HomeMy WebLinkAboutReso 99-124
RESOLUTION NO. 99- \1.-tt
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
THE TRANSFER OF CONTROL OF THE CABLE
TELEVISION FRANCHISE FROM RIFKIN
NARRAGANSETT CATV LIMITED PARTNERSHIP
("RNSF") TO INTERLINK COMMUNICATIONS
PARTNERS, LLLP ("ICP"); PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on January 7, 1999, the City of Sunny Isles Beach received notification of
the proposed transfer of control of the RNSF cable television franchise to ICP; and
WHEREAS, pursuant to Section 8.3 of the Charter of the City of Sunny Isles Beach
which adopted the Code of Miami-Dade County as its own, and in particular, Section 8AA of the
Code of Miami-Dade County, no such change of control may occur without prior approval of the
City Commission; and
WHEREAS, the City has required that the applicant fulfill the obligations of Section
8AA of the County Cable Television Code and provide information on the proposed transaction
including the legal, financial, technical and other qualifications of the transferee and on the
potential impact of the transfer; and
WHEREAS, under FCC Rules, 47 CFR Section 76.502, the City of Sunny Isles Beach
has 120 days from the date of submission of a completed FCC Form 394, together with all
Exhibits, and any additional information required by the franchise agreement or applicable state
or local law, to act upon an application to sell, assign, or otherwise transfer controlling ownership
of a cable system; and
WHEREAS, the City has required written acceptance from ICP of the terms and
conditions of this Resolution by affidavit as a condition precedent to the Adoption of this
Resolution (affidavit attached hereto as Exhibit A); and
WHEREAS, in the event the proposed transaction between RNSF and ICP is not
consummated within one hundred eighty days (180) of the date hereof or does not reach :final
closure for any reason, or in the event such closure is reached on terms substantially or materially
different to the terms described in the FCC Form 394 and exhibits thereto, this Resolution,
together with the affidavit of acceptance submitted by the proposed transferee, shall be null and
void;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
Rifkin cable television
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1. To the extent required, the City of Sunny Isles Beach hereby consents to the
assignment and transfer of the cable system from RNSF to ICP;
2. That the consent granted herein does not constitute and should not be construed to
constitute a waiver or release of any obligations of the Franchisee under the County Cable
Television Code as adopted by the City;
3. That the consent granted herein does not and should not be construed to constitute
a waiver of any right of the City under applicable law; and further, this consent shall not prejudice
the City's rights with respect to the enforcement, renewal or transfer of the current cable television
system license;
4. That the consent herein granted is conditioned upon (a) ICP's assurances set forth
in its affidavit submitted to the City on and attached hereto as Exhibit A; (b) ICP's acceptance of
the proposed City of Sunny Isles Beach cable television ordinance; (c) ICP's execution ofa cable
television franchise agreement with the City in accordance therewith; and (d) ICP's submission to
the City of cost recovery for all costs incurred by the City directly or indirectly related to the
franchising and transfer process including, but not limited to, consulting fees and legal fees no
later than thirty (30) days after the effective date of this Resolution.
5. That the consent herein granted is for the limited right to provide cable television
service, and to the extent not otherwise prohibited by applicable law, the franchisee shall be
required to obtain permission from the City in the form of a grant, franchise, permit, license, or
other authorization so designated by the City, prior to its providing any other services within the
City, including but not limited to, telecommunications to the extent not explicitly prohibited by
applicable law;
6. That the City hereby reserves all of its rights pursuant to Federal and local law
including, but not limited to the rights in (a) the franchise grant and renewal process including,
but not limited to, the right to consider violations of the franchise by the current licensee; (b) the
franchise transfer process including, but not limited to, the right to act upon any application to
sell, assign or otherwise transfer controlling ownership of the cable system; and (c) the
enforcement of the current Cable Television License issued by the County;
7. That the consent herein granted expressly does not waive and expressly reserves to
the City of Sunny Isles Beach its rights to fully exercise all applicable legal rights and authority
against RNSF and ICP and its affiliates in connection with any use of the City of Sunny Isles
Beach's rights of way not authorized by the City including, but not limited to levying fines or
instituting litigation for trespass and ejectment;
8. That the consent herein granted is an express non-waiver and reservation of the
City's rights and authority against ICP for any material franchise violations that may exist
including, but not limited to those in connection with any unauthorized use of ICP's facilities or
facilities by any entity in any way affiliated with a company in which a member of the Rifkin
family or ICP has an interest;
Rifkin cable television
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9. That the consent granted herein is subject to the transferor's and transferee's
compliance with all other applicable legal requirements and the City does not waive and expressly
reserves the right to enforce full compliance with applicable law and franchise or license
requirements, whether or not any non-compliance that may be determined arose before or after
the transfer of control from RNSF to ICP; and
This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 11 th day of February, 1
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~Jh(L ,
U M, Dannheisser, City Attorney
~=~: ~':: ~-
Vote: ~-O
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
./ (Yes)
1-(Yes)
...!!L(Y es)
L-(Yes)
-1L(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Rifkin cable television
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FEB-11-99 THU 03:48 PM RIFKIN & ASSOCIATES
FAX NO. 3033223553
P. 02
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EXHIBIT A
ACCEPTANCE OF FRANCHISE
BEFORE M.~ personally appeared the undersigned authority who being duly sworn upon
his oath deposes and states that: '.J ~ (\ 09 /, J~9
o.,v ~~r \1) :7111/'
1 , The afiiant isA,he (j6e~al Partner of Interlink Communications LLLP" and is the
purson authorized to execute ~is document on behalf ofthe Affiant;
2. The affiant is submitting this affidavit as a condition precedent to the transfer of the
City 0 fSunny Isles Beach, Florida cable television franchise from RifkinINaTTagansett South Florida
CATV Partnership to Interlink Communications Partners, LLLP'~ ~1
~<l) /1(1
3, The affiant is submitting this Affidavit as an)Ccon 'tional acceptance by AffIant of \
the proposed Cit~ofSW1t1y We~ Reach's Cable Television Ordinance. ~tJlno,i)e.A p.'I'brAJ
~tf"(J./P7' / KLV/~-U. "CJW t/J,j97 .
4. Aftiant shall comply with and abide by all tenns, provisions and conditions of the
Cablo Television Ordinance of the City and amendments thereto;
5. Affiant shall assume performance of all oCthe current franchisee's obligations and
liabililies. known and unknown;
6, Affiant hereby oxpressly agrees to make readily available to the City all books and
records necessary to perforn~ financial audit to auditors in Dade County, Florida; .
~O:JII/4'1
7. Affiant )(co1iffitionally accepts that the Cable Television Ordinance and the franchise
agreement grant only the limited right to provide cable television service, and affiant win obtain
applicable authorizations rrom the City as required by the City prior to providing non-cable services;
8. Affiant shall cooperate in any franchise fee complianco inquiry in connection with
any possible rranchise feo arTearclges that may have arisen under the Dade County Ordinance all.cr
April 4, 1997 or that may arise through the exclusion of certain revenue streams. l"urthcr, so long
as cable modern services including but not limited to Internet access and services are not deemed by
applicable law to be non.cable services. the Affiant shall comply with aft lawful requirements
regarding such services including, but not limited to, tho inclusion of revenues ofmodcms.1ntcmet
access and services payments and advertising and shopping revenues generated in connection
therewith wi Lhin the gross revenues of the cable system, and commercial leased access requirements;
9. Anlant shall comply with all other applicable legal requirements, including carriage
of broadcast digital and high defInition television signals, and interconnection ofthe cable system
FEB-11-99 THU 03:48 PM RIFKIN & ASSOCIATES
FAX NO. 3033223553
P. 03
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with potcllti31 competitors (or putposcs, among other things, of sharing cable PEG channels;
10. The Affiant acknowledges that the Legislative History of the 1992 Cable Act
contemplates that the City should address any deficiencies in service, including non-compliance, at
tho time oflhc transfer. The Affiant agrees to ensure that it assumes responsibility for any and all
nonRcomp1iollce under the current County Qrdinanco that may now exist or may later be discovered
to have existed even ifprior to the closing of the transfer ofcontroJ; and
. ~ ~. . ~~';~ =.d;U~b' ...!I!k1a1"_. ."d "~,,~... 6fR""!~ Y'J-
gntl~lln "'II ,1,;1 slcr 0 e system. L1'J
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FURTrU;R AFfi'JANT SAYETU NAUGHT.
~
INTERLINK COMMUNICATIONS PARTNERS, LLLP
BY~O~
(~J.,f\.^J:()
STA T8 OI;.-FWRtDA, to wit:
~
I HEREBY CERTIFY, that on this ~ day 0 bctfore mc, the subspriber, a Notary Public of
lho Slate of f.!..t.1-tL~ _ in and for ~ ~l;: oforosaid,
pcrsoni\llyappcarcd "B1/e () t1lA-' l1ev ot ~~ ~-,.rA~~,X~i:
and acknowledged the foregoing Acceptance of Cable Tclevision System Franchise in
~N (!d~~-'tf--k-,<-.r:~ J.<,AJ...L Florida, to be the act and deed of said company.
AS WITNIlSS my ~fOIary S~al. /J n
NOTARY PUBLIC (/ ;l,~--L ",(. Y<A.~.
MY COMMISSION E~lRES: ~"-f;-V -7 7 ~
.- ..
David Samson
Mayor
Irving Turetsky
Vice Mayor
Commissioners
Danny Iglesias
Lila Kauffman
TO:
Connie Morrow
James DiPietro
FROM:
City Manager
Lynn M. Dannheisser
DATE:
City Attorney
RE:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3 113 fax
MEMORANDUM
City Commission
Lynn M. Dannheis7%0
February 11, 1999
TRANSFER OF CABLE FRANCHISE RESOLUTION
RECOMMENDATION
It is recommended that the Resolution approving the transfer of control of cable
television franchise from Rifkin/Narragansett CATV Limited Partnership to
Interlink Communications Partners, LLP ( "ICP ") be adopted.
REASONS
On January 7, 1999, the City of Sunny Isles Beach received notification of the
proposed transfer of control of the RNSF cable television franchise to ICP. In
accordance with Section 8AA of the County, the transferee must provide the City
with a detailed description of the franchisee's compliance with all provisions of
that Code as well as make an initial application filing with a fee of $2500. The
City Manager and I will also be negotiating a cable franchise television ordinance
with the new transferee, pursuant to this resolution. Your approval is made
conditional upon the successful negotiation of such a franchise agreement and the
adoption of an ordinance relating to the same.
Respectfully submitted,
LMD:ch