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HomeMy WebLinkAboutReso 2007-1092 RESOLUTION NO. 2007- I 6 q;1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, OPPOSING HOUSE BILL 529 KNOWN AS THE "CONSUMER CHOICE ACT OF 2007" (HB529), HOUSE BILL 855 (HB855), SENATE BILL 1772 (SB1772) KNOWN AS "CONSUMER BROADBAND CHOICE ACT OF 2007", AND SENATE BILL 998 (SB998) ON VIDEO/CABLE FRANCHISING/PROTECTING LOCAL GOVERNMENTS AND CONSUMERS; URGING FLORIDA LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP OF HB529, I-IB855, SB1772 AND SB998, AND TO VOTE IN OPPOSITION TO I-IB529, HB855, SB1772 AND SB998; REQUESTING GOVERNOR CRIST TO ADVISE THE HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT SUPPORT HB529, HB855, SB1772 AND SB998; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE CITY CLERK TO TRANSMIT AN EXECUTED COPY OF THIS RESOLUTION TO APPROPRIATE I'ARTIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 23, 2007, a member of the Florida House of Representatives introduced the Consumer Choice Act of2007 (HB529); and WHEREAS, on February 14, 2007, several members of the Florida House of Representatives introduced the Consumer Broadband Choice Act of2007 (HB855); and WHEREAS, on February 20, 2007, a State Senator introduced the Consumer Broadband Choice Act of 2007 (SB 1772), and on April 18, 2007 introduced the Video/Cable Franchising/Protecting Local Governments & Consumers Bill (SB998). HB529, HB855, SB 1772 and SB998 may collectively be referred to as the "bills"; and WHEREAS, the bills prohibit municipalities and counties from negotiating terms and conditions from cable and video service providers wishing to do business within the local governments' jurisdiction in the future; and WHEREAS, the bills delete authorization for municipalities and counties to award cable service franchises and restrictions that require cable service companies not to operate without such franchise; and WHEREAS, the bills designate the Florida Department of State as the authorizing authority for state-wide franchising of cable and video service providers, but prohibit the R2007- Consumer Choice And Broadband Acts Opposition. Doc Page I of4 Department from imposing appropriate build out, construction, and deployment requirements on cable and video certificate holders; and WHEREAS, the bills require the Department of Agriculture and Consumer Services to receive all customer service complaints thereby eliminating citizen ability to seek remedy of complaints via their local government; and WHEREAS, the bills establish requirements and limitations on municipalities and counties relating to access to public right-of-way; and WHEREAS, the bills prohibit municipalities and counties from imposing any additional requirements on cable and video certificate holders; and WHEREAS, the bills would deprive municipalities and counties of the authority to establish and maintain government owned and operated networks, known as institutional networks, that may be utilized by first responders and other government officials in the day-to- day management oflocal government business; and WHEREAS, the bills would potentially reduce the amount of capacity which may be required by communities to meet public, educational, and government "PEG" access needs, while stripping local governments, schools and other agencies of the ability to obtain capital suppOli for the operation of PEG channels with the result that the communities' cable-related needs and interests will not be met; and WHEREAS, the bills do not require providers of cable, video and broadband services to provide such services to schools, libraries, and other governmental facilities without charge, thereby depriving teachers, students and residents of important communications capabilities that they currently enjoy; and WHEREAS, the bills would deprive local citizens of the ability to address local issues locally, by removing to the State all customer service issues; and WHEREAS, the bills would ultimately preempt all local authority over the provision of cable and video services within the community, including the ability of the local government to provide appropriate oversight to entities conducting business within their jurisdiction and in the local public rights-of-way; and WHEREAS, the bills would allow holders of existing cable franchises to terminate such franchises unilaterally and thus, the bills constitute an impairment of contract; and WHEREAS, most importantly, the bills will not increase the opportunities for competition in cable and broadband services for the benefit of consumers. In fact, the bills will reduce competition. While HB 529 allows providers to serve or not to serve any area that they chose thus creating the possibility that residents may lose cable service, HB855 mandates that providers serve entire areas of jurisdictions thus making potential competition less likely. Under existing local government franchising, competition in cable and broadband services has R2007. Consumer Choice And Broadband Acts Opposition,Doc Page 2 of4 increased by the adoption of reasonable and locally appropriate franchise provisions to ensure that all residents have access to cable and broadband services on non-discriminatory terms; and WHEREAS, for these reasons, the City Commission finds that it opposes HB529, HB855, SB 1772, and SB998 and urges Florida Governor Crist, the Miami County Legislative Delegation, each municipality in Miami-Dade County, the Miami-Dade County League of Cities, the Florida League of Cities, and the Miami-Dade County Board of County Commissioners to oppose HB529, I-IB855, SB 1772 and SB998; and WHEREAS, the City Commission finds that this Resolution should be forwarded to Florida Governor Crist, the Miami-Dade County Legislative Delegation, the Mayors of each municipality in Miami-Dade County, the Miami-Dade County League of Cities, the Florida League of Cities, and the Miami-Dade County Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Opposition to HB529, HB855, SB 1772, and SB998. For the reasons stated herein above, the City Commission of the City of Sunny Isles Beach hereby declares its opposition to HB529, HB855, SB 1772, and SB998, and urges Florida Governor Crist, the Miami-Dade County Legislative Delegation, each municipality in Miami-Dade County, the Miami-Dade County League of Cities, the Florida League of Cities, and the Miami-Dade County Board of County Commissioners to oppose HB529, HB855, SB 1772, and SB998. Section 2. Request Governor Crist Not to Support HB529. HB855, SB 1772. and SB998. The City of Sunny Isles Beach hereby requests Governor Crist to strongly consider advising the leadership of the House and Senate that he does not support HB529, HB855, SBI772, and SB998. Section 3. Authorization of Citv Manager. The City Manager is hereby authorized to do all things necessary to effectuate the intent of this Resolution. Section 4. Directive of Citv Clerk. The City Clerk shall provide executed copies of this resolution to Florida Governor Crist, the Miami-Dade County Legislative Delegation, the Mayor of each municipality in Miami-Dade County, the leadership of the Miami-Dade County League of Cities, the leadership of the Florida League of Cities, and each member of the Miami-Dade County Board of County Commissioners. Section 5. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 19th day of April 2007. R2007- Consumer Choice And Broadband Acts Opposition.Doc Page3of4 ATTEST: ~ -IY~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL ,ICI - CY Moved by: ~~ l:CDL~llk' Seconded by: ~ .(If1^>": ~ BR f:. ~ IIJ Vote: 4....0-1 Mayor Edelcup ~Yes) Vice Mayor Thaler _!/(Yes) Commissioner Brezin v(Yes) Commissioner Goodman --Ab~ _(Yes) Commissioner Iglesias 0Yes) _(No) _(No) _(No) _(No) _(No) Rl0D7- Consumer Choice And Broadband Acts Opposition.Doc Page 4 of4 City Commission Norman S. Edelcup Mayor Lewis J. Tholer Vice Moyor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias C omrrllssioner A. John Szerlog City Manager Hans Ottil101 City Attorney Jane A. Hines City Clerk April 25, 2007 Office of Governor Charlie Crist State of Florida The Capitol 400 S. Monroe Street Tallahassee, FL 32399-0001 Re: Opposition to House Bill 529, House Bill 855, Senate Bill 1772, and Senate Bill 998 Dear Governor: At its regular meeting of April 19, 2007, the City Commission of the City of Sunny Isles Beach adopted Resolution No. 2007-1092, which opposes House Bill 529, House Bill 855, Senate Bill 1772, and Senate Bill 998 and urges Florida Legislative Representatives to oppose same. In closing, please take into consideration the attached legislation. Thank you. Very truly yours, ~~k~ Deputy City Clerk Attachment cc: . A. John Szerlag, City Manager Hans Ottinot, City Attorney Cable TV Reform Opposition Ltr Page 1 of 1 Priscilla Walker From: Priscilla Walker Sent: Wednesday, April 25, 2007 3:39 PM To: Priscilla Walker Subject: Legislation Opposing House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 Attachments: Resolution No. 2007-1092.pdf From: Priscilla Walker Sent: Wednesday, April 25, 2007 3:14 PM To: 'wilson. Frederica . web@flsenate.gov'; 'Rich. nan. web@flsenate.gov'; 'margolis.gwen. web@flsenate.gov'; 'portilla .alex. web@flsenate.gov'; 'villa lobos.alex. web@flsenate.gov'; 'bullard .Iarcen ia. web@flsenate.gov'; 'ga rcia. rudy. web@flsenate.gov' Subject: Legislation Opposing House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 At its regular meeting of April 19, 2007, the City Commission of the City of Sunny Isles Beach adopted Resolution No. 2007-1092, which opposes House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 and urges Florida Legislative Representatives to oppose same. Attached is a copy of Resolution No. 2007-1092 for your consideration. Thank you. Prisci[fa Wa[kfr, CMC, Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 4/25/2007 Page 1 of 1 Priscilla Walker From: Sent: Priscilla Walker Wednesday, April 25, 20073:35 PM 'Eddy. gonzalez@myfloridahouse.gov'; 'tee. holloway@myfloridahouse.gov'; 'yolly. roberson@myfloridahouse.gov'; 'dan. gel ber@myfloridahouse.gov'; 'Lu is. garcia@myfloridahouse.gov'; 'Ronald. brise@myfloridahouse.gov'; 'Dorothy. bend ross-mind ingall@myfloridahouse.gov'; 'rene. Ga rcia@myfloridahouse.gov'; 'marco. rubio@myfloridahouse.gov'; 'david. rivera@myfloridahouse.gov'; 'carlos.lopez-cantera@myfloridahouse.gov'; 'An itere. flores@myfloridahouse.gov'; 'jc. planas@myfloridahouse.gov'; 'marcelo.llorente@myfloridahouse.gov'; 'Edward. bu lIard@myfloridahouse.gov'; 'juan .lapata@myfloridahouse.gov'; 'Ron. sa unders@myfloridahouse.gov' Subject: Legislation Opposing House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 Attachments: Resolution No. 2007-1092. pdf To: At its regular meeting of April 19, 2007, the City Commission of the City of Sunny Isles Beach adopted Resolution No. 2007-1092, which opposes House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 and urges Florida Legislative Representatives to oppose same. Attached is a copy of Resolution No. 2007-1092 for your consideration. Thank you. Prisci[{a Wa[kfr, CMC, Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 4/25/2007 Page 1 of 1 Priscilla Walker From: Priscilla Walker Sent: To: Wednesday, April 25, 20074:00 PM 'Val Schmidt'; aroman@pinecrest-fl.gov; Barbara Estep; herrera-hillb@cityofdoral-fl.gov; barguelles@townofsurfsidefl.gov.; cspelorzi@nbvillage.com; Carol Aybrun,EI Portal; Caroline Burgos; Conchita Alvarez, CMC; Magali Valls, CMC; Melissa A. Garciga, CMC; Ronetta Taylor, CMC; Solomon Odenz, CMC; Deborah S. Irby; Debra Eastman; Ellisa Horvath; Erika Gonzalez-Santamaria; Felix A. Diaz; Guido H. Inguanzo, Jr. (OVC); Herlina Tabaoda; Jacqui Vieira; Jane Hines; Jennifer Evelyn; Mari Joffee; Martinez, Maria; Maria Menendez; Maritza Fernandez; M. Marante ; Marta Rodriguez; Meighan Rader; Mercy Arce; Nkenga "Nikki" Payne; Pamela E. Burns, ; Pat Gibbs; pthompson@ci.miami.fl.us; Rafael Granado; Parcher, Robert; Sheila Paul Shedd; sorokat@cityofaventura.com; Tiffany Bily; village clerk; Walter J. Foeman; Yvonne P. Hamilton Subject: Legislation Opposing House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 Attachments: Resolution No. 2007-1 092.pdf At its regular meeting of April 19, 2007, the City Commission of the City of Sunny Isles Beach adopted Resolution No. 2007-1092, which opposes House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 and urges Florida Legislative Representatives to oppose same. Please forward the attached legislation to your respective Mayors for consideration. Thank you. CFrisci{[a 'Wa{kJr, CMC, Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 4/25/2007 Page 1 of 1 Priscilla Walker From: Priscilla Walker Sent: Wednesday, April 25, 20074:32 PM To: 'mdclc@bellsouth.net' Subject: Legislation Opposing House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 Attachments: Resolution No. 2007-1 092.pdf At its regular meeting of April 19, 2007, the City Commission of the City of Sunny Isles Beach adopted Resolution No. 2007-1092, which opposes House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 and urges Florida Legislative Representatives to oppose same. Attached is a copy of Resolution No. 2007-1092 for your consideration. Thank you. Prisci{fa Wa{kJ;r, CMC, Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 4/25/2007 FLC- Email Page 1 of 1 Tuesday, May 1, 2007 FLORIUA LEi\GUE Of C.'I'IES, Who we are I I am a I .I'm looking for I Member Database I Contact Us I Search I Site Index I Ham Services Menu > General Information > Affiliates > Awards > C2M Login > City of Wonders > Civic Education > Conferences/Training > Departments > Events Calendar > Financial Services > Insurance Services > International Relations > Legal Services > Legislative/Advocacy > Links > Local/Regional Leagues > Publications > Technology Services r-' Send a message to John Thomas You r e-mail IE~~I~.~~~~!.~!I:~~.~,..,..,..~~",."....~..,,,.....................................""......1 Your name If!i.~~~a,_~a,I~~E......._...._..~..........".."."...,,~.............~ Su bject 1.~.~.~.i.~~~.!.i.9.~...2EE.9~.i.~9....s:.9.~.~.~..~.~.rC~.9.i.~~...~~!~!...~.91 At its regular meeting of April 19, 2007, the City Commission of the City of Sunny Isles Beach adopted Resolution 2007-1092, which opposes House Bill 529; House Bill 855; Senate Bill 1772; and Senate Bill 998 and urges Florida Message Legislatives to oppose same. .. Attach a File I....~..........,,~...~ ........".......~..,,~......... Website link 1~~~1~.!!.:wnet.~.~............"~...........,, In closing, please take into consideration the attached legislation, and distribute as you deem appropriate. I """"",,.,.,...,.,.,.,~ ! i.e. http://www.f1cities.com Ci:lDGeJ Security and Privacy Terms of Use http://www.flcities.comlflc _ email.asp?rURL=. ./membership/contact.asp&emid= 11259&fn= John&ln=Tho... 5/1/2007 Page 1 of 1 Priscilla Walker From: Priscilla Walker Monday, April 30, 20074:25 PM 'district1@miamidade.gov'; 'district2@miamidade.gov'; 'district3@miamidade.gov'; 'district4@miamidade.gov'; 'district5@miamidade.gov'; 'd istrict6@miamidade.gov'; 'd istrict7@miamidade.gov'; 'district8@miamidade.gov'; di So he.>\- '\ 'deAflismess@miamidade.gov"; 'district10@miamidade.gov'; 'district11@miamidade.gov'; 'district12@miamidade.gov'; 'district13@miamidade.gov' Subject: FW: Legislation Opposing House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 Attachments: Resolution No. 2007-1092.pdf Sent: To: At its regular meeting of April 19, 2007, the City Commission of the City of Sunny Isles Beach adopted Resolution No. 2007-1092, which opposes House Bill 529; House Bill 855, Senate Bill 1772; and Senate Bill 998 and urges Florida Legislative Representatives to oppose same. Attached is a copy of Resolution No. 2007-1092 for your consideration. Thank you. Prisci{{a Wa{/(fr, CMC, Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 4/30/2007 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission Via: A. John Szerlag, City Manager FROM: Douglas Haag, Assistant City Manager-Finance DATE: April 19, 2007 RE: Opposition to House Bill 529 - ....... RECOMMENDATION: Concur with the City of North Miami Resolution R-2007-43, expressing opposition to house bill 529, known as the "Consumer Choice Act of2007" and other related bills as annotated. BACKGROUND: The Florida League of Cities CFLC) has also gone on record in opposition to this legislation, which is deemed to be another move by telephone companies to undercut local authority when it comes to cable franchise agreements. In the words of John Thomas, FLC legislative director, House Bill 529 resurrects legislation the telecommunications companies have tried but failed to get approved in the past. The companies want to get into the profitable video/cable business and are willing to deny virtually any consumer protection to city and county residents in order to achieve their goal. Per FLC research, House bill 529 weakens cities by: 1) Repealing the role of local government in franchising cable television and transferring that role to a statewide permitting system that gives preferential treatment to telecommunications firms. 2) Allowing the new companies to avoid serving neighborhoods they deem undesirable so they can target customers living in upscale areas or new developments, a practice called "cherry-picking" . 3) Repealing the role of local. governments that would normally ensure new telecommunications/video providers abide by enforceable customer service standards imposed by the communities they serve MEMO 04-19-07 HB52lJ OPI'OSITIONDoc Agenda Item i 0 0L- ~-=-l3 - 07 Date Page 2 4) Undercutting significant funding for local public education and government access channels. 5) Pulling the rug out from under cable companies now serving communities across Florida and giving huge competitive advantage to telephone companies.