HomeMy WebLinkAbout06-132
RESOLUTION NO. 06-132
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
URGING CONGRESS, THE FLORIDA LEGISLATURE AND
THE GOVERNOR TO ENSURE LOCAL GOVERNMENT
AUTHORITY TO REQUIRE FRANCHISES FOR THE
PROVISION OF VIDEO SERVICES WITHIN ITS
JURISDICTION, TO PROTECT EXISTING CABLE
FRANCHISING AUTHORITY, AND TO PROTECT LOCAL
GOVERNMENTS' AUTHORITY TO PROVIDE
COMMUNICATIONS SERVICES, AND DIRECTING THAT
THIS RESOLUTION BE FORWARDED TO APPROPRIATE
MEMBERS OF CONGRESS AND THE FLORIDA
LEGISLATURE, THE GOVERNOR OF FLORIDA, THE
NATIONAL ASSOCIATION OF COUNTIES, THE FLORIDA
ASSOCIATION OF COUNTIES; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. St. Lucie County (the "County") has adopted Ordinance No.
97-03, providing for the installation, construction and operation
of cable television systems in the County.
2. The County has granted a cable television franchise to
Adelphia Cable and Comcast Cable.
3. Current law requires cable television operators to obtain
a local franchise agreement from local governments before a cable
television operator offers video services to the local government's
residents.
4. The obligation to obtain a local franchise to provide
video services stems both from inherent local government authority
over the use of rights-of-way and from the federal 1992 Cable Act,
Title VI.
5. The County has, through the franchising process, obtained
benefits that satisfy the cable television related needs of the
community, including the provision of an I-NET, free services to
schools and governmental facilities, a capital grant, enforcement
of customer service, and other services that support important
educational and public interests.
6. AT&T and Verizon have announced their intent to offer
video services and are seeking federal legislation, potentially as
part of the rewrite of the federal Communications Act, which
restructures the local franchising process and creates a national
video franchise permitting telephone companies to offer video
programming within local government jurisdictions without obtaining
a local franchise agreement.
7. Legislation is being considered in Florida to create a
state video franchise process that would allow the provision of
video services within local government jurisdictions without
obtaining a local franchise agreement.
8. Local government jurisdictions should have the authority
to obtain and enforce local franchise agreements to obtain needed
services such as the services the County has obtained pursuant to
its franchises.
9. The requirement of obtaining a local franchise is not a
burden to telephone companies' provision of cable television
services, as evidenced by the number of existing franchises with
BellSouth.
10. Counties should have the authority to provide
communications services, including internet, cable and telephone
services, for the benefit of local residents and economic
development purposes, without undue interference from the federal
or state governments.
11. The U. S. House of Representatives is considering a bill
that would create a national cable/video franchise, thus bypassing
the local franchising process.
12. The U. S. Senate has filed a similar bill that prohibits
state and local governments from requiring a franchise for the
provision of video services, extinguishes existing cable
franchises, and restricts the authority of local government to
provide communications services.
13. For these reasons, the Board of County Commissioners of
St. Lucie County, Florida, opposes this proposed federal
legislation and urges members of Congress to oppose such proposed
legislation.
14. The County opposes Florida legislation that would create
a state video franchise process and eliminate local cable
franchises and urges members of the Florida legislature and the
Governor to oppose such legislation.
15. The County determines that it would be in the public
interest to forward this Resolution to appropriate members of
Congress and the Florida Legislature, Governor Jeb Bush, and the
Florida Association of Counties.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. The foregoing paragraphs are hereby ratified and
confirmed as being true and correct and are hereby made a specific
part of this Resolution upon its adoption.
2. That the County opposes federal legislation that creates
a national video franchising process preempting the County from
requiring a local franchise agreement from telephone companies to
provide video services in the County, extinguishes existing cable
franchises, and restricts the authority of local governments to
provide communications services.
3. The County urges members of Congress to oppose this
legislation and protect the County's local franchising authority
over video services and its ability to provide communications
services.
4. The County opposes Florida legislation that would create
a state video franchise process preempting the County from
requiring a local franchise to provide cable and video services,
and urges the Governor and the members of the Florida legislature
to oppose such legislation.
5. The County Administrator his hereby directed to
immediately distribute this Resolution to appropriate members of
Congress and the Florida Legislature, Governor Jeb Bush, and the
Florida Association of Counties.
6. This Resolution shall become effective upon adoption.
After motion and second the votes on this resolution was as
follows:
Chairman Doug Coward AYE
Vice-Chairman Chris Craft AYE
Commissioner Frannie Hutchinson AYE
Commissioner Paula A. Lewis AYE
Commissioner Joseph E. Smi th AYE
PASSED AND DULY~PTED this 25th day of April, 2006.
ATTEST:
..'-'--"
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE CO Y, LORIDA
º
BY:
LEGAL FOlUit AND