIONER CONSTANTINE: Did that quote come from one of the
commissioners?
COUNCILMAN SOLDENWAGNER: Which quote are you -- I mentioned --
Page 17
January 19, 1999
COMMISSIONER CONSTANTINE: What you concluded with there, that
well, you're just going to have to live with it.
COUNCILMAN SOLDENWAGNER: No, no. No, I'm sorry, that was not
attributed to a commissioner. No. No, that was -- that might even
have came from one of my colleagues.
COUNCILMAN TUCKER: Yes, it did.
COUNCILWOMAN SCHULER: I have a question.
CHAIRMAN BRANDT: Councilman Day?
COUNCILMAN COWIN: No, I was up first.
Just to say, though, that I concur with Commissioner Constantine
and support Mr. Tucker's position as well.
As someone said earlier, there's so many things we could sit
here and debate, but for the sake of moving ahead, I think these
issues could be revisited down the road. I'd like us this morning,
though, to hopefully wrap this up. And I think your comments are
reasonable and I can accept it. Mr. Day.
CHAIRMAN BRANDT: Councilman Day?
COUNCILMAN DAY: Thank you. By way of a compromise, I think
that this is what I'd be willing to support, the 200,000 -- or the
two quarterly payments, two quarterly payments in the amount of
$200,000. So you absolutely know that for the two quarters that you
addressed in your proposal, you know what you're going to get. After
which we would deduct whatever amount we spend on law enforcement,
which may not be that much this year.
The other concessions that I would propose is that there was
language in our proposal that was on the table that this was a
voluntary payment, not required. We still feel that way.
But I think it left the impression with you, Commissioner, that
we didn't have to pay it every quarter this year. Since it was
voluntary, we could bail out of it sometime during the year. That
isn't our intention.
Our intention is that that's the deal for this year, and next
year is another case. We all have our budgets next year. We can't -
we couldn't agree on what we're going to do next year if we wanted
to.
The other thing that I thought might be somewhat offensive to
you that I'd be willing to cave on is the language that said we would
deduct the amount of money that we spend on law enforcement, as
determined by the city manager. I would like to change that to the
documented amount we spend on law enforcement.
So that the package that I'd like to propose, because I will not
support $800,000 hard, is hard payments for two quarters of the
entire amount. And then change the language so that it's the
documented amount deducted thereafter for our own law enforcement,
and it is guaranteed for this year that the payments will be made
every quarter.
Page 18
January 19, 1999
CHAIRWOMAN MAC'KIE: If I could, Mr. Chairman, ask. I may be
overly optimistic, but I thought that I saw four heads nodding on
your side -- at least four heads nodding in acceptance of the
proposal made by Commissioner Constantine. I wonder if we might be
able -- if you would be willing to take a straw vote of some kind on
your side.
CHAIRMAN BRANDT: First of all, I want to hear from Councilwoman
Schuler, and I did not nod my head.
CHAIRWOMAN MAC'KIE: I didn't count you. I didn't count you. I
didn't count you. Because you would have been number five.
COMMISSIONER CONSTANTINE: I just want to know how the
stenographer is recording head nodding.
CHAIRMAN BRANDT: Right.
Councilwoman Schuler.
COUNCILWOMAN SCHULER: Okay. I also support Mr. Constantine's
motion.
And there was a question brought up. I don't know if it's
appropriate, but as far as the sheriff and perhaps dropping these
services (sic) if the 800,000 were there. Is that appropriate at
this time, to ask him if that would be it, or whether --
CHAIRWOMAN MAC'KIE: About whether or not he would drop his
appeal if he got an $800,000 addition to his budget?
COUNCILWOMAN SCHULER: Is that appropriate?
CHAIRWOMAN MAC'KIE: That would be a fun question to ask him. I
don't know if it's --
COUNCILWOMAN SCHULER: I'm asking it. I like it.
CHAIRWOMAN MAC'KIE: -- it's appropriate.
COUNCILWOMAN SCHULER: Does he want to address that issue?
CHAIRWOMAN MAC'KIE: Would you be willing to hear Mr. Hunter?
COUNCILWOMAN SCHULER: And then I want to add a couple of
comments after that.
CHAIRMAN BRANDT: I think that would be fine.
SHERIFF HUNTER: Would you repeat the question?
COUNCILWOMAN SCHULER: I think you heard it.
SHERIFF HUNTER: Would I be willing to drop the appeal?
CHAIRWOMAN MAC'KIE: Does the appeal end if you have $800,000
added to your budget?
SHERIFF HUNTER: Would the appeal end with that?
CHAIRWOMAN MAC'KIE: Uh-huh.
SHERIFF HUNTER: Well, for the record, Don Hunter, Sheriff of
Collier County.
The 800,000 is just one issue of the appeal, as the board knows.
And the appeal I prefer to go forward with, because it involves a
number of different legal issues, constitutional issues that we want
now reasoned out and finalized once and for all.
The 800,000 gets us a lot closer, obviously, to the number that
we need. The 1,053,000, which was a question that came up
Page 19
January 19, 1999
previously, if I may address that real quickly, was a number that was
worked out with the public safety advisory board of the council. In
the early days of the council, I believe your chair was Mr. Bob
Stakicho
We merely generated a number at the committee's request to try
to determine what in numerical terms Marco Island proper, now proper,
would constitute of our total call for service bays, and that number
is fit to that. So that's a real number, but of course we could
always agree to base it upon some other mechanism.
CHAIRWOMAN MAC'KIE: Sheriff, would the -- would an $800,000
payment end the -- you said there were constitutional and other
issues, but would the $800,000 increase in your budget end the fiscal
elements of the appeal?
SHERIFF HUNTER: Well, when you compare 800,000 to 1,053,100, if
those are the real numbers -- and we believe that those are the real
numbers, based on the number of calls for service as we had discussed
at length with the Board of County Commissioners -- it gets us much
closer, but it leaves us about $200,000 short.
CHAIRWOMAN MAC'KIE: It's just in the past, when I try to think
of -- and I guess you're right, Ms. Schuler, this is probably not the
right place for this. But in the past we certainly have made
reductions to your budget request greater than $200,000, and that did
not result in an appeal to the governor, so I guess I was hopeful
that the $200,000 cut could be absorbed somehow, but --
COMMISSIONER CONSTANTINE: It would probably be interesting to
see how much we're going to expend traveling back and forth to
Tallahassee and paying attorneys to argue that case, too, over
$200,000. So hopefully that if you choose to do that, it's cost
effective.
COUNCILMAN PETTERSEN: Sheriff Don Hunter --
SHERIFF HUNTER: Well, of course it would be a shared expense
with the board.
COMMISSIONER CONSTANTINE: Actually --
SHERIFF HUNTER: And I'm surprised that my --
COMMISSIONER CONSTANTINE: -- it's all taxpayer money --
SHERIFF HUNTER: -- opponent is not here.
COMMISSIONER CONSTANTINE: -- that's my point.
MR. McNEES: It's one pocket.
COMMISSIONER CONSTANTINE: It's not you, it's not me, it's all
taxpayers.
SHERIFF HUNTER: Absolutely.
CHAIRWOMAN MAC'KIE: One pocket.
SHERIFF HUNTER: Absolutely. We argued this at length, and I
don't believe the council needs to go through the argument again with
the Board of County Commissioners. That will be determined by the
governor and cabinet.
COMMISSIONER CONSTANTINE: Yes, it will.
Page 20
January 19, 1999
SHERIFF HUNTER: It's not my choice to go there. I've been
forced to go there on a constitutional basis. I intend to go there.
We unfortunately are $200,000 short, based on our agreements,
reviewing all the numbers of what the cost for services, based on
calls for service, not patrol time, the cost of service on Marco
Island would be.
COUNCILMAN PETTERSEN: Could I ask the Chair --
SHERIFF HUNTER: And we have already argued this point.
COUNCILMAN COWIN: Chair, if --
CHAIRMAN BRANDT: Counselor Pettersen wants to talk first.
Thank you.
COUNCILWOMAN SCHULER: Don't forget, I --
COUNCILMAN PETTERSEN: In -- we have some competition, yeah.
In jest, had you accepted the Governor's appointment, would we
be faced with this problem now?
SHERIFF HUNTER: Yes, this is a constitutional issue facing the
office of sheriff in Collier County, as well as some other counties,
and I think you would be faced with the issue, nonetheless.
COUNCILMAN DAY: Let me clarify one thing with you, Sheriff.
That is not the only -- the million dollars is not the only basis of
your appeal in Tallahassee; isn't that true? SHERIFF HUNTER: That's correct.
COUNCILMAN DAY: You're appealing three million dollars that
should be placed in your reserve fund. SHERIFF HUNTER: Correct.
COUNCILMAN DAY: So, you know, the million dollars would not
necessarily -- whether it's 800,000 or a million -- cause you to
withdraw your appeal, would it?
SHERIFF HUNTER: Correct.
COUNCILMAN DAY: Okay.
SHERIFF HUNTER: But if the appeal is successful, the reserves
will probably help go some direction towards the 200,000.
COUNCILMAN DAY: The other thing that always comes to my mind
when we talk about Marco Island paying its fair share for road patrol
-- and I realize it's numbers in microcosm, but for 24 years, this
Everglades City has not paid a penny for its road patrol. And now
all of a sudden Marco Island is going to have to pay its fair share,
when they haven't paid anything for road patrol as a city in your
county, our county, for 24 years.
CHAIRWOMAN MAC'KIE: The City of Naples? I'm sorry, I didn't
hear that. Were you --
COMMISSIONER BERRY: The City of Everglades.
But they also do not have a substation located in their city
limits either.
COUNCILMAN DAY: It doesn't make any difference.
CHAIRWOMAN MAC'KIE: Well, it does.
Page 21
January 19, 1999
COUNCILMAN DAY: If the substation was on the other side of the
bridge it wouldn't make any difference on our --
CHAIRWOMAN MAC'KIE: On our side, if I could ask our group,
let's hear the rest of the comments from the City Council, and then
we'll respond in a little more organized way. Because if we get out
of control, we'll be debating all day.
CHAIRMAN BRANDT: Okay. Councilwoman Schuler?
COUNCILWOMAN SCHULER: Yes, thank you, Sheriff Hunter.
My other comment was, I'm not sure that it's absolutely clear,
and I do want to make it, that our council, when we did discuss this,
directed that nothing come out of this PSO budget until we approved
it. And our officer -- PSO director that we hired is not coming out
of this PSO budget. So that's not subtracted.
So anything would have to come to us and be approved by us
before it's taken out of this money that we're anticipating giving
you.
CHAIRWOMAN MAC'KIE: Thank you.
COUNCILWOMAN SCHULER: And we have made no decisions yet.
CHAIRMAN BRANDT: At this point I do -- excuse me, Councilman
Tucker?
COUNCILMAN TUCKER: I'll go after you.
CHAIRMAN BRANDT: Okay. At this point, I can't support
Commissioner Constantine's support (sic). I could support Councilman
Day's approach.
Councilman Tucker?
COUNCILMAN TUCKER: While it would appear from the comments that
we wouldn't get support of four people, I don't think, but maybe we
ought to find out.
Let me make a comment and then a motion. My comment is, and my
recollection and feeling is, the $800,000 was a compromise number.
And we don't necessarily have a lot of confidence in the number that
Sheriff Hunter gave us and do not believe he intentionally
manipulated the number, we just have other -- there are other
analyses that can be made to that number. And it's going to be a
compromised number. If it had been a million, 53, it would have been
a compromised number, because it is a voluntary payment which we are
under no legal obligation to make, so it's obviously a compromise.
One of the things that Commissioner Constantine said that made
so much sense to me -- everything you've said -- that everybody says
makes sense; unfortunately, we don't all agree -- was he wants a
certain number, and it's a compromised number.
I would suggest that if you don't -- if we don't pass the motion
I'm about to make, that maybe he would allow me to make another
motion and let the Commission consider it, and that we pay $700 -- at
the rate of $175,000 a quarter.
Page 22
January 19, 1999
So first I will make a motion that we adopt Commissioner
Constantine's suggestion of paying $200,000 a quarter for fiscal year
'99, with an immediate payment of $400,000 to bring us up to date.
COI/NCILWOMAN SCHULER: I'll second that motion.
CHAIRMAN BRANDT: Okay, we have a motion to adopt the proposal
as presented by Commissioner Constantine, we have a second to that
motion. Now we'd like some discussion.
COUNCILMAN PETTERSEN: Having listened to the discussion, I
support that motion.
CHAIRMAN BRANDT: Is that it?
COUNCILMAN PETTERSEN: That's it.
COUNCILMAN COWIN: Discussion? We're in discussion?
CHAIRMAN BRANDT: Yes, Mr. Cowin.
COUNCILMAN COWIN: Discussion?
CHAIRMAN BRANDT: Yes, we're in discussion.
COUNCILMAN COWIN: Commissioner Berry asked the question, she
wanted to hear a little more about that number. As he correctly
stated, the million, 053 came out of our own public safety committee.
It was generated by a gentleman by the name of Carl Otto, and he
approached, I believe it was, Crystal Kenzel (phonetic) to get some
statistics, which she did provide. And it was the total number of
calls and so forth and so on.
That number then was taken and applied to the MSTD revenue, a
million five, as a ratio. As simple as that. It was a very crude
approach. And that's where the million, 053 came from. Sheriff
Hunter has indicated to me personally, he says I didn't generate it.
No, he provided some data. The number was an extrapolation of the
million, five, which was the original MSTD.
It wasn't done, in my opinion, taking into the account the
waiting of calls, if you will. I mean, there's no other -- other
than that ratio approach, that's all we did. Rather crude.
The fact that the substation does provide calls outside the
area, are they weighted more than those that are -- and so forth, so
on. So you get into a great debate. It never would be scientific.
I know that from my own personal experience and having worked on
these numbers twice around now on this past campaign, I'm comfortable
with your position. I think that the $800,000 is reasonable.
I was prepared to support Mr. Pettersen's motion, which was
amended by Mr. Day, originally at 225,000 a quarter, which brings it
closer to the number that a member of the taxpayers' association
developed. We came up with a number, about $860,000, and this is
during the campaign.
So that's why I say, the other number was fine, but of course
Mr. Day's recommendation was to come back in at 800. So fine, I
accept that.
So I'm comfortable with the number we're talking about. I don't
think we're that far off the mark in what we're talking about. It's
Page 23
January 19, 1999
somewhere between the 800 and the million. And with that, again, I
will support the motion.
COUNCILWOMAN SCHULER: Question?
CHAIRMAN BRANDT: Before we call the question, I want to make a
point that there are no registered public speakers requesting to
speak to this item at this point.
COUNCILMAN DAY: I'd like to restate the motion, if I --
COUNCILMAN TUCKER: Mr. Chairman, may I? I did want to clarify
the motion.
CHAIRMAN BRA/qDT: You want to clarify the motion?
COUNCILMAN TUCKER: Yes, but --
CHAIRMAN BRANDT: Okay.
COUNCILMAN TUCKER: -- I mean, we started off by saying each one
of these items, C and D, was going to be interdependent. CHAIRMAN BRANDT: Yes.
COUNCILMAN TUCKER: So what I'm moving is that we accept
Commissioner Constantine's suggestion, 200,000 a quarter for fiscal
'99, in concept, subject to our approval of C and D as a package.
CHAIRWOMAN MAC'KIE: That's fine.
COUNCILMAN DAY: Subject to what?
CHAIRMAN BRANDT: Subject to the approval of C and D as a
package.
COUNCILWOMAN SCHULER: I'll second that.
CHAIRMAN BRANDT: And you second that?
COUNCILWOMAN SCHULER: Absolutely.
CHAIRMAN BRANDT: You'll agree with that.
Okay, since there are no public individuals signed up to speak
on this issue, all in favor of the motion?
COUNCILMAN TUCKER: Aye.
COUNCILWOMAN SCHULER: Aye.
COUNCILMAN PETTERSEN: Aye.
COUNCILMAN COWIN: Aye.
CHAIRMAN BRANDT: Those opposed?
COUNCILMAN DAY: Aye.
COUNCILMAN SOLDEN'WAGNER: Aye.
CHAIRMAN BRANDT: Aye.
So it sounds like four-three.
COUNCILMAN COWIN: Which way?
CHAIRMAN BRANDT: Approved. Four-three approved.
Do you want a roll call?
COUNCILMAN COWIN: No, no, no, I'm satisfied with your ruling.
CHAIRWOMAN MAC'KIE: On this side, do we need to make a motion
to --
COMMISSIONER BERRY: I'd like to hear from our staff and see
what -- when we're talking about this, just exactly where we're at
here, what this is going to do in our budget and so on.
MR. McNEES: On item D --
Page 24
January 19, 1999
COMMISSIONER BERRY: Yes.
CHAIRWOMAN MAC'KIE: -- on the sheriff's -- the law enforcement
issue?
COMMISSIONER BERRY: Uh-huh.
MR. FERNANDEZ: This will involve the county using a revenue
figure of $800,000 in our budget. It will increase contributions to
the Sheriff's Department that amount.
This constitutes roughly one-third of one percent of the
sheriff's total budget, the difference between the 200 -- the
$200,000 difference between the 800,000 and the million. And we feel
this is an excellent compromise.
COMMISSIONER CONSTANTINE: Madam Chairman, I'd like to make a
motion that we not only do this conceptually, but that we approve
item D and C together.
COMMISSIONER CARTER: Second.
MR. McNEES: Okay, is there discussion on that motion? If not,
I'll -- and I assume no public speakers registered on the county's
side either from our staff? Thank you.
No further discussion then, I'll call the question to approve 3-
C and 3-D.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motions passes unanimously.
COUNCILMAN TUCKER: I move the same for the Marco Island City
Council.
COUNCILMAN PETTERSEN: I second that.
CHAIRMAN BRANDT: All in favor -- if there's no discussion, all
in favor, say aye.
COUNCILMAN DAY: Aye.
COUNCILWOMAN SCHULER: Aye.
COUNCILMAN TUCKER: Aye.
COUNCILMAN PETTERSEN: Aye.
CHAIRMAN BRANDT: Aye.
COUNCILMAN COWIN: Aye.
CHAIRMAN BRA/~DT: Opposed?
COUNCILMAN SOLDENWAGNER: Aye.
CHAIRWOMAN MAC'KIE: Peace in the valley.
COUNCILWOMAN SCHULER: Thumbs up.
COMMISSIONER NORRIS: I'd like to take a minute to thank the
Marco City Council for inviting us down here. This was a great
meeting, very cordial, very productive.
And certainly speaking as one of the county commissioners, we
certainly appreciate the meeting that we've had here today. Very
good. Thank you so much.
CHAIRMAN BRANDT: Well, we thank you also. And I think it was
entered into with a spirit of optimism and cooperation, and I think
Page 25
January 19, 1999
we accomplished that. I think our constituencies will benefit from
it.
CHAIRWOMAN MAC'KIE: Absolutely.
COUNCILMAN PETTERSEN: I'd like to just comment on Commissioner
Norris's statement. We always have civil, very quiet, cooperative
meetings.
COMMISSIONER NORRIS: That was the genesis of my comment.
CHAIRMAN BRANDT: If there are no other issues to be discussed,
then we'll adjourn. Meeting adjourned.
Page 26
JanuarV 19, 1999
There being no further business for the good of the County° the was adjourned by order of the Chair at 10:12 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
.~= OFFICIO GOVERNING BOARD{S) OF
l~I- SPECIAL DISTRICTS UNDER IT~ CONTROL
~= ' ATTEST:
·
Dw, E.
·
These minutes approved by the Board on
·
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC
Page 27