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<br />WHEREAS, pursuant to Chapter 8AA-16 of the Code of Metropolitan Dade County, cable <br /> <br /> <br />operators operating in unincorporated areas of the County pay to the county a fee of5% of the gross <br /> <br /> <br />revenues and operators in the incorporated areas pay to the County a fee of3%; and <br /> <br /> <br />WHEREAS, under Federal law , the maximum franchise fee that may be imposed on a cable <br /> <br /> <br />operator is 5% of the operator's gross revenues; and <br /> <br /> <br />WHEREAS, the City of Sunny Isles Beach, as now incorporated, is entitled to collect the <br /> <br /> <br />maximum fee permitted by applicable law less only that amount due to Dade County; and <br /> <br /> <br />WHEREAS, it is the intent of the City of Sunny Isles Beach to exercise its authority as a <br /> <br /> <br />local franchising authority to the fullest extent allowed by law; and <br /> <br /> <br />WHEREAS, pursuant to Section 621 ofthe Communications Act of 1934, as amended, 47 <br /> <br /> <br />U.S.C. S 541, a cable operator may not provide cable service without obtaining a franchise from the <br /> <br /> <br />franchising authority; and <br /> <br /> <br />WHEREAS, pursuant to Section 4.03 ofthe Charter, the City Commission shall take action <br /> <br /> <br />to grant, renew, or extend a franchise only by Ordinance; and <br /> <br /> <br />WHEREAS, cable operator(s) have submitted or may submit applications for cable <br /> <br /> <br />television franchises to the City; and <br />WHEREAS, the City Commission has determined that adoption of a comprehensive <br />Ordinance is in the interests of the citizens ofthe City of Sunny Isles Beach; <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: <br /> <br />Cable Ordinance <br /> <br />-2- <br />