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Home My WebLink About03-119RESOLUTION NO. 03-119 A RESOLUTION OPPOSING PROPOSED SENATE BILL 654 (PCB BR 03-06) WHICH REMOVES LOCAL GOVERNMENTS' AUTFIOI~TY TO ENFORCE EXTST]:NG CABLE FRAI~ CHISE AGREEMENTS WTTH REGARD TO BROADBAND OR TNFORMATION SERV]:CES, AND, ALLOWS TELEPHONE COMPANI'ES TO IMPLEMENT UNCONSCIONABLE RATE 1'NCREASES WTTH VERY I TM.~TED GOVERNMENTAL OVERS'rGHT WHEREAS, the Bocrd of County Commissioners of St. Lucia County, Florida, has made the following determinations: 1. During Florida's 2002 Legislative Session, Governor Bush vetoed last year's proposed House Bill 1683, which would have accomplished essentially the same results at the provision contained in currently proposed Senate Bill 654 and House PCB BR 03-06 (the "BILLS"). 2. Governor Bush announced that last year's proposed House Bill 1683 was based on "ambiguities and circular Io~ie" and would "tie the hands of the of the Florida Public Service Committee". 3. This year's red al of last year's bad Bill fails to correct the bills that were highlighted in Governor Bush's veto message because the new "B]:LL5" a) insulate industries from competition from wireless and Tnternet messaging services by shifting losses in access fee revenues to concurrent "revenue neutral" increases in local service basic rates, b) by no means guarantee that competitors will enter into the applicable markets, and c) do not allow residential customers and small business to realize savings and opportunity in their local service that they may real ze in other telecommunications sectors. 4. Governor I~ush ~as said that the new "B]ZLLS" are "acceptable" because in his opinion they grant to the F orida Public Service Commission sufficient authority to decide to what extent the subject telephone rates can be increased. 5. ]Zn fact the "I~TLL5" afford customers very little, if any, effective protection, but instead, will allow elected officials to "blame" the appointed Florida Public Service Commissions for the inevilable, unconscionable rate increases that will certainly occur to millions of telephone customers with regard to their basic local telephone service. 6. The "BZLL5" will allow rates for residential basic telephone service to increase by up to 67 percent in os few as the first 2 years, and will also allow residential local telephone rates to increase up to 20 3ercent per year every year thereafter. 7. The "BTLLS" can result in customers who use local telephone service collectively paying os much as $! Billion more per year in as few as three years, and the quality of this service can decrease due t~ other provisions in these "BTLLS". 8. The "BTLLS" contain the following text: 'No local government shall have the authori~ to directly or indi -ectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality, service territory, and prices, applicable to or in connection with the provision of any broadband or information service". 9. The text noted above removes from St. Lucia County regulatory jurisdiction the specified items with regard to all of the County's cable television franchises, and St. Lucia County believes such removal of regulatory authority is not in the public interest and may even be an unconstitutiona impairment of St. Lucia County's contract rights with regard to its existing cable television Franchise Agreements. NOW, THEREFORE, BE TT RESOLVED by the Board of County Commissioners of St. Lucia County, Florida: Z. This Board strongly opposes proposed Senate Bill 654 (and its counter-port proposed PCB BR 03-06) from being enacted into law because these proposed Bills allow unconscionable, unjustifiec increases to rates for local telephone service, and also prevent St. Lucia County, and all other local governments, from enforcing their existing cable television Franchise Agree~nents with regard to all activities classified as "broadband and information services." 2. The County Administrator is hereby directed to forward copies of this resolution to the Honorable Governor ~Teb Bush, the Florida Congressional and Legislative Delegation. After motion and second the vote on this resolution was ~s follows: Chairman Cliff Barnes AYE Vice Chairman Paula A. Lewis AYE Camm ssioner Frannie Hutchinson AYE Camm ssioner Doug Coward AYE Camm ssioner .Tohn D. Bruhn AYE PASSED AND DULY ADOPTED this 6*h day of May, ?003. ATTEST: ~LERK '~.~ BOARD OF COUNTY COMM];$$];ONER$ ST. LUCRE COUNTY, FLOI~DA BY: CHATRMA~'~ APPROVED AS TO LEGAL FORM AND ,.~RRECTNE$5: