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HomeMy WebLinkAbout07-115 top¡ /0: ðlF!¿; Pi/1{Ù·i-ð¿ RESOLUTION NO. 07-115 A RESOLUTION URGING CONGRESS, THE FLORIDA LEGISLATURE AND THE GOVERNOR TO OPPOSE HOUSE BILL 529 WHICH ELIMINATES LOCAL GOVERNMENT AUTHORITY TO REQUIRE FRANCHISES, LICENSES OR ANY OTHER FORM OF AGREEMENT FROM ANY PROVIDER OF COMMUNICATION OR TELECOMMUNICATION SERVICES; INCLUDING BUT NOT LIMITED TO CABLE AND VIDEO SERVICE PROVIDERS USING THE PUBLIC RIGHT OF WAY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. 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. 2. 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. 3. 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. 4. On January 23, 2007, Representative Traviesa filed HB 529. The proposed bill eliminates local government's authority to require franchises, licenses or any other form of agreement from any provider of communication or telecommunications services, including but not limited to cable and video service providers, using the public right of way. 5. With respect to cable and video service providers, any provider seeking to provide service in the state after July 1, 2007, is required to obtain a certificate from the State. Such certificates shall be issued within fifteen days of submission of a completed application or in the event that no action is taken shall be deemed approved after thirty days. 6. Providers operating under existing franchises may not obtain a state certificate until after the expiration of the existing franchise unless (a) another cable or video service provider is providing service within the franchise area pursuant to a state issued certificate, (b) the provider serves less that forty percent of total subscribers in the franchise area, or ©) the provider does not provide service to the largest number of cable subscribers in the franchise area as of July 1, 2007. In such cases, the provider may terminate the existing franchise and obtain a state certificate. 7. Under the state certification plan established by the proposed bill, local governments would be prohibited from imposing requirements including but not limited to fees, taxes, charges, build out requirements, capacity requirements, upgrades, reports, records, maps transfer of ownership or control. The state would require compliance with FCC customer service standards until there are two or more providers at which point there would be no standards imposed. 8. Local governments are required to complaints until July 1, 2009, at which time will shift to the Department of Agriculture. accept customer the responsibility 9. The most significant loss to local governments may be with respect to public, education and government access channels. Certificate holders are only required to designate a sufficient amount of capacity to allow provision of a comparable number of channels or capacity equivalent to that which was used for at least ten hours per day under the incumbent provider's franchise as of July 1, 2007. If such use was not in effect as of July 1, 2007, then within twelve months of receipt of request, a provider must furnish up to three channels or equivalent capacity for a municipality with a population of at least 50,000 and two channels or equivalent capacity for jurisdictions of less than 50,000. 10. House Bill 529 proposes a maximum amount of capacity, not a minimum, and the language requires capacity rather than channels per se. Providers are not required to place any channel reclaimed by the provider and subsequently restored to the local jurisdiction on the basic or analog tier. 11. It is not clear from the proposed language whether initial channels or capacity will be required to be located on the basic tier of service. Other issues of concern include the lack of mandatory interconnection requirement, prohibition against requirements for any grants or in kind support and the limitation that connectivity is only required up to the first two hundred feet from the cable or video transmission system. 12. The proposed bill clearly represents a substantial threat to local government's authority over the public rights of way and the virtual elimination of benefits currently being provided by cable franchises to local communities throughout the state with the resulting financial impact. 13. 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. 14. For the reasons mentioned above, 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. 15. St. Lucie 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. 16. St. Lucie County has determined that it would be in the public interest to forward this Resolution to appropriate members of Congress, the Florida Legislature, Governor Charlie Crist, and the Florida Association of Counties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby urge Congress, the Florida Legislature, and Governor Charlie Crist to oppose House Bill 529 which eliminates Local Government authority to require Franchises, Licenses, or any other form of Agreement from any provider of Communication or Telecommunication Services; including but not limited to Cable and Video Services providers, using the public right of way. 2. The County Administrator is hereby directed to immediately distribute this Resolution to appropriate members of Congress and the Florida Legislature, Governor Charlie Crist, and the Florida Association of Counties. 3. This Resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Chairman Chris Craft AYE Vice-Chairman Joseph E. Smith AYE Commissioner Paula A. Lewis AYE Commissioner Doug Coward AYE Commissioner Charles Grande AYE PASSED AND DULY ADOPTED this 3rd day of April, 2007. ATTEST: COUNTY COMMISSIONERS COUNTY, FLORIDA :~/ APPROVED AS TO LEGAL FORM AND CORREC I-