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
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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
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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
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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.