HomeMy WebLinkAboutO-11936J-00-135
6/6/00
11936
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE "CODE OF THE CITY OF MIAMI,
FLORIDA" BY REPEALING APPENDIX A AND REPEALING
AND RE-ENACTING CHAPTER 11 ENTITLED, "CABLE
TELEVISION" PROVIDING THE TERMS AND CONDITIONS
FOR THE OPERATION OF CABLE SYSTEMS AND THE
APPLICATION, PROCEDURES AND REQUIREMENTS
RELATING TO THE GRANT OF LICENSES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE SYSTEMS EQUIPMENT AND
FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN
ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC
RIGHTS-OF-WAY AND TO ENSURE THAT USE OF THE
CITY'S PUBLIC RIGHTS-OF-WAY IS IN THE PUBLIC
INTEREST AND IN CONFORMANCE WITH APPLICABLE
LAW, PROVIDING FOR CONFLICTS; PROVIDING FOR A
SAVINGS CLAUSE A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami has under consideration the renewal
of its existing cable License Agreement with Miami Tele-
Communications, Inc. ("MTCI"), pursuant to the Communications Act
of 1934, as amended, 47 U.S.C. para. 521 et seq.; and
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WHEREAS, pursuant to Resolution No. 99-126, adopted
February 16, 1999, the City Commission consented to and approved
the request pursuant to'the Agreement and Plan of Restructuring and
Merger, dated June 23, 1998, among AT&T Corp. ("AT&T"), a New York
corporation ("parent"); Italy Merger Corp., a Delaware corporation
and a direct wholly owned subsidiary of parent ("merger sub"); and
Tele-Communications, Inc., a Delaware corporation (the "company"),
to the extent that such consent was required by the terms of the
cable franchise/License agreement and applicable Law, conditioned
upon escrow of monetary amounts and execution of the cable
franchise/License agreement incorporating the terms and conditions
in the binding offer; and
WHEREAS, the enactment of the Telecommunications Act of 1996,
and recent court precedent construing the scope of municipal
regulatory authority over cable Licenses. granted, and applicable
changes and developments in cable technology and services have
resulted in a changed regulatory environment; and
WHEREAS, the City Commission deems it necessary to create this
Ordinance to take into account the aforementioned changes and
developments and to better ensure that the use of the City Streets
by Cable Systems serves the public interest; and
WHEREAS, in order to enact this Ordinance in the public
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interest, the City Commission must effectuate the repeal of
Appendix A to the Code of the City of Miami in its entirety;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1.The recitals and findings contained in the Preamble
to this Ordinance are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2.Appendix A to Chapter 11 of the Code of the City of
Miami is hereby repealed in its entirety.
Section 3.Chapter 11 of the Code of the City of Miami,
Florida, as amended, is hereby repealed in its entirety. A new
Chapter 11 is hereby substituted in lieu thereafter as follows:
"Chapter 11
CABLE TELEVISION
Section 11-1. Short Title.
This Ordinance shall be known and may be cited as
the "City of Miami Cable Systems Ordinance.
Section 11-2. Definitions.
For the purposes of this Ordinance, the following
terms, phrases, words and derivations shall have the
meanings given herein. When not inconsistent with the
context, words used in the present tense include the
future, words in the plural number include the singular
number, and words in the singular number include the
plural number. The words ."shall" and "will" are
mandatory, and "may" is permissive. Words not otherwise
defined herein or in any License Agreement that might be
granted hereunder shall be given the meaning set forth in
the Communications Act of 1934, 47 U.S.C. § 521
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et seq., and the Cable Communications Policy Act of 1984,
as amended by the Cable Television Consumer Protection
and Competition Act of 1992, and as amended by the
Telecommunications Act of 1996, and as those Acts may
hereinafter be amended (collectively the "Cable Act"),
and, if not defined therein, the common and ordinary
meaning.
(a) "Activated Channel" means those Channels
engineered at the headend of` a Cable System for the
provision of services generally available to Subscribers
of the Cable System, regardless of whether such services
actually are provided, including any Channel designated
for public, educational, or governmental use. Channels
on which signals flow in the direction from the headend
to the Subscriber are referred to as "downstream
Channels." Where the signal flows to the headend for re-
distribution, it shall be referred to as an "upstream
Channel."
(b)"Access Channel" means any Channel on a Cable
System set aside without charge by the Licensee for
public, educational and/or local governmental use.
(c) "Affiliate" means any Person who directly or
indirectly owns or controls, is owned or controlled by,
or -is under common ownership or control with a Licensee.
(d) "Analog Channel" means no less than 6 MHz of
bandwidth.
(e) "Applicant" means any Person submitting an
Application within the meaning of this Ordinance.
(f) "Application" means any proposal, submission or
request to (1) construct and operate a Cable System
within the City; (2) transfer a License or control of the
License or the Licensee; (3) renew a License; (4) modify
a License; or (5) seek any other relief from the City
pursuant to this Ordinance, a License Agreement, the
Cable Act, or other applicable Law.
(g) "Basic Cable Service" or "Basic Service" means
any Service Tier which includes the retransmission of
local television broadcast signals, and public,
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educational, or governmental Access Channels and such
services as may be defined as basic by applicable Law, as
otherwise provided in the License Agreement, during the
term of any License granted pursuant to this Ordinance.
(h) "Cable Act" means the Communications Act of
1934, 47 U.S.C. §521 et seq., as that Act has and may
hereinafter be amended.
(i) "Cable Operator" means any Person or group of
Persons who provides Cable Service over a Cable System
and directly or through one or more Affiliates owns a
significant interest in such Cable System, or who
otherwise controls or is responsible for, through any
arrangement, the management and operation of such a Cable
System.
(j) "Cable Service" means the transmission of video
or other programming services over a.Cable.System to
Subscribers together with Subscriber interaction, if any,
which is required for the selection or use of such video
programming or other programming services. To the extent
not prohibited by applicable Law, a Licensee agrees that
cable Internet services, including, but not limited to
@Home, Roadrunner and MediaOne Express, or other similar
services, provided by a Licensee, its parent, Affiliates
or subsidiaries, over the Cable System shall be deemed
"Cable Services" as permitted under Title VI of the
Communications Act of 1934, as amended.
(k) "Cable System," or "System" means any facility
consisting of a set of .closed transmission paths or other
transmission lines and associated signal generation,
reception and control equipment that is designed to
provide cable service which includes video programming
and which is provided to multiple Subscribers within the
City. Such term does not include (1) a facility that
serves only to retransmit the television signals of one
(1)'or more television broadcast stations; (2) a facility
that serves Subscribers without using any public rights-
of-way; (3) a facility of a common carrier that is
subject, in whole or in part, to the provisions of Title
II of the Communications Act of 1934, 47 U.S.C. §201 et
seq., except that such facility shall be considered a
Cable System (other than for purposes of
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Section 621(c) of the Cable Act) to the extent it is used
in the transmission of video programming directly to
Subscribers, unless.the extent of such use is solely to
provide interactive on demand services; (4) an open video
system that complies with Section 653 of the
Telecommunications Act of 1996; or (5) any facilities of
any electric utility used solely for operating its
electric utility systems. The foregoing definition of
"Cable System" shall not be deemed to circumscribe the
valid authority of the City to regulate the activities of
any other communications system or provider of
communications services, including but not limited to
telephony and open video systems.
(1) "City" means the City of Miami, a municipal
corporation of the State of Florida, in its present
incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
(m) "Commission" means the City Commission of the
City of Miami, Florida.
(n) "Control of a Licensee or Applicant" means
possession of the ability to direct or cause the
direction of the management or policies of a Licensee or
Applicant, or the operation of the Licensee's System,
whether through operational control in whatever manner
exercised or ownership of voting securities, by contract
or understanding, or in any other manner.
(o,) "Fair Market Value" means the price that a
willing buyer would pay to a willing seller for a going
concern but with no value allocated to the License
itself.
(p) "FCC" means the Federal Communications
Commission, or any successor governmental entity thereto.
(q) "License" means the nonexclusive right granted
by the City to a Licensee in a License Agreement to
construct, maintain and operate a Cable System under, on,
and over Streets, roads and any other public ways,
rights -of -ways, or easements within the City. The term
does not include any license or permit that may be
required by this Ordinance or other Laws, ordinances or
s
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regulations of the City for the privilege of transacting
and carrying on a business within the City or for
disturbing or carrying out any work on any Street.
(r) "License Agreement" means a contract entered
into in accordance with the provisions of this Ordinance
between the City and a Licensee that sets forth the terms
and conditions under which the License shall be
exercised.
(s) "License Area" means that territory within the
corporate limits of the City, as those limits may change
from time to time through annexation or contraction, over
which the terms of a License Agreement shall extend.
(t) "Licensee" means any Person granted a License
pursuant to this Ordinance who has entered into a License
Agreement with the City.
(u) "Gross Revenues" means all revenues recognized
in accordance with Generally Accepted Accounting
Principles (GAAP) generated directly or indirectly by the
Licensee and, any Affiliates, subsidiaries or parent of
the Licensee, provided that such entities are considered
Cable Operators as such term is defined herein, from any
source whatsoever arising from, attributable to, or in
any way derived from the operation of the Cable System to
provide Cable Services in the City. Notwithstanding
anything to the contrary contained in this subparagraph,
Gross Revenues include, but are not limited to, fees
charged Subscribers for Basic_ Service; fees charged
Subscribers for any optional, premium, per -Channel or
per -program service; fees charged Subscribers for any
tier of service other than Basic Service; installation,
disconnection, reconnection and change -in-service fees;
late fees; leased access fees; revenue from converter,
remote, modem or any other equipment rentals; revenues
from installation, service and content enhanced internet
products and services including, but .not limited to,
access services and content enhanced
services to the extent said services
may be considered Title VI services according to
applicable Law; revenues from cable guides; advertising
revenues allocable to the City based on a percentage of
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Subscribers in the City divided by the Subscribers in the
System (such percentage shall then be multiplied by the
total advertising revenue of the System to determine the
allocable gross revenue stemming from advertising).; and
revenues from home shopping Channels or other sources
allocable to the City, provided that where certain home
shopping Channel or other such revenue is allocable to
more than one License area due to common zip codes, the
Licensee shall allocate the percentage of revenue to the
City which is equivalent to the percentage of the
population of the City divided by the total population
for the allocable License areas in question. Gross
Revenues shall be the basis for computing the License fee
imposed pursuant to Section 11-16 hereof. Gross Revenues
shall not include revenues received from programmers and
used by Licensee to market or. promote a programming
service; any revenue received by Licensee for payment in
connection with PEG Access or facilities as required by
Section 11-15(b); any taxes on services furnished by the
Licensee which are imposed upon any Subscriber or user by
the state, county, City or other governmental unit and
collected by the Licensee on behalf of said governmental
unit and which the Licensee passes on in full to the
applicable tax authority. However, it is hereby
expressly provided that License fees.shall be included in
the calculation of Gross Revenues. Further, License fees
shall not be.paid on Subscriber deposits unless and until
said deposits are applied to a customer account for
services rendered. Notwithstanding anything herein to
the contrary, a Licensee shall include in Gross Revenues,
subject to License fees, revenues received from any and
all Cable Services for which such Licensee, or any
Affiliate, subsidiary or parent of the Licensee pays a
License fee to any other jurisdiction, provided that such
Cable Service is offered over the Cable System in the
City, unless the City and Licensee otherwise agree to
exclude certain revenues from License fees.
(v) "Institutional Network" means a dedicated
closed network, or an alternative acceptable to the City,
for use by the City to provide Cable Services and non -
Cable Services'for public, educational and governmental
use within the City. The network shall be capable of
providing one-way, two-way, interactive, and machine -to -
machine transfer of audio, video, voice and data signals
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within the network as designated by the City.
(w) "_Interconnection" means the electronic
connection of two or more Cable Systems for the purpose
of sharing public, education and government access
programming or transmissions.
(x) "Law" means all duly enacted and applicable
federal, state, county and City Laws, ordinances, codes,
rules, regulations and orders.
(y) "Leased Access Channel" means a Channel
designated in accordance with Section 612 of the
Communications Act, 47 U.S.C. §532, for commercial use by
Persons unaffiliated with the Licensee.
(z) "Overbuild" means a Cable System constructed to
serve Subscribers already served by an existing Cable
System.
(aa) "Person" means any individual, corporation,
partnership, association, joint venture, organization or
legal entity of any kind, and any lawful trustee,
successor, assignee, Transferee or Personal
representative thereof, but shall not mean the City.
(bb) "Service Tier" means a category of Cable
Service provided by a Licensee and for which a separate
charge is made by the Licensee.
(cc) "State -of -the -Art" means that level of
technical performance, equipment, components and services
more modern than that which has been developed and
demonstrated to be generally accepted and used in the
cable industry, excluding "tests" involving new products
offered for one year or less. The System shall have, at
a minimum, the capability of no less than the Channel
capacity, products and services available from a System
serving any similarly sized.City or other community in
the State of Florida, or other such System owned and
operated by the Licensee, its parent, Affiliates or
subsidiaries outside the State, except as otherwise set
forth in a License Agreement. In no event shall a System
having a bandwidth of less than 750 MHz be considered
"State -of -the -Art." Nothing herein shall be
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construed to require a Licensee to employ any specific
transmission technology.
(dd) "Street or Streets" means the surface, the air
space above the surface and the area below the surface of
any public Street, highway, road, boulevard, concourse,
driveway, freeway, thoroughfare, parkway, sidewalk,
bridge, tunnel, park, waterway, dock, bulkhead, wharf,
pier, court, lane, path, alley, way, drive, circle,
easement, or any other public right-of-way or public
place, including public utility easements dedicated for
compatible uses, or any other property in which the City
holds any kind of property interest or over which the
City exercises any type of lawful control, and any
temporary or permanent fixtures or improvements located
thereon, as may be ordinarily necessary and pertinent to
construct and operate a Cable System; but shall not
include City -owned buildings or City private property.
(ee) "Subscriber" means any Person who lawfully
receives Cable Service delivered over the Cable System.
(ff) "Subscriber Base" means the total number of
subscribers who receive Cable Service delivered to
individual homes, dwelling units or multiple dwelling
units, excluding such multiple dwelling units billed on a
bulk -billing basis.
(gg) "System Malfunction" means any Cable, System
equipment, facility or signal failure or malfunction that
results in the loss of satisfactory service on one (1) -or
more Channels to one (1) or more Subscribers. A
malfunction is major if it affects fifty (50) or more
Subscribers.
(hh) "Transfer -of a License" means any transaction
in which (1) any ownership or other interest in a
Licensee or its Cable System is transferred from one.
Person or group of Persons to another Person or group of
Persons so that Control of a Licensee or control of
Licensee's System is transferred; or (2) the rights
and/or obligations held by a Licensee under a License
Agreement are transferred or assigned to another Person,
group of Persons or business entity. A Transfer shall be
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considered "pro forma" only when it involves a Transfer
to a Person, group of Persons or business entity wholly
owned or controlled by the Licensee and shall not result
in a change in the control or ownership of the Licensee
or Licensee's System.
(ii) "Two -Way Capability" means the incorporation
into a Cable System of all appropriate design and
engineering characteristics and features, including all
necessary equipment, which shall be installed and
operational, so that two-way transmission, including but
not limited to addressability, over the System can be
implemented and activated.
(ii) "Video Channel" or "Channel" means a portion of
the electromagnetic frequency spectrum which is used in a
Cable System and which is capable of delivering a
television Channel, including the associated audio
signal.
Section 11-3. Intent and Purposes.
(a) It is the intent of the City and the purpose of
this ordinance to promote the public health, safety, and
general welfare by providing for the grant of one (1) or
more Licenses for the construction and operation of a
Cable System, and the provision of Cable Service, within
the City; to provide for the regulation, to the extent
provided for by Law, of each Cable System within the City
in the public interest; to provide for the payment of
fees and other valuable consideration by a Licensee to
the City for the use of Streets and rights-of-way by its
Cable System; to promote the widespread availability of
quality Cable Service to City residents and businesses,
the City, and other public institutions; to encourage the
development of cable and other communications
technologies and Cable Systems as a means of
communication between and among members of the public,
City businesses, the City, and other public institutions;
to promote competitive cable rates and services; to
promote the safe and efficient use of City Streets; to
enhance and maximize the full potential of Streets used
by Cable Systems; and to encourage the provision of a
diversity of information sources to City residents,
businesses, the community, the City, and other public
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institutions by cable technology.
(b) Recognizing the continuing development of
communications technology and uses, it is the policy of
the City to encourage experimentation and innovation in
the development of Cable System uses, services,
programming and techniques that shall be of general
benefit to the community to the extent all such
experiments and innovations are consistent with
applicable Laws.
Section 11-4. Grant of Authority; License Required.
(a) The City may grant one or more Licenses in
accordance with this Ordinance.
(b) No Person may construct ,or operate a Cable
System over, on, or under public Streets, or provide
Cable Service, in the City without a License granted by
the City unless otherwise permitted to do so by Law, and
no Person may be granted a License without having entered
into a License Agreement with the City pursuant to this
Ordinance and other such ordinance of the City as may be
applicable.
(c) Unless otherwise authorized by Law, any License
granted pursuant to this Ordinance is solely for the
provision of Cable Service. The City's authority to
regulate and/or authorize the use of the Streets of the
City for the provision of non -cable video or other
telecommunications services (including the offering of
dark fiber or connectivity) and/or any service not
included under Title VI of the Communications Act of
1934, as amended, as of the effective date of this
Ordinance, shall not be waived, nor shall such
authorization to use the Streets of the City for the
provision of other than Cable Services be granted, under
a License granted pursuant to this Ordinance. Licensee's
failure to comply with this subsection shall result in
imposition of fines to be paid by the Licensee to the
City in the amount of not less than Two Thousand Dollars
($2,000) per violation, per day or part thereof that the
violation continues.
Section 11-5. License Characteristics.
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(a) A License authorizes use of City Streets and
rights-of-way, for installing, on.poles or underground,
cables, wires, lines, optical fiber, underground conduit,
ducts, conductors; 'amplifiers, vaults, and other
facilities as necessary and pertinent to operate a Cable
System to serve Subscribers within the City, but does not
expressly or implicitly authorize the Licensee to provide
service to, or install cables, wires, lines, underground
conduit, or any other equipment or facilities upon
private property without owner consent (except for use of
compatible easements pursuant to Section 621 of the Cable
Act, 47 U.S.C. § 541(a)(2)), or to use publicly or
privately owned conduits without a separate agreement
with the owners.
(b) A License is nonexclusive, and shall not
expressly or implicitly preclude the issuance of other
Licenses to operate Cable Systems within the City, or
affect the right of the City to authorize use of City
Streets to other Persons to operate Cable Systems or for
other purposes as it determines appropriate.
(c) All privileges prescribed by a License shall be
subordinate to any prior lawful occupancy of the Streets,
and the City reserves the right to reasonably designate
where a Licensee's facilities are to be placed within the
Streets. Such designation may include, but not be
limited to, consideration of the availability of space in
the rights of way.
(d) No Transfer of a License shall occur without
the prior consent of the City and unless Application is
made by the Licensee, and City approval obtained,
pursuant to Section 11-24 hereof.
(e) A License granted to an Applicant pursuant to
this Ordinance to construct, operate and maintain a Cable
System within the City, shall be deemed to constitute
both a right and an obligation on the part of the
Licensee to provide the services and facilities of a
Cable System as required by the provisions of this
Ordinance and the License Agreement. The License
Agreement shall constitute all of the terms and
conditions of the License that are finally negotiated and
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agreed upon by the City and Licensee. Licensee shall be
bound by all documents or other portions of an
Application, including oral representations made by an
Applicant, or its representatives, before the City
Commission, which the City relies upon as inducement to
granting an initial, renewal, transfer or modification of
a License, or taking other action relating to the
License, and which are integrated by the City and
Licensee as an exhibit to the License or amendment
thereof.
(f) Notwithstanding anything to the contrary, in
the event that Licensee, its parent, Affiliate or
subsidiary elects to offer to Subscribers video
programming services through an "open video system",
Licensee shall remain subject to all terms and conditions
of a License granted pursuant to this Ordinance.
Section 11-6. Licensee Subject to Other -Laws, Police Power.
(a) A Licensee shall at all times be subject to and
shall comply with all applicable and lawful federal,
state and local Laws. A Licensee shall at all times be
subject to all lawful exercise of the police power of the
City.
(b) Subject to applicable Law, except as may be
specifically provided in this Ordinance or under the
terms of a License Agreement and subject to the Cable
Act, the failure of the City, upon one or more occasions,
to exercise a right or to require compliance or
performance under this Ordinance or a License Agreement
shall not be deemed to constitute a waiver of such right
or a waiver of compliance or performance.
Section 11-7. Interpretation of License Terms; Conflicts.
(a) The provisions of this Ordinance at the time of
the grant of a License (initial or renewal) shall apply
to a License Agreement as if fully set forth in the
License Agreement, and the express terms of this
Ordinance shall prevail over conflicting or inconsistent
provisions in a License Agreement unless such License
Agreement expresses an intent to amend or modify a
requirement of this Ordinance.
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(b) Except as to matters which are governed by
federal Law or regulation, a License Agreement shall be
governed by and construed in accordance with the Laws of
the State of Florida.
Section 11-8. Applications for Grant, Renewal, Modification or
Transfer of Licenses.
(a) A written Application shall be filed with the
City for (1) grant of an initial License; (2) renewal of
a License in accordance with Section 626(a) -(g) of the
Communications Act, 47 U.S.C. 546; (3) modification of a
License Agreement; (4) Transfer or change of control of a
License; or (5) any other relief from the City pursuant
to this Ordinance or a License Agreement.
(b) To be acceptable for filing, a signed original
of the Application shall be submitted together with seven
(7) copies, be accompanied by the required non-refundable
Application filing fee as set forth in Section 11-8(i)
hereof, conform to any applicable request for proposals,
and contain all required information. All Applications
shall include the names and addresses of Persons
authorized to act on behalf of the Applicant with respect
to the Application.
(c) All Applications accepted for filing shall be
made available by the City for public inspection.
(d) An Application for the grant of an initial
License may be filed pursuant to a request for proposals
issued by the City or on an unsolicited basis. The City,
upon receipt of an unsolicited Application, may issue a
Request for Proposals. If the City elects to issue a
Request for Proposals upon receipt of an unsolicited
Application, the Applicant may submit an amended
Application in response to the Request for Proposals, or
may inform the City that its unsolicited Application
should be considered in response to the Request for
Proposals, or may withdraw'its unsolicited Application.
An Application which does not conform to the reasonable
requirements of a Request for Proposals may be considered
non-responsive and denied on that basis.
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(e) An Application for the grant of an initial
License shall contain; at minimum, the following
information:
(1) Name and address of 'the Applicant and
identification of the ownership and
control of the Applicant, including: the
names and addresses of all Persons with
five percent (50) or more ownership
interest in the Applicant, including the
names and addresses of parents or
subsidiaries holding such ownership
interests directly or indirectly; the
Persons who control the Applicant; all
officers and directors of the Applicant;
and any other Cable System ownership or
other communication ownership interest of
each named Person; provided that in the
case of an Application for a renewal or
transfer of a License, the information
regarding Cable System ownership or other
communication ownership interest shall be
provided upon written request 'of_ the
City;
(2) An indication of whether the Applicant,
or any Person controlling the Applicant,
or any officer, or director or Person
with five percent (5%) or more ownership
interest in the Applicant, has been
adjudged bankrupt, had a cable License
revoked, or been found by any court or
administrative agency to have violated a
security or antitrust Law, or to have
committed a felony, or any crime
involving moral turpitude; and, if so,
identification of any such Person and a
full explanation of the circumstances;
provided that in the case of an
Application for renewal or transfer of a
License, a Licensee shall provide such
information upon written request;
(3) A demonstration of the technical, legal
and financial ability of the Applicant to
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construct and/or operate the proposed
Cable System, including identification of
key personnel;
(4) A copy of any agreement covering the
License area, if existing, between the
Applicant and any public utility
providing for the use of any facility of
the public utility, including, but not
limited to, the use of utility poles,
lines or conduits. In the case of a
Transfer pursuant to Section 11-24
hereof, Licensee shall only be required
to provide evidence of the assignability
of such agreements;
(5) In the case of an Application for an
initial License, a statement prepared by
a certified public accountant or duly
authorized financial officer of the
Applicant regarding the financial ability
of the Applicant to complete the
construction and operation of the Cable
System proposed;
(6) A description of the prior experience of
the Applicant in Cable System ownership,
construction and operation, and
identification of communities in which
the Applicant or any Person having a
controlling interest in the Applicant or
having more than a ten percent (100)
ownership interest in the Applicant has,
or has had, a cable franchise or License
or any interest therein; provided that in
the case of an Application for a transfer
of a' License, a Licensee shall provide
such information upon written request;
(7) Upon reasonable request of the City, the
Applicant shall provide copies of any
franchise or License agreements entered
into by Applicant, its parent, Affiliate
or subsidiary;
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(8) A description of the physical facilities
proposed; including Channel capacity,
performance characteristics, headend, and
access facilities; upon request, the
Applicant shall provide information on
technical design;
(9) In the case of an Application for an
initial grant of a License, where
applicable, a description of the
construction of the proposed Cable
System, including an estimate of plant
mileage and its location, the proposed
construction schedule, a description,
where appropriate, of how services shall
be converted from existing facilities to
new facilities, and information on the
availability of space in conduits
including, where appropriate, an estimate
of the cost of any necessary
rearrangement of existing facilities;
(10) For informational purposes, the proposed
rate structure, including projected
charges for each Service Tier,
installation, converters, and other
equipment or services, and the ownership
interest of the Applicant in any proposed
program services to be delivered over the
Cable System;
(11) A demonstration of how the proposal of
the Applicant shall reasonably. meet the
future cable -related needs and interests
of the community;
(12) A description of any Cable Services
offered by the Applicant or its parent,
Affiliate or subsidiary, and Applicant's
plan with respect to the availability,of
services to Subscribers in the City;
(13) Upon request, for information purposes
only, a description of any non -Cable
Services offered by the Applicant or its
Page 18 of 89
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parent, Affiliate or subsidiary and plan
of the Licensee with respect to the
availability of such services to
Subscribers in the City;
(14) Upon request, for information purposes
.only, a description of any non -Cable
Services offered by the Applicant or its
parent, Affiliate or subsidiary in any
other community and a copy of the terms
and conditions pursuant •to which
Applicant offers such non -Cable Services
in any other community; ,
(15) A proposal by Applicant to offer discount
rates to qualified senior citizens,
consistent with Section 623(e) (1) of the
Cable Act;
(16) In the case of an Application for an
initial License or the transfer of a
License, where the transferee is not a
publicly traded company, pro forma
financial projections for the first five
(5) years of the License term, including
a statement of 'projected income, and a
schedule of planned capital additions,
with all significant assumptions
explained in notes or supporting
schedules;
(17) If an Applicant proposes to provide Cable
Service to an area already served by an
existing cable Licensee, the
identification of the area where the
Overbuild would occur, the potential
Subscriber density in the area which
would encompass the Overbuild, and the
ability of the Streets to accommodate an
additional System;
(18) In the case of a renewal or transfer
Application, any other information as may
be reasonably necessary to demonstrate
compliance with the requirements of this
Page 19 of 89
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Ordinance and information that the City
may reasonably request of the Applicant
that is relevant to the consideration of
the City of the Application; and
(19) An affidavit or declaration of the
Applicant or authorized officer
certifying the truth and accuracy of the
information in the Application,
acknowledging the enforceability of
Application commitments, and certifying
that the proposal meets all federal and
state Law requirements.
(f) An Application for modification of a License
Agreement shall include, at minimum, the following
information:
(1) The specific modification requested;
(2) The justification for the requested
modification, including the impact of the
requested modification on Subscribers and
others;
(3) A statement whether the modification is
sought pursuant to Section 625 of the
Cable Act, 47 U.S.C. §545, and, if so, a
demonstration that the requested
modification meets the standards set
forth iii 47 U.S.C. §545;
(4) Any other reasonable information
.necessary for the City to make an
informed determination on the Application
for modification; and
(5) An affidavit or declaration of the
Applicant or authorized officer
certifying the truth and accuracy of the
information in the Application, and
certifying that the Application is
consistent with all federal and state Law
requirements.
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(g) An Application for renewal of a License shall
comply with the requirements of Section 11-23 hereof.
(h) An Application for approval of a Transfer of a
License shall comply with the requirements of Section 11-
24 hereof.
(i) To be acceptable for filing, an Application
shall be accompanied by a non-refundable filing fee in
the following amount, as appropriate:
(1) For a new or initial
License: $25,000
(2) For renewal of a License: $10,000
(3) For a Transfer of a License
other than a pro forma
Transfer): $10,000
(4) For a pro forma Transfer
of a License: $ 5,000
(5) For modification of a License
Agreement pursuant to
47 U.S.C. § 545: $10,000
(6) For any other relief: $ 5,000
The purpose of the filing fee is to defray,a portion of
the cost to the City in processing an Application. Such
fee shall be credited against amounts due under Section
11-9(f) herein. The filing fee is therefore intended to
be a charge incidental to the awarding or enforcing of a
License within the meaning of Section 622(g)(2)(D) of the
Cable Act, 47 U.S.C. § 54 2 (g) (2) (D) , and may not be
deducted from the License fee imposed, in a License
Agreement and shall not be passed through to Subscribers.
Section 11-9. Grant of Licenses.
(a) The City'may grant a License for a period not
to exceed ten (10) years.
(b) The City may make the grant of a License
Page 21 of 89
conditioned upon the completion of construction within a
reasonably prescribed time or upon the performance of
other specific obligations which are to be set forth in
the License Agreement, specifying that failure to comply
with the condition shall cause the License to become null
and void or may require the Licensee to pay liquidated
damages to the City as specified in a License Agreement.
(c) In evaluating an Application for a License, the
City may consider, among other things, the following
factors: the technical, financial, and legal
qualifications of the Applicant to construct and operate
the proposed System; the adequacy of the proposed
construction arrangements, facilities, equipment, and,
services based on the public convenience, safety and
welfare; the experience of the Applicant in constructing
and operating Cable Systems and providing Cable Service
in other communities, if any; the ability of City Streets
to accommodate the proposed System; the potential
disruption to users of City Streets and any resultant
inconvenience to the public; and whether the proposal
shall meet reasonably anticipated community needs and
serve the public interest. Evaluation by the City shall
not be based on the content of the programming the
Applicant proposes to provide.
(d) The City shall hold a public hearing to
consider an Application or Applications for a License,
The Applicant(s) shall be notified of the hearing and
shall be given an opportunity to be heard. Based upon
the Application(s), the testimony presented at the public
hearing, any recommendations of the City or staff, and
any other information relevant to the Application(s), the
City shall decide by resolution whether to grant or deny
a License Application(s) and decide the terms and
conditions of any License(s) granted.
(e) After complying with the above requirements,
the City Commission shall approve or disapprove the
proposed License Agreement by resolution, or may direct
that it be subject to further negotiation.
(f) An Applicant for an initial License hereunder
shall reimburse the City for all reasonable expenses
incurred by the City in considering and processing the
Page 22 of 89
Application, including but not limited to costs and
expenses resulting from accrued City in-house staff time,
out of pocket expenses or administrative costs, and
consulting and legal costs, less the amount of the filing
fee set pursuant to Section 11-8(i). Within thirty (30)
calendar days from the date of the resolution approving
or denying the initial grant of the License thereof by
the City Commission, the City shall bill the Applicant
for the amount of the processing fee and its method of
calculation. If the processing fee is not received by
the City within thirty (30) calendar days of date of the
bill, the City shall notify, such Applicant and the
Applicant shall pay a late fee at the rate of eighteen
percent (180) per annum of the amount of the unpaid or
underpaid fee provided, however, that such rate does not
exceed the maximum amount allowed under applicable Law.
If said fee is not received in total by the City within
sixty (60) calendar days of the date of the bill, the
City shall notify such Applicant and,. if applicable, the
License shall be revoked. This processing fee is
intended to be a charge incidental to the awarding or
enforcing of a License within the meaning of Section
622 (G) (2) (d) of the Cable Act, 47 U.S.C. §542 (G) (2) (d) ,
and may not be deducted from the License fee imposed in a
License agreement and shall not be passed through to
Subscribers.
Section 11-10. Insurance; Surety; Indemnification.
(a) A Licensee shall be required by the City to
maintain, and by its acceptance of the License,
specifically agrees that it shall maintain, throughout
the entire term of the License including any renewals
thereof, insurance coverage insuring the Licensee with
respect to the construction, operation and maintenance of
the Cable System, and the conduct of the Licensee's
business in the City, as described below and as required
to satisfy all requirements of Florida Law.
(1) Comprehensive General Liability Insurance
including contractual liability,
explosion, collapse and underground
property damage, bodily injury and broad
form property damage, personal and
advertising injury and products/completed
Page 23 of 89
11936
operations coverage. The Licensee shall
carry limits with a combined single limit
of no less than Three Million Dollars
($3,000,000) per occurrence naming the
City as an additional insured. The
Licensee shall require any subcontractors
to provide adequate insurance and provide
proof of insurance to the City as well.
(2) The Licensee shall carry Workers
Compensation and Employers Liability
Insurance in compliance with Florida
Statute. The Licensee shall require any
subcontractors to provide workers
compensation insurance for all of the
subcontractors' employees.
(3) Automobile Liability Insurance covering
all owned, hired and non -owned vehicles
used in connection with any activities
arising out of this agreement. Such
insurance shall afford coverage with a
combined single limit of no less than One
Million Dollars ($1,000,000) per
occurrence. The Licensee shall require
any subcontractors to provide automobile
liability insurance for all of the
vehicles used by subcontractors arising
out of the License.
(b) All insurance policies shall be with insurance
companies authorized to do business in the State of
Florida and shall be with insurance companies with a
minimum Best's Rating of AVll,.or an equivalent rating,
and Financial Size Category Rating of X (ten).
(c) A Licensee shall keep on file with the City
certificates of insurance which certificates shall
indicate evidence of payment of the required premiums and
shall indicate that the City, its officers, boards,
Commission, commissioners, agents and employees are
listed as additional insureds, and that this insurance is
primary over any other insurance or self-insurance
program available to the City whether collectible or not.
In the event of a potential claim such that the City
Page 24 of 89
11936
claims insurance coverage, Licensee shall immediately
respond to all reasonable requests by the City for
information with respect to the scope of the insurance
coverage.
(d) All insurance policies shall name the City, as
additional insured and shall further provide that any
cancellation or reduction in coverage shall not be
effective unless sixty (60) calendar days prior written
notice thereof has been given to the City. A Licensee
shall not .cancel any.required insurance policy without
submission of proof that the Licensee has obtained
alternative insurance satisfactory to the City which
complies with this Ordinance.
(e) A Licensee shall, at its sole cost and expense,
indemnify, hold harmless, waive subrogation against and
defend the City, its officials, boards, commissions,
commissioners, agents, and employees, against any and all
third party claims, suits, causes of action, proceedings,
judgments for damages or equitable relief, and costs and
expenses arising out of the construction, maintenance or
operation of its Cable System by the Licensee, its agents
or employees, the conduct of Licensee's business by the
Licensee, its agents or employees in the City, or the
granting of a License Agreement to.the Licensee or in any
way arising out of the Licensee's enjoyment or exercise
of a License granted hereunder, regardless of whether the
act or omission complained of is authorized, allowed or
prohibited by this Ordinance or a License Agreement'.
This provision includes, but is not limited to, the
reasonable attorneys' fees of the City incurred in
defending against any such claim, suit or proceedings;
and claims arising out of copyright infringements or a
failure by the Licensee to secure consents from the
owners, authorized distributors, or providers of programs
to be delivered by the Cable System, claims arising out
of Section 638 of the Cable Act, 47 U.S.C. 558, and
claims against the Licensee for invasion of the right of
privacy, defamation of any Person, firm or corporation,.
or the violation or infringement of any copyright, trade
mark, trade name, service mark or patent, or of any other
right of any Person, firm or corporation. The City shall
give the Licensee written notice of any claim or of the
commencement of any action, suit or other proceeding
Page 25 of 89
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0. a
covered by the indemnity in this Section. In the event
any such claim arises, the .Licensee shall have the
obligation and duty to defend the City and any other
indemnified party hereunder; provided, however, -Licensee
may not agree to any settlement of.claims affecting the
City without the City Attorney's approval. If the City
Attorney finds that separate representation to fully
protect the interests of the City'is necessary, Licensee
shall consult with the City Attorney on counsel that is
acceptable to the City Attorney. If Licensee is
unwilling or unable to select counsel acceptable to the
City Attorney, Licensee shall pay all expenses incurred
by the City in defending itself with regard to any
action, suit or proceeding subject to this
indemnification. The City's expenses shall include all
out of pocket expenses, attorney's fees and costs of the
City Attorney or his/her assistants, or any employees of
the City, outside attorneys, or other agents. Not
withstanding anything to the contrary contained in this
subparagraph, the obligation of the Licensee shall not
extend to any claims caused by the gross negligence of
the City, its officials, boards, commissioners, agents or
employees, or to claims arising from Licensee's provision
of Access Channels for public, educational and/or
governmental use pursuant to Section 11-15 hereof and a
License Agreement, to the extent such claims relate to
programming and content on such Channels, over which
Licensee has no editorial control nor exercises
administrative control.
(f) Notwithstanding anything to the contrary, a
Licensee shall be responsible for all actions of the
subcontractors and shall agree to indemnify and hold.
harmless the City for any and all claims against the City
or arising out of the activity of such subcontractors.
Section 11-11. Security Fund.
(a) The City shall require in a License Agreement
that, prior to the License becoming effective, the
Licensee shall post with the City a security fund. Such
fund may be in the form of a cash deposit, letter of
credit, or performance bond as determined by the City in
its sole discretion or as set forth in a License
Agreement. The security fund shall be used to ensure the
Page 26 of 89
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Licensee's faithful performance of and compliance with
all provisions of this Ordinance, the License Agreement,
and other applicable Law, and compliance with all orders,
permits and directions of the City, and the payment by
the Licensee of any claims, liens, fees, or taxes due the
City which arise by reason of the construction, operation
or maintenance of the System. The amount of the security
fund shall be the amount that the City determines, under
circumstances existing at the time, that is necessary to
protect the public, to provide adequate incentive to the
Licensee to comply with this Ordinance and the License
Agreement, and to enable the City to effectively enforce
compliance therewith, but in no event less than Two
Million Dollars ($2,000,000). The License Agreement
shall provide for the procedures to be followed with
respect to the security fund. Neither the posting of the
cash deposit or filing of an indemnity bond or any form
of performance bond with the City, nor the receipt of any
damages recovered by the City thereunder, shall be
construed to excuse faithful performance by the Licensee
or limit the liability of the Licensee under the terms of
its License for damages, either to the full amount of the
fund or otherwise.
(b) The rights reserved to the City with respect to
the security fund are in addition to all other rights of
the City, whether reserved by this Ordinance or
authorized by other Law or the License Agreement, and no
action, proceeding.or exercise of a right with respect to
such security fund shall affect any other right the City
may have.
Section 11-12. Construction Bond.
(a) The City shall require in a License Agreement
that, prior to any Cable System construction, upgrade,
rebuild or other significant work in the Streets a
Licensee shall establish in the favor of the City a
construction bond in an amount specified in the License
Agreement or other authorization as necessary to ensure
the faithful performance of the Licensee of the
construction, upgrade, rebuild or other work, but in no
event shall the amount of the bond be less than Five
Hundred Thousand Dollars ($500,000). Licensee shall at
all times comply with Chapter 54 of the Code of the City
Page 27 of 89
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of Miami.
(b) In the event a Licensee subject to such a
construction bond fails to complete the Cable System
construction, upgrade or other work in the Streets in a
safe, timely and competent manner in accord with the
provisions of the License Agreement, there shall be
recoverable, jointly.and severally from the principal and
surety of the bond, any damages or loss suffered by the
City as a result, including the full amount of any
compensation, indemnification or cost of removal or
abandonment of any property of the Licensee, or the cost
of completing or repairing the System construction,
upgrade or other work in the Streets, plus a reasonable
allowance for attorneys' fees, up to the full amount of
the bond. The City may also recover against the bond any
amount recoverable against the security fund pursuant to
Section 11-11 hereof where such amount exceeds that
available under the security fund.
(c) The License Agreement may specify that upon
completion of the Cable System construction, upgrade,
rebuild or other work in the Streets and payment of all
construction obligations of the Cable System to the
satisfaction of the City, the City may eliminate the bond
or reduce its amount. However, the City may subsequently
require an increase in the bond amount for any subsequent
construction, upgrade, rebuild or other work in the
Streets.
(d) The construction bond shall be issued by a
surety having a minimum rating of A-1 in Best's Key
Rating Guide, Property/Casualty Edition, or an equivalent
rating acceptable to the City; shall be subject to the
approval of the City Attorney; and shall provide that
this bond may not be canceled, or allowed to lapse, until
sixty (60) calendar days after receipt by the City, by
certified mail, return receipt requested, of a written
notice from the issuer of the bond of intent to cancel or
not to renew.
(e) The rights reserved by the City with respect to
any construction bond established pursuant to this
Section are in addition to all other rights and remedies
the City may have under this Ordinance, the License
Page 28 of 89
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ft a
Agreement, or at Law or equity.
Section 11-13. Minimum Facilities and Services.
(a) The following minimum requirements for
facilities and services apply to all Licenses granted by
the City. The City may require in a License Agreement
that a Licensee exceed these minimum -requirements where
it determines, under circumstances existing at the time
of the grant of the License, that the additional
requirements are necessary to meet the future cable
related needs of the City and interests or to serve the
public interest.
(1) Any Cable System that commences
construction, including but not limited
to initial construction, rebuild,
upgrade, or reconstruction after the
effective date of this Ordinance shall
have a minimum capacity of at least 750
MHZ providing no less than seventy-eight
(78) activated Video Channels or its
digital equivalent, including Two-way
Capability -as defined in Section 11-2(ii)
hereof. The construction, rebuild,
upgrade or reconstruction of any Cable
System must be completed within a twenty-
four (24) month construction schedule. A
License Agreement may provide for a
larger minimum Channel capacity
requirement as well as upgrades during
the term of a License. Licensee's
failure to comply with this subsection
shall result in imposition of fines to be
paid by the Licensee to the City in the
amount of not less than One Thousand
Dollars ($1,000) per violation, per day
or part thereof that the violation
continues.
(2) The City may require in a License
Agreement that a Licensee provide Access
Channels, facilities and other support
for public, educational and/or
governmental use, in excess of the
Page 29 of 89
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minimum requirement of this Ordinance.
Licensee's failure to comply with the
terms of a License Agreement with respect
to the provision of Access Channel
facilities and other support for public,
educational and/or governmental use shall
result in imposition of fines to be paid
by the Licensee to the City in the amount
of not less than One Thousand Five
Hundred Dollars ($1,500) per violation,
per day or part thereof that the
violation continues.
(3) A Cable System shall provide Leased
Access Channels as required by federal
Law.
(4) If required by the terms of a License
Agreement, a Licensee shall, at minimum,
provide at least one cable outlet and
shall provide Cable Service, including
Basic and Cable Programming Service Tier,
with the exception of digital and
premium/pay-per-view, or its equivalent,
without charge, to each and every floor
of all public buildings including, but
not limited to City buildings, parks,
community and day-care centers, and any
other public building designated by
resolution of the City Commission. In
addition, Licensee agrees to provide one
(1) outlet of cable service without
charge to each and every floor of all
buildings of the City that may be
constructed, opened or annexed within the
City after the effective date of the
License Agreement, subject to the service
policy set forth below. In new locations
and remodels of existing locations,
Licensee shall have access to -'pre-
wire. I I
pre -
wire." Such Cable Service shall at a
minimum include the Basic Cable Service
tier, and all programming offered without
additional charge on the cable
programming Service Tier offered by
Page 30 of 89
11936
Licensee over the Cable System.
Licensee's failure to comply with this
subsection shall result in imposition of
finesto be paid by the Licensee to the
City in the amount of not less than Five
Hundred Dollars ($500) per violation, per
day or part thereof that the violation
continues.
(5) If required by the terms of a License
Agreement, Licensee shall, upon request,
provide to each and every floor of all
public buildings including, but not
limited to City buildings, parks,
community and day-care centers, and any
other public building designated by
resolution of the City Commission, with,
at minimum, one (1) free connection to an
on-line service provided by Licensee.
Such on-line service will provide access
to the Internet. Upon request, each City
building, park, community center and day-
care center within the City, and any
other public building. designated by
resolution of the City Commission, shall
receive, at minimum, one (1) free cable
modem which will be allowed to be
networked, and free, unlimited access to
the on-line service. All services
requested shall be provided not later
than one (1) year after Licensee makes
commercially available an on-line service
for personal computers within the City.
Licensee's failure. to comply with this
subsection shall result in imposition of
fines to be paid by the Licensee to the
City in the amount of not less than Five
Hundred Dollars ($.500) per violation, per
day or part thereof that the violation
continues.
(6) Licensee shall, at a minimum, provide`at
least one cable outlet and shall provide
Cable Service, including Basic and Cable
Programming Service Tier, with the
Page 31 of 89
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exception of digital and premium/pay-per-
view, or its equivalent, without charge,
to each floor, not to exceed three (3)
floors, in.all public and private schools
(as defined by, and which receives
funding pursuant to, Title I of the
Elementary and Secondary Education Act of
1965, 20 U.S.C. 421(a) et seq., as
amended), (grades K-12). Licensee will
make arrangements for each school to
receive school materials for teachers and
other facility administrators, to the
extent they are available, that explain
the educational applications of the
broadband Cable Systems and services
offered on the Cable System. The
materials will be provided to all
connected schools. Licensee's failure to
comply with this subsection shall result
in imposition of fines to be paid by the
Licensee to the City in the amount of not
less than Five Hundred Dollars ($500) per
violation, per day or part thereof that
the violation continues.
(7) Licensee shall upon written request from
the school, provide all schools (as
defined in (6) above) within the City
which receive Cable Service with, at
minimum, one (1) free connection to an
on-line service provided by Licensee.
Such on-line service will provide access
to the Internet. Upon request, each
connected school shall receive, at
minimum, one (1) free cable modem which
will be allowed to be networked, and
free, unlimited access to the on-line
service. All services requested shall be
provided not later than one (1) year
after Licensee makes commercially
available an on-line service for personal
computers within the City. Additional
cable modems and operational support and
services .(for example, assisting schools
in setting up and maintaining reliable
Page 32 of 89
11936
•
•
Internet connections) shall be provided
to connected schools upon written request
and at the actual and direct costs of
Licensee. -In addition, Licensee shall
sponsor local workshops in each region to
educate teachers and other facility
administrators about its on-line service
and to provide connected schools, City
parks, community centers and day-care
centers with an opportunity for hands-on
training. Licensee's failure to comply
with this subsection shall result in
imposition of fines to be paid by the
Licensee to.the City in the amount of not
less than Five Hundred Dollars ($500) per
violation, per day or part thereof that
the violation continues.
(8) A Cable System shall include an
"emergency alert" capability, which shall
permit the City Manager or designated
representative, to the extent permitted
by applicable law, to remotely override
the audio of all Channels on the Cable
System or to allow for video crawl over
all Channels.
(9) The City may seek the use of a portion of
the Cable System's bandwidth for
collecting data from Subscribers for
purposes including but not limited to a
fire, police or other alarm system,` or
reading water meters, provided that the
following conditions are met: 1) Licensee
has excess capacity on its System, at
each location the City wishes to utilize
at the time of the request and, as of the
date of the City's request, has not
allocated such excess capacity, as
evidenced by a written agreement with a
third party for such bandwidth for
provision of services during the twelve
(12) months following the date of City's
request; 2) the City purchases the
necessary equipment according to the
11936
Page 33 of 89
reasonable technical specifications
provided by Licensee; 3) attachment of
the necessary equipment is performed by
the Licensee owning the Cable System, and
the City reimburses the labor and
material cost of such attachment to said
Licensee at the direct, actual costs to
Licensee; 4) the City pays to the
Licensee the direct and actual costs of
the bandwidth usage,. but in no event to
exceed the lowest rate offered by the
Licensee to an unaffiliated third party
for similar bandwidth usage; and 5) no
sooner than one (1) year after City
commences use of the bandwidth, a
Licensee may thereafter reclaim the
excess bandwidth, upon no less than one
hundred twenty (120) calendar days
notice, if it plans to provide an
additional product or service to its
customers utilizing said bandwidth within
six (6) months of reclaiming the
bandwidth, provided that City shall have
a right of first refusal for use of the
bandwidth on terms and conditions equal
to those at which the Licensee proposes
to offer the capacity to a third party.
To the extent a Licensee is providing an
Institutional Network for the City, at no
cost to the City, such provision may be
in. lieu of the Licensee's obligations
under this Section.
(10) A Licensee shall make available to its
Subscribers equipment capable of decoding
closed circuit captioning information for
the hearing impaired.
(11) The Cable System operator shall maintain
equipment capable of providing standby
powering for headend transportation and
trunk amplifiers for a minimum of two (2)
hours. The equipment shall be
constructed so as to automatically notify
the cable office when it is in operation
Page 34 of 89
11936
and to* automatically revert to the
standby mode when the AC power returns.
All utility safety regulations must be
followed to prevent a standby generator
from powering the "dead" utility line,
with possible injury to an unwitting
lineman.
(b) Most Favored Nation.
(1) Pursuant to the requirements of a License
Agreement, a Licensee shall provide, at a minimum, the
same facilities, services, products and benefits
available on any System serving any other similarly sized
city or other community in the State of Florida, or other
such communities outside the State, owned and operated by
the Licensee, its parent, Affiliate or subsidiary.
(2) Licensee's failure to comply with this
subsection shall result in imposition of fines to be paid
by the Licensee to the City in the amount of not less
than One Thousand Five Hundred Dollars ($1,500) per
violation, per day or part thereof that the violation
continues.
(c) Universal Service.
Upon request and payment of all applicable charges
and provided that the requesting Person grants the
Licensee access to his or her premises in order to
furnish, maintain, and continue to offer Cable Service to
that Person, a Licensee shall, throughout the term of a
License, offer any Person at his or her place of
residence or place of business within the License Area,
all Cable Services distributed over the Cable System,
except as otherwise set forth in a License Agreement.
Licensee's failure to comply with this subsection shall
result in imposition of fines to be paid by the Licensee
to the City in the amount of not less than Five Hundred
Dollars ($500) per violation, per day or part thereof
that the violation continues.
(d) Upon Licensee's acquisition of facilities in
any City Right -of -Way, or upon the annexation to the City
of any area in which Licensee owns or operates any
119 3 64
Page 35 of 89
facility, Licensee shall, at the City's request, submit
to the City a statement describing all facilities
involved, whether. authorized by License, permit,
franchise or other prior right, and specifying the
location of all such facilities to the extent Licensee
has possession of such information. Such facilities
shall immediately be subject to the terms of Licensee's
License granted pursuant to this Ordinance.
(e) Pursuant to the requirements of a License
Agreement, in the event Licensee offers cable Internet
services over its Cable System in the City, it shall,
taking into account technical feasibility, provide access
to its cable modem platform to providers of Internet
access and on-line services on comparable terms and
conditions to those terms and conditions on which access
is provided by Licensee, its parent, Affiliate or
subsidiary in any other community. Licensee shall comply
with all lawful requirements with respect to access to
Licensee's cable modem platform for providers of Internet
access and on-line services.
(f) A Licensee granted a License under this
Ordinance shall make a proposal to the City for the
installation, operation and maintenance of or provide
funding for an Institutional Network ("I -NET"). The I-
NET shall, at minimum, take into consideration the
interconnection of all government and other public
buildings, schools, or Persons as designated by the City,
with minimum technical facilities as shall be specified
subject to negotiation between the City and the Licensee.
A Licensee may provide the City, subject to City
approval, with an equivalent of an I -NET, based on
current technology, in lieu of the obligation set forth
herein.
(g) Where an I -NET already exists in the City, an
Applicant for a License shall provide the City with a
capital grant in an amount which represents the cost of
an Institutional Network, or, at the City's sole option,
alternative facilities, equipment and support, including
but not limited to a new Institutional Network, in
satisfaction of Licensee's obligation to provide the City
with an I -NET pursuant to this Ordinance.
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Section 11-14. Technical Standards.
(a) Any Cable System within the 'City shall at
minimum meet the technical standards of the FCC or other
applicable federal, state, county or City technical
standards, including any and all applicable rules,
regulations, codes, and standards as hereinafter amended
or adopted. All television signals transmitted on a
Cable System shall include any closed circuit captioning
information for the hearing impaired. Antennas,
supporting structures, and outside plants used in the
System shall be designed to comply with all generally
accepted industry practices and standards and with all
federal, state, county and City ordinances, rules and
regulations, including but not limited to the City Zoning
Code.
(b) All construction, installation and maintenance
of the Cable System shall comply with federal and state
codes, as well as the National Electrical Safety Code,
the National Electric Code, the South Florida Building
Code, all local codes and ordinances and any and all
applicable rules, regulations and codes, as hereinafter
may be amended or changed.
(c) At the times specified in the License Agreement
or as required by FCC rules, the,Licensee shall perform,
at its expense, proof of performance tests designed to
demonstrate compliance with the requirements of this
Ordinance, the License Agreement, and FCC requirements.
The Licensee shall provide, upon written request, the
proof of performance test results to the City within ten
(10) calendar days after completion. The City shall have
the right to inspect the Cable System facilities during
and after construction to ensure compliance with the
requirements of the License Agreement, this Ordinance,
and FCC standards.
(d) The City may require any other tests as
specified in a License Agreement, or required by
applicable Law or regulation, or where there have been
extensive complaints made, or where there exists other
demonstrative evidence which in the reasonable judgment
of the City casts doubt upon the reliability or technical
quality of the Cable System to be performed at the
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expense of the Licensee; provided that if the results of
such tests indicate that Licensee Is in compliance with
the requirements of this Ordinance and/or the License
Agreement, the expenses incurred by the Licensee in
conducting said tests shall be borne by the City. The
Licensee shall provide the test results to the City
within ten (10) calendar days of completion of the proof
of performance or other tests.
(e) The Licensee shall provide the City ten (10)
calendar days advance written notice when a proof of
performance test required in subsections (c) and (d)
above is scheduled, in order that the City may have an
observer present.
(f) A Licensee shall not design, install or operate
its facilities in a manner that shall interfere with the
signals of any broadcast station, the facilities of the
City, the facilities of any public utility, the Cable
System of another Licensee, or individual or master
antennas used for receiving television or other broadcast
signals. In the event any such interference is
discovered, Licensee shall take all actions necessary to
remedy the problem as quickly as is technically feasible.
(g) In any License granted pursuant to this
Ordinance, a Licensee shall agree to maintain that level
of technology to satisfy the State -of -the -Art as defined
in Section 11-2(.cc), subject to qualifications,
conditions, and terms that may be expressly identified in
a License Agreement, if any. Licensee's failure to comply
with this subsection shall result in imposition of fines
to be paid by the Licensee to the City in the amount of
not less than One Thousand Five Hundred Dollars ($1,500)
per violation, per day or part thereof that the violation
continues.
(h) Licensee shall provide Access Channels,
equipment and facilities, and capital support, in
accordance with Section 11-15, as well as such .other
benefits and services required by a License Agreement.
Licensee's failure to comply with this subsection shall
result in imposition of fines to be paid by the Licensee
to the City in the amount of not less than One Thousand
Five Hundred Dollars ($1,500) per violation, per day or
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. 11936
part thereof that the violation continues.
(i) In the event that the City Commission
determines that it is in the public interest of the
residents of the City to renew or approve the Transfer of
a License where the Licensee is not in compliance with
the requirements of this section at the time of the
grant, the City may agree in an agreement, or an
amendment to a License Agreement, to a program whereby
the Licensee is permitted a specified period of time, not
to exceed twenty-four (24) months, to come into
compliance. However, the City's approval of any such
plan shall be contingent upon Licensee's agreement to
provide the City and any Subscribers with fines, refunds,
credits or service vouchers as liquidated damages for the
harm suffered due to Licensee's non-compliance. The City
may grant extension of the time period herein, for good
cause shown.
Section 11-15. Public Education and Government Support.
(a) It is the purpose and intent of the City to
require that all Licensees provide Access Channels,
facilities, equipment and support sufficient to meet the
needs and interests of the community with respect to
public, education and government activities.
(b) A Licensee granted a License pursuant to this
Ordinance shall provide to the City, a grant per
Subscriber, as represented in the Subscriber Base as
defined in Section 11-2(ff), per month for PEG capital
support, as set forth in a License Agreement. The actual
amount of the per Subscriber, per month charge shall be
determined based upon the City's needs as identified in a
projected budget to be prepared by the City Manager and
submitted to Licensee not later than September 30 of each
year during the term of the License Agreement.
(c) A Licensee shall provide a minimum of one (1)
Access Channel, and facilities dedicated to the exclusive
use of the City and such other capital support for
public, educational and/or governmental use as required
in a License Agreement and allocated at the sole
discretion of the City. The Licensee shall provide one
upstream Channel for each Access Channel then used by the
Page 39 of 89
RM
City to the headend, as technically necessary for the
operation of Access Channels referred to herein or as
otherwise required by a License Agreement. The City may
increase the .number of PEG Channels to a number not to
exceed five (5), so long as a threshold use requirement
is met for each Channel the City then utilizes. In order
to request an additional PEG Access Channel, the existing
PEG Access Channel(s) must be programmed at least eight
(8) hours a day with non -repetitive, locally produced
programming, Monday through Friday, for a minimum of six
(6) consecutive weeks. For purposes of calculating the
eight (8) hour programming requirement, the live
cablecast of all Commission and Board meetings, in their
entirety, shall be included for not more than one
Channel. Character -generated programming shall not be
included for purposes of calculating the programming
requirement. Once the threshold is met and an additional
Access Channel given, the initial Access Channel(s) must
maintain the threshold requirement. After attaining the
threshold requirement, if the initial Access Channel
fails to meet, the threshold for four (4) consecutive
months, the additional Access Channel may be reclaimed by
Licensee upon sixty (60) calendar days written notice.
Under no circumstances shall the City lose the right to
its first initial Access Channel. However, at all times
after a second Access Channel is provided to the City,
the initial Access Channel shall maintain the threshold
requirement a minimum of fifty percent (500) of the time,
to be measured every four (4) months based on usage for
the preceding twelve (12) months. In addition, a
Licensee shall cablecast to all Subscribers in the City
of Miami all Miami -Dade County public, educational,
and/or government Channels provided however that the
total number of Access Channels shall not exceed the
number set forth in a License Agreement.
(d) During the term of the License, the Licensee
shall provide, as specified in a License Agreement or
otherwise agreed to, such equipment, facilities and
technical support as the City Commission may determine is
useful for the production and cable casting of
programming on the public, education and government
Channels. Applications for initial grants, renewals or
transfers of Licenses shall include a proposal to provide
such support.
Page 40 of 89
(e) As may be required in a License Agreement, a
Licensee shall tape or cablecast live events held in the
City as may be designated by the City subject to no less
than four (4) weeks advance notice in writing to the
Licensee. The number of events designated by the City
hereunder shall be no less than twenty-four (24) in any
given calendar year. A License Agreement may provide for
a maximum number of designated events. Unless specified
by the City, the live cablecast of a Commission or Board
meeting shall not be counted as a designated event.
(f) Applications for an initial or renewed License
may, and at the request of the City, shall include
proposals for the provision of an Institutional Network
interconnecting City, educational institutions, and/or
other public facilities as designated by the City from
time to time.
(g) Applications for an initial License shall
include a proposal for the Interconnection of Licensee to
any or all other Cable Systems operating within the
County for purposes of providing or sharing PEG Access
Channels. In the case of an Application for renewal or
transfer of a License, Applicant shall include in its
Application a statement outlining the status of the
Interconnection of Licensee's Cable System to any and all
Cable Systems operating within Miami -Dade County.
(h) A License may provide for additional financial
grants in lieu of or in addition to some or all of the
facilities, equipment, and services referenced in this
Section.
(i) A Licensee shall agree that the facilities,
equipment, monetary grant, and all other support to be
provided by a Licensee pursuant to this Section, and as
set forth in a License Agreement constitute capital costs
which are required by the License to be incurred by
Licensee for public, educational, or government access
facilities within the meaning of Section 622(g)(2)(C) of
the Cable Act, 47 U.S.C. §542(g)(2)(C), that such grant
does not constitute a License fee or tax within the
meaning of Cable Act, state Law, City Code of the City of
Miami, or a License Agreement; and that the Licensee
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shall waive, and will not assert in any proceeding, any
claim to the contrary. The City shall use the
facilities, equipment," monetary grant and all other
support to be provided by Licensee pursuant to this
Section in a manner consistent with Section 622(g)(2)(C)
of the Cable Act.
Section 11-16. License Fee.
(a) A Licensee, as compensation for the privilege
granted under a License for the use of the Streets of the
City to construct and operate a Cable System to provide
Cable Services in the City, shall pay to the City a
License fee in an amount up to a maximum of either (1)
five percent (5%) of the Licensee's Gross Revenues
derived directly or indirectly from the operation.of its
Cable System within the City during the term of its
License pursuant to Section 11-2(u) hereof; or (2) in the
event the Cable Act or other applicable Law is amended to
permit the City to assess a License fee of a greater
amount than that specified in (1) above, the Licensee
agrees to pay to the City the new amount after a public
hearing in which the public and Licensee are given an
opportunity to comment on the impact of the higher fee.
Moreover, Licensee shall conclude any such agreement with
respect to a fee increase with the City prior to
finalizing an agreement with Miami -Dade County.
(b) Licensee's payment of the License fee to the
City shall be reduced only by that amount the Licensee is
required to pay Miami -Dade County pursuant to any cable
License, License or ordinances of the County.
Notwithstanding anything to the contrary, Licensee shall
pay to the City the full amount of all fees to which it
is entitled pursuant to part A of this Section, on
revenues not expressly included in.the definition of
Gross Revenues'' pursuant to Chapter 8 of the Code of
Miami -Dade County, or as such Chapter may be amended.
(c) A Licensee shall pay the License fee due to the
City on a quarterly basis. Payment for each quarter
shall be made to the City not later than thirty (30)
calendar days after the end of each calendar quarter.
(d) A Licensee shall file with the City, on a
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11936
quarterly basis with'the payment of the License fee, a
financial statement setting forth- the computation of
Gross Revenues used to calculate the License fee for the
preceding quarter and a detailed explanation of the
method of computation. The statement shall include but
not be limited,to identification of all revenue streams
directly or indirectly connected with the Cable System,
in accordance with the definition of Gross Revenues,
Section 11-2(u), whether or not involved in License fee
computation. The statement shall be certified by a
certified public accountant or the chief financial
officer or other duly authorized officer of the Licensee.
The Licensee shall bear the cost of the preparation of
such financial statements.
(e) Subject to applicable Law, no acceptance by the
City of any License fee payment shall be construed as an
accord that the amount paid is in fact the correct
amount, nor shall such acceptance of payment be construed
as a release of any claim the City may have for
additional sums payable.
(f) The License fee payment is not a payment in
lieu of any other tax, fee or assessment.
(g) The City may, from time to time, and upon
reasonable notice, inspect and audit any and all books
and records of the Licensee relevant to the determination
of Gross Revenues and the computation of License fees
due, and may re -compute any amounts determined to be
payable under the License. If, as a result of the audit,
the City determines that the Licensee has underpaid the
quarterly License fees owed in an amount equal to or
exceeding two percent (2%) of the License fees actually
paid based on components of Gross Revenues as
specifically defined herein,the cost of the audit shall
be paid by the Licensee to the City within thirty (30)
calendar days of receipt of demand for payment, unless
Licensee can show the audit is materially incorrect. A
Licensee shall make all books and records necessary to
satisfactorily perform the audit readily available to the
auditors in Miami -Dade County, for inspection and copying
or in the alternative, Licensee shall pay all incremental
costs and fees incurred by the City for.the City to
perform the audit at a location outside of Miami -Dade
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11936
County. A Licensee shall provide any and all materials
within thirty (30) calendar days of receipt of a request
from the City.
(h) In the event that a License fee payment is not
received by the City on or before the due date set forth
in Subsection (c) above, or is underpaid, the Licensee
shall pay a late, charge of eighteen percent (180) per
annum of the amount of the unpaid or underpaid License
fee payment, provided, however, that such rate does not
exceed the maximum amount allowed under Florida Law. Any
such failure to remit payment on a timely basis, after
written notice and failure to cure, shall be considered a
material violation of this Ordinance and any License
granted pursuant hereto. Any interest and/or late
charges paid by Licensee is intended to be a charge
incidental to the enforcing_ of a License within the
meaning of Section 622 (g)(2)(D) of the Cable Act, 47
U.S.C. §542 (g)(2)(D), and may not be deducted from the
License fee imposed by this Ordinance or any License
Agreement nor passed through to Subscribers.
(i) When a License terminates for any reason, the
Licensee shall file with the City within ninety (90)
calendar days of the date its operations in the City
cease, a financial statement, certified by the chief
financial officer of the Licensee, showing the Gross
Revenues received by the Licensee since the end of the
previous fiscal year. Adjustments shall be made at that
time for License fees due to the date that the Licensee's
operations ceased.
(j) The Licensee's use of City private property for
the placement or attachment of equipment used in the
provision of Cable Services (e.g., generators, power
supply units, concrete environmental closures (CEC),
etc.) shall be in accordance with City policies and
procedures.
Section 11-17. Reports and Records.
(a) The Licensee shall submit reports to the City
quarterly according to the following schedule: January
through March are due on or before April 25, April
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11936
through June are due on or before July 25, July through
September are due on or before October 25, and October
through December are due on or before January 25 of each
year.
The quarterly report shall include, but not be limited
to.
(1) Number of homes passed, number of cable
plant miles, number of new installs,
number of disconnects, and net result of
new installs and disconnects.
(2) Customer service and repair telephone
statistics, broken down by month,
indicating the number of calls received,
number of calls abandoned, number of
calls receiving a busy signal, percentage
of total calls for which a busy signal
was received, average duration of each
call handled by a customer service
representative, average length of time
each caller waits before speaking
directly to a customer service
representative and number of customer
service representatives staffed to handle
telephone calls.
(3) To the extent compiled by the Licensee in
the normal course of its business,
statistics by month for the number of
total standard installations performed,
number of standard installations
performed within seven (7) calendar days,
number of service interruptions, number
of planned service interruptions, number
of service interruptions by day part (1
a.m. to 6 a.m., 6 a.m. to 6 p.m., 6 p.m.
to 1 a.m., or, upon request of the City,
based on shorter measurement intervals as
Licensee has available), number of
service interruptions by duration, number
of service interruptions responded to
within twenty four (24) hours, number of
other service problems responded to
Page 45 of 89
11936
within thirty six (36) hours,
preventative measures to reduce or
eliminate service interruptions, and any
other information which may be reasonably
required to monitor the Licensee's
compliance with this chapter. A Licensee
may comply with the requirements of this
subsection by providing to the City a
copy of the actual complaint and/or
service. interruption log(s) kept by
Licensee.
(4) Revenue information, including, but not
limited to: Number of Subscribers for
each type of Cable Service offered, and
the Gross Revenue from all sources
attributable to the operations of the
Cable System by the Licensee, its Parent,
Affiliate or subsidiary in the City of
Miami, stating separately by category
each source and the amount of revenue
attributable thereto.
(b) Within six (6) months of the close of its
fiscal year, the Licensee shall provide an annual report
to the City that includes the following information:
(1) A summary of the activities of the
previous year in development of the
System, including but not limited to,
products and services, video and
nonvideo, initiated or discontinued,
policy changes enacted during the
previous year, number of Cable
Subscribers for each tier or type of
service or product (including gains and
losses), homes passed, and miles of cable
distribution plant in service. The
summary shall also include a comparison
of any construction, including System
upgrades, during the year with any
projections previously provided to the
City, as well as rate and charge
increases and/or decreases for the
previous fiscal year. The report shall
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11936
provide a comparison to other Systems
operated by Licensee, its parent,
Affiliate, or subsidiary sufficient to
determine Licensee's compliance with its
obligation pursuant to this Ordinance and
the License Agreement.,
(2) An annual financial report to include a
statement of sources of revenues for the
Licensee, or the smallest operational
.unit closest to the level of the Licensee
for which data is available, and
Licensee's parent; provided that the City
may request, in writing, and Licensee
shall provide, additional information at
the System or License level, ' as
reasonably necessary. The Licensee shall
provide an audited financial report if
Licensee has a report in its normal
course of business. If not, the
statements shall be certified by the
chief financial officer of the Licensee.
The financial report shall include notes
to the financial statements that specify
all significant accounting policies and
practices upon which it is based.
(3) Where applicable, a copy of updated maps
depicting the location of all trunk lines
and feeder lines and associated devices
in the City to the extent such locations
have changed. Upon request of the City,
such maps shall be provided in digitized
form at the expense of the Licensee.
(4) A summary of written Subscriber or
resident complaints, identifying the
number and nature of complaints and their
disposition, including an annual summary
of statistics provided in the quarterly
report. Where complaints involve
recurrent System problems, the nature of
each problem and the corrective measures
taken shall.be identified. More detailed
information concerning complaints shall
Page 47 of 89
11936
be submitted upon written request of the
City.
(5) Upon written request, a summary of the
number of service interruptions, number
of planned service interruptions, and
number of service interruptions by
duration, along with preventative
measures to eliminate reoccurrence.
(6) Upon written request, if the Licensee is
a corporation, a list of officers and
members of the board of directors; the
officers and members of the board of
directors of any parent corporation; and
if the Licensee or parent corporation
stock or ownership interests are publicly
traded, a copy of its most recent annual
report.
(7) Upon written request, if the Licensee is
a partnership, a list of the partners,
including any limited partners, and
addresses; and if the general partner is
a corporation, a list of officers and
members of the board of directors or the
corporate general partner, and the
officers and directors of any parent
corporation; and where the general
partner or parent corporation ownership
interests are publicly traded, a copy of
its most recent annual report.
(8) Upon written_ request, a list of all
Persons holding five percent (50) or more
ownership or otherwise cognizable
.interest in the Licensee pursuant to the
Cable Act and 47 C.F..R. 76.501.
(9) A copy of the rules and regulations of
the Licensee applicable to Subscribers of
the Cable System.
(10) A report on the number of senior citizen,
economically disadvantaged or disabled
Page 48 of 89
._ 11936
Subscribers receiving any rate discounts
pursuant to Section 11-20(a) hereof, and
the amount of any such discounts for
specific services if Licensee offers
separate rates or discounts for those
categories of Subscribers.
(11) A report on the number of multiple
dwelling buildings and units therein
receiving service under bulk agreements
pursuant to Section 11-20(a) hereof.
(12) A full schedule and description of
services, service hours and location of
the customer service office of the
Licensee or offices available to
Subscribers, and a schedule of all rates,
fees and charges for all services
provided over the Cable System.
(13) Upon written request, a report on the
number of total Subscribers served by the
Licensee in the Cable System, with a
breakdown by the types of services
received by the Subscribers.
(14) Upon written request, a report on the
number of personnel employed by the
Licensee by area of responsibility,
including any ethnic reporting pursuant
to Equal Employment Opportunity
Commission requirements.
(c) Upon each written request by the City made not
more than once annually, a Licensee shall within forty-
five (45) calendar days of receipt of the request,
provide the following documents to the City, without
regard to whether the documents are filed by the Licensee
or an Affiliate:
(1) Annual financial
or its parent
Licensee which
issues an annual
report of the Licensee
or any Affiliate of
controls Licensee and
financial report;
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11936
0 0
(2) Copyright filings reflecting the
operation of the System;
(3) Any pleadings, petitions, applications,
communications, reports and documents
(collectively referred to as "filings")
submitted within the previous twelve (12)
months by or on behalf of the Licensee to
the FCC, SEC or any state or federal
agency, court or regulatory commission
which filings may adversely impact the
operation of the Cable System of the
Licensee in the City or that may impact
the rights or obligations of the City
under this Ordinance or the License
Agreement issued pursuant to this
Ordinance and any and all responses, if
any, to the above mentioned filings.
(4) Any and all notices of deficiency,
forfeiture, or documents instituting any
investigation, civil or, criminal
proceeding issued by any state or federal
agency regarding the System, Licensee, or
any Affiliate of Licensee, provided,
however, that any such notice or
documents relating to an Affiliate of
Licensee need be provided only to the
extent the same may directly or
indirectly affect or bear on operations
of the Licensee. in the City. For
example, a notice that an Affiliate which
has a management contract for the City's
System was not in compliance with FCC EEO
requirements would be deemed to affect or
bear on operations in the City.
(5) A copy of any cable Licenses or
franchises entered into by Licensee, its
parent, Affiliate or subsidiary. A
Licensee shall provide a copy of such
documents as soon as reasonably possible
but no later than within thirty (30)
calendar days of such request.
11 e) 3.9
Page 50 of 89
(d) Notwithstanding anything to the contrary, the
Licensee agrees to provide the City, within ten (10)
calendar days of filing or receipt of such, any document
that may, in the. reasonable judgment of the Licensee,
adversely impact the construction, operation or
maintenance of the Cable System of the Licensee.
(e) The Licensee shall furnish to the City such
additional reports as a Licensee may prepare as a
customary business practice with respect to its
operations, which in the discretion of the City Manager
are reasonable and necessary for the administration
and/or enforcement of this chapter.
(f) Within ten (10) calendar days of filing by
Licensee, its parent, subsidiary, or Affiliate, Licensee
shall provide notice tb the City Manager of any
petitions, filings, reports and correspondence filed with
any federal, state, or local agencies or courts, which
may, in the reasonable judgment of the Licensee,
adversely affect City and/or Subscribers with regard to
the Ordinance or a License Agreement, including, but not
limited to, any request for protection under bankruptcy
laws, or any judgment related to a declaration of
bankruptcy. In any administrative or legal proceeding in
which Licensee is a party, Licensee shall provide a copy
of any filed document, upon written request of the City,
within five (5) calendar days. To the extent the City
desires and may properly participate in the proceeding,
Licensee agrees that it will not oppose any necessary
extension or tolling of time which may allow the City's
participation in said matter. However, the Licensee may
oppose or object to any extension of time that exceeds
the period of time used by Licensee to provide a copy of
the requested filing to the City.
(g) A Licensee shall make a complete set of books
and records available for inspection, copying and audit
by the City in Miami -Dade County, for purposes of
ascertaining compliance with requirements of this
Ordinance and the License Agreement, subject to
subsection (h) below. Such inspection, copying and audit
shall be upon reasonable notice and during normal
business hours.
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(h) The City shall accord all books and records
that it inspects under this Section the degree of
confidentiality such books and records are entitled to
under federal and state Law. A Licensee's books and
records shall not constitute public records, except to
the extent required by federal and state Law. To the
extent a Licensee considers any books or records that it
is required to produce to be confidential or otherwise
protected from public disclosure, Licensee shall
designate which documents it views as protected and
provide a written explanation to the City of the legal
basis for Licensee's claim of protection.
(i) Notwithstanding anything to the contrary in this
section, within thirty (30) calendar days of the third annual
anniversary of the effective date of a License Agreement and
no more often than every two (2) years thereafter, the
Licensee shall upon written notice of the City, submit a
report to the City, in a form reasonably acceptable to the
City, discussing technological advances and other information
necessary to evaluate Licensee's compliance with State -of -the -
Art obligations under a License Agreement or this Ordinance,
except as otherwise set forth in a License Agreement.
Section 11-18. Customer Service Requirements.
(a) A Licensee shall at a minimum maintain all parts of
its System in good condition and in accordance with FCC
standards. Sufficient employees shall be retained to provide
safe service for all of its customers and facilities as set
forth in this Ordinance and a License Agreement. The customer
service requirements set forth herein are applicable to all
services subject to the Ordinance. Licensee's -failure to
comply with this subsection shall result in a refund order in
the amount of a Subscriber's monthly bill, and a fine in the
amount of Five Hundred Dollars ($500), per violation, per day
or part thereof that the violation continues.
(b) A Licensee shall maintain at least two (2)
conveniently located business offices and/or service centers
within the City limits, unless Licensee offers free pick-up
and delivery of rental equipment, in which case Licensee shall
maintain at least one (1) such location. This business office
shall be open at minimum from 8:00 a.m. to 6:00 p.m., Monday
through Friday, and 8:30 a.m. to 5:00 p.m. on Saturday.
Page 52 of 89
11936
Further, Licensee shall locate, staff, operate and maintain
said office(s) so as to provide all Subscribers, including but
not limited to those Subscribers who may be elderly, disabled
or otherwise impaired, with access to its office. The office
shall make available for all customers 1) parking within
reasonable proximity of the office and 2) sufficient covered
waiting areas and adequate seating capacity in an air-
conditioned space.. Such office must have adequate counter
personnel to keep wait time to an average of ten (10) minutes
or less. Licensee's failure to comply with this subsection,
under normal operating conditions, shall result in a fine in
the amount Three Hundred Dollars ($300) per violation, per day
or part thereof that the violation continues.
(c) Licensee shall maintain a listed local, toll-free
telephone number under the name by which .Licensee is doing
business in the City, and employ a sufficient number of
telephone lines, personnel and answering equipment or service
to allow reasonable access by Subscribers and members of the
public to contact the Licensee on a full-time basis, twenty-
four (24) hours per day, seven (7) calendar days per week
including holidays. Knowledgeable, qualified Licensee
representatives shall be available to respond to customer
telephone inquiries, twenty-four (24) hours per day, seven (7)
days per week including holidays in, at minimum, English,
Spanish and Creole languages. Licensee's failure to comply
with this subsection shall result in a refund order in the
amount of a Subscriber's monthly bill, and a fine in the
amount of Three Hundred Dollars ($300), per violation, per day
or part thereof that the violation continues.
(d) Licensee shall answer all customer service and
repair telephone calls made under normal operating conditions
within thirty (30) seconds, including wait time and within an
additional thirty (30) seconds to transfer the call.
Customers shall receive a busy signal less than three percent
(3%) of the time. These standards shall be met no less than
ninety percent (90%) of the time under normal operating
conditions except for the period from 12:00 a.m. to 6:00 a.m.,
where a Licensee and the City have mutually agreed in writing
to an alternative standard measured on a quarterly basis.
Licensee shall employ Automatic Call Distribution technology,
or its equivalent, to compile and generate the information
required to establish compliance with these standards.
Licensee's failure to comply with this subsection shall result
Page 53 of 89
11936
•
L:i
in a fine in the amount Three Hundred Dollars ($300) per
violation, per day or part thereof that the violation
continues.
(e) A Licensee shall employ and maintain sufficient
qualified personnel and equipment to be available
(1) to accept payments;
(2) to exchange or accept converters or other
equipment;
(3) to receive Subscriber complaints or requests
for service or repairs on a full-time basis,
twenty-four ( 2 4 ) hours per day, seven ( 7 ) days
per week;
(4) to initiate service installations., undertake
normal repairs, initiate action with respect
to any Subscriber service complaints within
twenty-four (24) hours;
(5 ) to enable a service technician to respond to
service calls twenty-four (24) hours per day,
seven (7) days a week including holidays when
more than 25 Subscribers served from the same
nearest active electronic device, such as an
amplifier or node, call with the similar
complaint. Licensee's failure to comply with
this subsection shall result in a fine in the
amount of Three Hundred Dollars ($300) per
violation, per day or part thereof that the
violation continues.
(f) Licensee must meet each of the following standards
no less than ninety-five (95) percent of the time under normal
operating conditions as measured on a quarterly basis:
(1) Standard installation work shall be performed
within seven (7) calendar days after an order
has been placed except in those instances
where a Subscriber specifically requests an
installation date beyond the seven (7)
calendar day period. If scheduled
installation is neither started nor completed
Page 54 of 89
as scheduled, the Subscriber shall be
telephoned by an employee of the Licensee the
same day. Evening personnel shall also
attempt to call Subscribers at home between
the hours of 5:30 p.m. and 8:00 p.m. on the
day prior to any appointment as a reminder of
scheduled installation work. If the call to
the Subscriber is not answered, an employee of
the Licensee shall telephone the Subscriber
the next day;
(2) Licensee shall respond to service
interruptions promptly and in no event later
than twenty-four (24) hours after the
interruption becomes known to Licensee. Other
service problems shall be responded to
promptly and in no event later than forty-
eight (48) hours after the problem becomes
known to Licensee. All service interruptions,
and service problems within the control of
Licensee, shall be corrected within forty-
eight (48) hours after receipt of a complaint;
(3) The appointment window alternatives made
available for installations, service calls,
repairs, and other installation activities
shall be either a specific time, a four-hour
time block during normal business hours, or at
the election and discretion of the Subscriber,
"all day." These options shall be clearly
explained to the customer at the time of
scheduling;
(4) Licensee may not cancel an appointment with a
Subscriber after the close of business on the
business day prior . to the scheduled
appointment;
(5) If at any time an installer or technician is
running late for a scheduled appointment, an
attempt to contact the customer shall be made
and the appointment rescheduled' as necessary
at a time which is convenient for the
customer.
Page 55 of 89 11936
(6) Licensee's failure to comply with this
subsection shall result in a bill credit in an
amount prorated on a daily basis, with a
minimum of one (1) day, and a fine in the
amount of Three Hundred Dollars ($300), per
violation, per day or part thereof that the
violation continues.
(g) Subscribers who have experienced two (2) missed
installation or service appointments due to the fault of
Licensee shall receive installation free of charge. If the
installation was to have been provided free of charge or if
the appointment was for service or repair, the Subscriber
shall receive a credit on the next bill of not less than
Twenty Dollars ($20). Licensee's failure to comply with this
subsection shall result in a fine in the amount of One Hundred
Dollars ($100) per violation, per day or part thereof that the
violation continues.
(h) Disconnection.
(1) Voluntary Disconnection.
(i) A Subscriber may terminate service at any
time.
(ii) A Licensee shall promptly disconnect any
Subscriber who so requests from the Cable
System of the Licensee. No period of
notice prior to voluntary termination of
service may be required of Subscribers by
any Licensee. So long as the Subscriber
returns equipment within five (5)
business days of the disconnection, no
charge may be imposed by any Licensee for
such voluntary disconnection, or for any
Cable Services delivered after the date
of disconnect request.
(iii)A Subscriber may be asked, but not
required, to disconnect the equipment of
the Licensee and return it to the
business office, subject to (ii) above.
(iv) Any security deposit and/or other funds
Page 56 of 89
IM
due the Subscriber shall be refunded on
disconnected accounts after any customer
premises equipment including all
converters but excluding wiring have been
recovered by the Licensee. The refund
process shall take a maximum of forty-
five (45) calendar days from the date
equipment is returned to Licensee to the
date the customer receives the refund.
(2) Involuntary Disconnection. If a Subscriber
fails to pay a monthly Subscriber or other fee
or charge, the Licensee may disconnect the
service outlet of the Subscriber; however,
such disconnection shall not be effected until
thirty-five (35) calendar days after the due
date of the monthly Subscriber fee or other
charge, and ten (10) calendar days advance
written notice of intent to disconnect to the
Subscriber in question. If the Subscriber
pays within thirty-five (35) calendar days of
the due date and after notice of disconnection
has been given, the Licensee shall not
disconnect. After disconnection, upon payment
by the Subscriber in full of all proper fees
or charges, including the payment of the
reconnection charge, if any, the Licensee
shall reinstate service as soon as
practicable. Licensee reserves the right to
deny service to any customer who has been
repeatedly disconnected for non-payment of
services to the extent such rights are
consistent -with applicable state and federal
Law.
(3) With respect to any disconnection, whether
requested or involuntary, a Licensee shall
comply with the rules and regulations of the
FCC and applicable Law with respect to
ownership, sale, removal and abandonment of
home wiring. Failure to comply with such
rules including, but not limited to providing
applicable notice to Subscribers and property
owners shall be considered a violation of this
Ordinance.
Page 57 of 89
11936
(4) Licensee's failure to comply with this
subsection shall result in a fine in the
amount of Three Hundred Dollars ($300) per
violation, per day or part thereof that the
violation continues.
(i) Licensee shall intentionally interrupt service only
for good cause and for the shortest time possible and shall
use its best efforts to minimize the number of service
interruptions between 6:00 p.m. and 11:00 p.m. Licensee shall
maintain a written log for all intentional service
interruptions and -all other service interruptions. Licensee's
failure to comply with this subsection shall result in a fine
in the amount of Three Hundred Dollars ($300) per violation,
per day or part thereof that the violation continues
(j) Licensee shall notify the City Manager or designee
immediately if a service interruption affects fifty or more
Subscribers for a time period greater than one hour. The City
Manager, in his or her discretion, shall establish appropriate
methods for the notification required herein, including any
procedures for notification after normal business hours.
Licensee's failure to comply with this subsection shall result
in a fine in the amount of Two Hundred Dollars ($200) per
violation, per day or part thereof that the violation
continues.
(k) Licensee shall cause all of its field employees to
wear a picture identification badge indicating employment by
Licensee. This badge shall be clearly visible to the public.
All company vehicles shall display the company name,
telephone number and logo, if any, in a manner clearly visible
to the public. Contractor vehicles shall display the
contractor name, telephone number, contractor license number,
if applicable, as well as the Cable Operator's name.
Licensee's failure to comply with this subsection shall result
in a fine in the amount of Two Hundred Dollars ($200) per
violation, per day or part thereof that the violation
continues.
(1) A Licensee shall develop written procedures for the
investigation and resolution of all Subscriber or City
resident complaints, including, but not limited to, those
regarding the quality of service and equipment malfunction,
Page 58 of 89
11936
which procedures shall be subject to the review and approval
by the City Manager. A Subscriber or City resident who has
not been satisfied by following the procedures of the Licensee
may file a written complaint with the office of the City
Manager, who shall investigate the matter and, in consultation
with the Licensee as appropriate, attempt to resolve the
matter. The good faith or lack thereof of the Licensee in
attempting to resolve Subscriber and resident complaints in a
fair and equitable manner shall be considered in connection
with the 'renewal Application of the Licensee. Licensee shall
maintain a complete list of all complaints not resolved within
three (3) calendar days of. receipt and the measures taken to
resolve those complaints. This list shall be compiled in a
form to be approved by the City. It shall be compiled on a
monthly basis. The list for each calendar month shall be
supplied to the City no later than the 15th day of the next
month. Licensee shall also maintain a list of all complaints
received, which list shall be provided to the City within
three (3) calendar days of request by the City Manager or
designee, as part of an inquiry by the City regarding
Licensee's compliance with this Section. Licensee's failure
to comply with this subsection shall result in a fine in the
amount of Five Hundred Dollars ($500) per violation, per day
or part thereof that the violation continues.
(m) Licensee shall permit the City designee to inspect
and test the technical equipment and facilities of the System
upon reasonable notice not to be less than seventy-two (72)
hours, except in an emergency. Licensee's failure to comply
with this subsection shall result in a fine in the amount of
Five Hundred Dollars ($500) per violation, per day or part
thereof that the violation continues.
(n) Licensee shall abide by the following requirements
governing communications with customers, bills and refunds:
(1) Each Licensee shall provide to Subscribers
written information in each of the following
areas at the time of installation, at least
once annually, and at any future time upon
request by the Subscriber:
(i) How to use the Cable Service;
(ii) Installation and service maintenance
Page 59 of 89
11936
policies;
(iii)All products and services offered;
(iv) Prices and service options;
(v) Channel positions of programming carried
on the System;
(vi) The procedures of the Licensee for the
receipt and resolution of customer
complaints, the address of the Licensee
and telephone number to which complaints
may be reported, and. the hours of
operation;
(vii)The telephone number and address of the
City, and as required by County
ordinance, the County office designated
to handle cable complaints and inquiries
shall be printed on the back of the bill.
The information shall be placed so as to
not be confused with similar information
for Licensee or the County;
(viii)The availability and costs of a "lock-
out" device and other parental control
mechanisms;
(ix) The information of the Licensee,
collection, and disclosure policies for
the protection of the privacy of the
Subscriber.
(x) Licensee's failure to comply with this
subsection shall result in a fine in the
amount of'T,wo Hundred Dollars ($200) per
violation, per day or part thereof that
the violation continues.
(2) In addition, each Licensee shall provide
written notice in its monthly billing, at the
request of the City, of any events or public
service announcements.. The City shall make
such a request in writing, with reasonable
11936
Page 60 of 89
notice prior to the mailing of any billing by
Licensee, such that Licensee's regular bulling
cycle shall not be interrupted. City shall
pay printing costs and incremental postage
expenses for said notices. Licensee's failure
to comply with this subsection shall resu!it in
a fine in the amount of Five Hundred Dollars
($500) per violation, per day or part thereof
that the violation continues.
(3) Licensee bills shall be clear, concise and
understandable to Subscribers. Licensee's
failure to comply with this subsection shall
result in a fine in the amount of Two Hundred
Dollars ($200) per violation, per day or part
thereof that the violation continues.
(4) Credits for service shall be issued no later
than the next, billing cycle of the customer
following the determination that a credit is
warranted. Licensee's failure to comply with
this subsection shall result in a fine in the
amount of Two Hundred Dollars ($200) per
violation, per day or part thereof that the
violation continues.
(5) A Licensee shall provide Subscribers, thelCity
Commission, and the City Manager with at 'least
thirty (30) calendar days advance written
notice of any changes in rates, charges,
Channel lineup, or initiations or
discontinuations or changes of service or
services offered over the Cable System
whenever practicable. Licensee's failure to
comply with this subsection shall result in a
fine in the amount of Two Hundred Dollars
($200) per violation, per day or part thereof
that the violation continues.
(o) Upon a Subscriber's request, a Licensee shall
provide a credit to the account of the Subscriber, prorated on
a daily basis, with a minimum of one (1) day, for any period
of two (2) hours or more within a twenty-four (24) hour period
during which a Subscriber experienced an interruption of
service or substantial impairment of service, whether due to a
Page 61 of 89
11936
System Malfunction or other cause within the Licensee's
control. No refunds shall be due for service interruptions
directly related to a rebuild, upgrade or routine maintenance
of the Cable System which is planned, noticed properly to the
City and Subscribers, and occurs during a time other than
between 6:00 p.m. and 11:00 p.m. and lasts for four (4) hours
or less. Licensee's failure to comply with this subsection
shall result in a fine in the amount of Three Hundred Dollars
($300) per violation, per day or part thereof that the
violation continues.
(p) Billing.
(1) The first billing statement of the Licensee
after a new installation or service change
shall be pro -rated as appropriate and shall
reflect any security deposit.
(2) The billing statement of the Licensee must be
fully itemized, with itemizations including,
but not limited to, Basic and premium Service
charges and equipment charges. Invoices shall
also clearly delineate all activity during the
billing period, including optional charges,
rebates and credits.
(3) Any balance not received within ten (10)
calendar days after the due date may be
assessed an administrative charge not to
exceed the average actual fixed and variable
cost to administer a delinquent account,
subject to applicable Law, except that a late
charge of not more than Five Dollars ($5)
shall be presumed to comply with this
subsection. The charge shall appear of the
billing statement of the following month. In
the event it is determined that a Licensee has
assessed a late fee in violation of this
Section, Licensee shall pay to Subscribers
that amount which is ordered by a governmental
or judicial body which has properly asserted
jurisdiction. Subscribers shall not be
charged an administrative fee, a late fee or
otherwise penalized for any failure by the
Licensee, its employees, or contractors,
Page 62 of 89
11936
including failure to timely or correctly
the Subscriber,.or failure to properly ci
the Subscriber for a payment timely made
bill
-edit
(4) The Licensee must notify the Subscriber that
payment can be remitted in Person at the
office of the Licensee in the City and inform
the Subscriber of the address of that office
where payment can be made.
(5) Licensee's failure to comply with this
subsection shall result in a fine in the
amount of Three Hundred Dollars ($300) per
violation, per day or part thereof that the
violation continues.
(q) Except as incident to a rebuild of the Cable System,
a Licensee may not substantially alter the service being
provided to a Subscriber (including by re -tiering,
restructuring a tier or otherwise) without the express
permission of such Subscriber, unless it complies with this
subsection.
(1) If a Licensee wishes to alter the se
being provided to a Subscriber (includii
re -tiering, restructuring a tier or other
in such a way that the Subscriber sha-
longer be able to obtain the same packa,
services, then the Licensee must provide
Subscriber with thirty (30) calendar
notice of such alteration, explain
substance and the full effect of
alteration, and provide the Subscriber
,right within the thirty (30) day p
following notice, to opt to receive withi
same thirty (30) calendar days any combin
of services offered by the Licensee.
(2) Except as provided under applicable fed
state, or local Law, no charge may be mac
any service or product which the Subsc
has not affirmatively indicated, in a m
separate and apart from payment of the re
monthly bill, that the Subscriber wish,
receive.
Page.63 of 89
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11939
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(3) Licensee's
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amount of
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failure to comply with
shall result in a fine in
Three Hundred Dollars ($300)
per day or part thereof that
continues.
(r) If the City reasonably questions a Licen;
compliance with any provision of this Section, the Cit,
request that the Licensee certify in writing to the i
based upon internal due diligence by the .Licensee, that t
best of knowledge of the Licensee it is in compliance wit
standards set forth in this Section; provided, however,
the City specifically shall identify the performanc
Licensee that is questioned, and requests certification
more often than semi-annually. At the request of the Cit
the event of a discrepancy between the reports provided t
City pursuant to this Section and the certification reqs
herein, the Licensee shall submit such documentation as m.
required to demonstrate compliance with this Section.
documentation shall be submitted within thirty (30) calf
days of the receipt by the Licensee of the City's reque;
s) Responsibility for the administration of
Ordinance, and any License granted pursuant to this Ordin
and for the resolution of all complaints against a Lic
regarding the quality of service, equipment malfunctions
related matters, including the authority to order refun
fines, is hereby delegated to the City Manager, wY
empowered, among other things, to settle, or compromis,
controversy arising from operations of the Licensee, on b
of the City, in accordance with the best interests of
public. In cases where requests for service have been ig
or in cases where the service provided is unsatisfactor
whatever reason, the City Manager or designee, here
referred to jointly as City Manager, shall have the pow
require the Licensee to provide service, if in the opini
the City Manager or designee such request for servic
reasonable. Any Person aggrieved by a decision of the
Manager, including the Licensee, may appeal the matter t
City Commission for hearing and determination. The
Commission may accept, reject or modify the decision o:
City Manager. No adjustment, settlement, or comproi
whether instituted by the City Manager or by the
Commission shall be contrary to the provisions of
Page 64 of 89
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this
Ordinance or any License agreement issued pursuant to this
Ordinance, and neither the City Manager nor the City
Commission, in the adjustment, settlement, or compromise of
any controversy shall have the right or authority to add to,
modify or delete any provision of this Ordinance or of the
License, or to interfere with any rights of Subscribers or any
Licensee under applicable federal, or state Law or private
contract.
(t) (1) In addition to the powers delegated in Section
11-18(s) above, the City Manager shall have
the authority to order credits from a Licensee
to individual cable Subscribers who have
submitted a written complaint to the City and
to assess fines against a Licensee for any
violation of this Ordinance or any License
issued pursuant to this Ordinance, which fines
shall be paid to the City.
(2) In ordering credits to cable Subscribers, the
City Manager shall be governed as set forth
throughout this Section, in which the refund
indicated is expressed as a percentage of the
monthly bill of the Subscriber. The credits
set forth are to be made .on a per violation
basis with each day of a continuing violation
constituting a separate violation. The credit
ordered by the City'Manager pursuant to this
Section shall not exceed 100 percent (100 10) of
a monthly bill of the Subscriber, unless a
violation has continued at least 30 calendar
days from the date first reported tol the
Licensee.
(3) The fines set forth in this Section are to be
assessed on a per violation basis, with each
day of a continuing violation constituting a
separate violation. Where a credit required
by this Section is not possible because
service has been terminated, Licensee shall
issue a refund to -the former Subscriber for
the appropriate amount, provided that the
Licensee can locate the former Subscriber
after using reasonable efforts to.do so.l
Page 65 of 89
11960
(4) Prior to ordering any credit and/or assessing
a fine pursuant to this Ordinance, the City
Manager shall mail to the Licensee a written
.notice, by hand delivery or certified or
registered mail, of .the proposed credit and/or
fine, specifying the violation at issue. The
Licensee shall have ten (10) calendar days
from the date of receipt of the written notice
to demonstrate the violation has been cured or
to file a written response to the notice of
the City Manager describing the plan to cure.
In the sole discretion of the City Manager, a
fine, credit or refund may be waived, if the
issue has been cured or the City Manager
believes the issue will be cured according to
the proposed plan. Written response of the
Licensee shall be signed by management level
personnel of Licensee and all statements
contained therein shall be regarded as
material representations of the Licensee to
the City.
(5) Prior to ordering a credit, refund and/or
assessing a fine, the City Manager shall
consider any justification or mitigating
factor advanced in the written response of the
Licensee, including but not limited to rebates
or credits to the Subscriber or a cure of the
violation. The City Manager may, after
consideration of the response of the Licensee,
waive or reduce any proposed credit, refund
and/or fine. In the case of a complaint from
a single Subscriber or a violation of this
Ordinance or any License issued pursuant to
this Ordinance in which only- a single
Subscriber has been affected, the City Manager
may not assess any fine if the Licensee has
reasonably resolved the complaint or cured the
violation within a reasonable time frame not
to exceed ten (10) calendar days. However,
said Subscriber may be entitled to a credit as
provided herein.
(6) Subsequent to the notice of proposed credit,
refund and/or fine to Licensee and
Page 66 of 89
1�93�
consideration of the response of the Licensee,
if any, the City Manager may issue an
assessment of credit, refund and/or fine. The
credit, refund and/or fine shall be paid
within thirty (30) calendar days of written
notice to the Licensee. If said credit,
refund and/or fine is not paid by Licensee in
the next bill cycle or within such thirty (30)
day period, as the case may be, the City may,
at its discretion, withdraw immediately the
amount thereof from the Security Fund. Upon
such withdrawal, the City shall notify
Licensee of the withdrawal amount, after which
Licensee shall have ten (10) calendar days
from the date of such notice to deposit in the
Security Fund an amount sufficient to restore
the Security Fund to the amount specified in
the License Agreement. This credit, refund
and/or fine shall constitute liquidated
damages to the Subscriber and City for the
violation and the City may enforce payment of
the credit, refund and/or fine in any court
having jurisdiction. It is the intent of the
City to determine fines as a reasonable
estimate of the damages suffered by the City
and/or its Subscribers, whether actual or
potential, and may include without limitation,
increased costs of administration and other
damages difficult to measure.
(7) Licensee may appeal any decision of the City
Manager directly to the City Commission within
thirty (30) calendar days of notice of the
decision to the Licensee.
(8) Intentional misrepresentation by a Licensee in
any response to a notice of proposed credit,
refund and/or fine, whether oral or written,
shall be considered a material breach of the
License Agreement, subject to a penalty of no
less than Five Thousand Dollars ($5,000) in
liquidated damages to the City, and shall be
grounds for License revocation.
(9) In addition to complying with the customer
Page 67 of 89
1936
service standards set forth in this Ordinance
or in any License issued pursuant to this
Ordinance, a Licensee shall, at minimum,
comply with all customer service standards
applicable to Cable Systems of the FCC and any
other applicable federal, state or county Law
concerning customer service standards,
consumer protection, and unfair or deceptive
trade practices.
(10) The City expressly reserves the right to
consider violations of the customer service
requirements in evaluating any renewal,
modification or transfers of any License
Agreement.
Section 11-19. Subscriber Privacy.
(a) A Licensee shall at all times protect the
privacy of all Subscribers to the full extent required by
Section 631 of the Cable Act, 47 U.S.C. § 551, and state
Law. A Licensee shall not condition Subscriber or other
service on the grant of permission of the Subscriber to
disclose information which, pursuant to federal or state
Law, cannot be disclosed without the explicit consent of
the Subscriber. No penalties or extra charges may be
invoked by the Licensee for a failure of the Subscriber
to grant consent.
(b) Unless otherwise permitted by federal or state
Law, neither the Licensee nor its agents or employees
shall, without the prior and specific written
authorization of the Subscriber involved, sell, or
otherwise make available for commercial purposes the
names, addresses or telephone numbers of any Subscriber
or Subscribers, or any information which identifies the
individual viewing habits of any Subscriber or
Subscribers.
Section 11-20. Discrimination Prohibited.
(a) No Licensee may in its rates or charges, or in
the availability of the services or facilities of its
System, or in any other respect, make or grant undue
preferences or advantages to any Subscriber, potential
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Subscriber, or group of Subscribers or potential
Subscribers, nor subject any such Persons or group of
Persons to any undue prejudice or any disadvantage. A
Licensee shall not deny, .delay, or otherwise burden
service or discriminate against Subscribers or users on
the basis of age, race, creed, religion, color, sex,
handicap, national origin, marital status, or political
affiliation, except for discounts for senior citizens,
the economically disadvantaged or disabled that are
applied in a uniform and consistent manner. A Licensee
may also offer bulk discounts to multiple dwelling
buildings to the extent such discounts are otherwise
permissible by Law.
(b) A Licensee shall not deny Cable Service to any
potential Subscriber because of the income of the
residents of the area in which the Subscriber resides.
(c) A Licensee shall not refuse to employ, nor
discharge from employment, nor discriminate against any
Person in compensation or in terms, conditions or
privileges of employment because of age, race, creed,
religion, color, sex, disability, national origin,
marital status, or political affiliation. The Licensee
shall comply with federal, state and local Laws and
regulations governing equal employment opportunities, as
the same may be from time to time amended.
Section 11-21. Use of Streets.
(a) A Licensee shall, at all times, comply with
other applicable provisions of the City Code of the City
of Miami, or as such may hereafter be amended.
(b) Any pavements, sidewalks, curbing or other
paved area.taken up or any excavations made by a Licensee
shall be done under the supervision and direction of the
City under permits issued for work by the proper
officials of the City, and shall be completed in such
manner as to give the least inconvenience to the
inhabitants of the City. A Licensee shall, at its own
cost and expense, and in a manner approved by the City,
replace and restore any such pavements, sidewalks,
curbing or other paved areas in as good a condition as
before the work involving such disturbance was done, and
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shall also prepare, maintain and provide to the City's
Public Works Department full and complete plats, maps and
records showing the exact locations of its facilities
located within the public Streets, ways, and easements of
the City. A construction plan with strand maps is
required thirty (30) calendar days prior to commencement
of construction in a particular area.
(c) A Licensee shall, at its expense, protect,
support, temporarily disconnect, relocate, or remove, any
of its property when required by the City by reason of
traffic conditions, public safety, Street construction,
Street resurfacing or widening, change of Street grade,
installation or sewers, drains, water pipes, power lines,
signal lines, tracks, or any other type of municipal or
public utility improvements.
(d) A Licensee shall, on the request of any Person
holding a building moving permit issued by the City,
temporarily raise or lower its wires to permit the moving
of buildings. The expense of such temporary removal or
raising or lowering of wires shall be paid by the Person
requesting same, and the Licensee shall have the
authority to require such payment in advance, except in
the case where the requesting Person is the City or other
government agency, in which case no such payment shall be
required. The Licensee shall be given not less than five
(5) calendar days advance notice to arrange for such
temporary wire changes.
(e) A Licensee shall upon notice to the City of not
less than seven (7) calendar days, emergency situations
excepted, have the authority to trim the trees or other
natural growth upon and overhanging the Streets so as to
prevent the branches of such trees from coming in contact
with the wires, cables and other equipment of the
Licensee, except that, at the option of the City, such
trimming may be done by it or under its supervision and
direction at the expense of the Licensee.
(f) A Licensee shall use, with the permission of
the owner, existing underground conduits (if applicable)
or overhead utility facilities whenever and wherever
practicable as determined by the City, provided that
nothing herein shall constitute a waiver of Licensee's
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obligations under other applicable sections of the City
Code. Copies of agreements between a Licensee and third
party for use of conduits or other facilities shall be
filed with the City, provided that the Licensee shall
have the right to redact proprietary and confidential
information in such agreements as it pertains to
financial arrangements between the parties.
(g) All wires, cable lines, and.other transmission
lines, equipment and structures shall be installed and
located to cause minimum interference with the rights of
property owners. The City may issue .such rules and
regulations concerning the installation and maintenance
of a Cable System installed in, on, or over the Streets,
as may be consistent with this Ordinance and the License
Agreement.
(h) All safety practices required by Law shall be
used during construction, maintenance and repair of a
Cable System. A Licensee shall not place facilities,
equipment or fixtures where any gas, electric, telephone,
water, sewer or other utility facilities shall interfere,
or obstruct or hinder in any manner the various utilities
serving the residents of the City.
(i) A Licensee shall, at all times:
(1) Install and maintain its wires, cables,
fixtures and other equipment in an
orderly and workmanlike manner and in
accordance with the requirements of
federal, state, county and City Laws, as
well as the South Florida Building Code
and Electrical Safety Ordinances and any
other applicable Building or Electrical
Safety Code, and all other applicable
rules, regulations, and orders, as they
may be hereinafter amended or enacted,
and in such manner that the installations
of the City shall not receive
interference.
(2) Keep and maintain in a safe, suitable,
substantial condition, and in good order
and repair, all .structures, lines,
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equipment, and connections in, over,
under, and upon the Streets, sidewalks,
alleys, and public ways or places of the
City, -wherever situated or located.
. (j) On Streets where both electrical and telephone
utility wiring are located underground, either at the
time of initial construction of a Cable System or at any
time thereafter, the cable of a Licensee shall also be
located underground at the expense of the Licensee,
consistent with Chapter 54 of the City Code, as amended.
Between a Street and a residence of a Subscriber, the
cable of the Licensee must be located underground if both
electrical and telephone utility wiring are located
underground. The City shall encourage, to the extent
feasible, that the public utility and the Licensee
cooperate in opening of trenches and making such trenches
available to all parties with the understanding that the
costs of opening and refilling of such trenches would be
shared equally by all users of such trenches.
(k) In the event the use of any part of a Cable
System is discontinued for any reason for a continuous
period of six (6) months, or in the event such System or
property has been installed in any Street without
complying with the requirements of this Ordinance or a
License Agreement, or the License has been terminated,
canceled or expired, the Licensee, within thirty (30)
calendar days after written notice by the City, shall
commence removal from the Streets of all such property as
the City may require.
(1) The City may extend the time for the removal of
equipment of the Licensee and facilities for a period not
to exceed one hundred eighty (180) calendar -days, and
thereafter such equipment and facilities may be deemed
abandoned.
(m) In the event of such removal or abandonment,
the Licensee shall restore the area to as good a
condition.as prior to such removal or abandonment.
(n) All Licensee Cable System distribution devices to be
located on Streets or private City property shall be
installed, pursuant to City Code, in such a way as to
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eliminate or minimize any potentially adverse impact. All
proposed locations shall be reviewed by the City Neighborhood
Enhancement Team (NET) to ensure compliance with these and all
other applicable policies and procedures relating to the
placement of distribution devices on Streets or City private
property. Proposed locations may require review and approval
by various City Departments, as appropriate.
(o) In no case shall distribution devices be placed in
the following locations:
(1) Within Scenic Transportation Corridors.
(2) Within Historical Preservation Districts.
(3) Within a specified 25 foot corner visibility
triangle.
(4) Within a specified 10 -foot driveway
visibility triangle.
(5) Within 15 feet of any fire hydrant, fire
callbox, police callbox, or other emergency
facility.
(p) The City may require that these distribution devices
located on Streets and City private property be installed with
the following:
(1) Landscaping.
(2) Visual screening.
(3) Fencing, barriers, or other security features.
When required, the Licensee shall ensure that all landscaping,
visual screening, fencing, barriers, or other security
features are compatible with the characteristics of the
surrounding landscape and architectural features and require
minimal maintenance. The City shall not unreasonably require
landscaping, visual screening, fencing, barriers, or other
security features that are inconsistent with the character of
the immediate area in which the distribution devices are to be
installed.
M
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Recognizing that even minimal landscaping, visual screening,
fencing, barriers, or other security features may be
susceptible to overgrowth, disease, decay and disrepair, the
City shall require the Licensee to maintain and/or
repair/replace this landscaping, visual screening, fencing,
barriers, or other security features.
(q) Placement of distribution devices on City
private property shall conform to all City charter, Code,
and administrative requirements.
Section 11-22. Enforcement Remedies.
(a) In addition to any other remedies available at
Law or in equity, except as otherwise specifically
provided in this Ordinance, or in any License Agreement,
the City may impose a fine in the amount of Five Hundred
Dollars ($500) per violation per day or part thereof for
any violation of this Ordinance.
(b) In addition to any other remedies available at
Law or in equity or provided in this Ordinance or in any
License Agreement, the City may apply any one or
combination of the following remedies in the event a
Licensee violates.this Ordinance, its License Agreement,
applicable State or Federal Law, or applicable local Law
or order:
(1) Revoke the License pursuant to the
procedures specified in Section 11-25
hereof.
(2) In addition to or instead of any other
remedy, the City may seek legal or
equitable relief from any court of
competent jurisdiction.
(c) Before imposing any fine. pursuant to this
Section or any other Section herein, the City shall give
Licensee written notice of the violation and its
intention to assess such damages, which notice shall
contain a specific description of the alleged violation.
Following receipt of such notice, Licensee shall have
thirty (30) calendar days to cure the violation, or to
reach agreement with City Manager or designee on a
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program to cure the violation, and the City shall make
good faith reasonable efforts to assist the Licensee in
resolving the violation. If the violation is not cured,
or an agreement to cure is not reached, within that
thirty (30) day _period, the City may collect all fines
owed, beginning with the date of the notice of violation
by the City, either by removing such amount from the
Security Fund or through any other means allowed by Law.
(d) In determining which remedy or remedies are
appropriate, the City shall take into consideration the
nature of the violation, the Person or Persons bearing
the impact of the violation, the nature of the remedy
required in order to prevent further violations, and such
other matters as the City determines are appropriate in
the public interest.
(e) Failure by the City to enforce any requirements
of a License Agreement or this Ordinance shall not
constitute a waiver of the City's right to enforce that
violation or subsequent violations of the same type or to
seek appropriate enforcement remedies.
(f) In any proceeding wherein there exists an
issue, properly noticed by the City pursuant to the terms
of this Ordinance, with respect to a Licensee's
performance of its obligations pursuant to this'Ordinance
or a License Agreement, the Licensee has, throughout any
such proceedings and appeals thereof, the burden of proof
that said Licensee is in compliance with the terms of the
Ordinance. The City Commission may find a Licensee that
does not demonstrate compliance with the terms and
conditions of this Ordinance in default and apply any one
or combination of the remedies otherwise authorized by
this Ordinance.
Section 11-23. Renewal of License.
Renewal shall be conducted in a manner consistent
with Section 626 of the Cable Act, 47 U.S.C. 546. To the
extent such additional requirements are consistent with
applicable Law, the following requirements shall apply.
(a) Upon completion of the review and evaluation
process set forth in Section 626(a) (1) (2) of the Cable
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Act, 47 U.S.C. 546, should that process be invoked, the
City shall notify the Licensee, by certified or
registered mail that it may file a formal renewal
Application including a renewal proposal. The notice
shall specify the minimum information to be included in
the renewal Application and the deadline for filing the
Application, which shall be no earlier than thirty (30)
calendar days following the date of the notice.
(1) The Application shall comply with the
requirements of Section 11-8 hereof and
provide the specific information
requested in the notice or such other
information as is designated by the City
in the notice requesting a formal renewal
proposal. If the Licensee does not
submit a formal renewal Application by
the date specified in the notice to the
Licensee by the City, given pursuant to
this subsection, the Licensee shall be
deemed not to be seeking renewal of its
License.
(2) Upon receipt of the formal renewal
Application, the City shall publish
notice of its receipt and make copies
available to the public.. The City,
following public notice of no less than
ten (10) calendar days, may hold one (1)
or more public hearings on the renewal
Application.
(b) With regard to any renewal Application, in the
event a public hearing on such Application is held, or in
the event that the City Commission considers such
Application without a public hearing, the City Commission
shall either:
(1) Pass a resolution agreeing to renew the
License; or
(2) Pass a resolution that makesa
preliminary assessment that the License
should not be renewed; or
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(3) In the case of an informal proposal, pass
a resolution to enter into informal
negotiations of a License Agreement.
(c) If a preliminary assessment is made that a
License should not be renewed, at the request of the
Licensee or on its own initiative, the City shall
commence a proceeding in accordance with Section 626(c)
of the Cable Act, 47 U.S.C. § 546(c) to address the
issues set forth in Section 626 (c) (1) (A) - (D) of the Cable
Act, 47 U.S.C. § 546 (c) (1) (A) - (D) . Any denial of a
proposal for renewal that has been submitted in
compliance with subsection (b) of § 546 shall be based on
one or more adverse findings made with respect to the
factors described in § 546(c)(1)(A)-(D), pursuant to the
record of proceedings under § 546(c). The City shall not
base a denial of renewal on a failure to substantially
comply with the material terms of the License under §
546 (c) (1) (A) or on events considered under § 546 (c) (1) (B)
unless the City has provided the Licensee with notice and
opportunity to cure, or in any case in which it is
documented that the City has waived its right to object,
or the Licensee gives written notice of a failure or
inability to cure and the City fails to object within a
reasonable time after receipt of such notice.
(d) Any request to initiate a renewal process or
proposal for renewal not submitted within the time period
set forth in Section 626(a) of the Cable Act, 47 U.S.C. §
546(a), or submitted within such time frame and the
parties agree that the informal process shall be first
initiated, shall be deemed an informal proposal for
renewal and shall be governed in accordance with Section
626 (h) of the Cable Act, 47 U.S.C. § 546 (h) . The City
may hold one (1) or more public hearings or implement
other procedures under which comments from the public on
an informal proposal for renewal may be received.
Following such public hearings or other procedures, the
City Commission shall determine whether the License
should be renewed and the terms and conditions of any
renewal.
(e) If the City Commission grants a renewal
Application, the City and the Licensee shall agree on the
terms of a License Agreement, pursuant to the procedures
Page 77 of 89
specified in Section 11-9 of this Ordinance, before such
renewal becomes effective.
(f) If renewal of a License is lawfully denied, the
City may acquire ownership of the Cable System or effect
a transfer of ownership of the System to another Person
upon approval of the City Commission. Any such
acquisition or transfer shall be at Fair Market Value,
determined on the basis of the Cable System valued as a
going concern but with no value allocated to the License
itself. The City may not acquire ownership of the System
while an appeal of a denial for renewal is pending in any
court pursuant to the Cable Act, 47 U.S.C. § 546(e).
(g) If renewal of a License is lawfully denied and
no appeal to a court is pending, and the City does not
purchase the Cable System or approve or effect a transfer
of the Cable System to another Person, the City may
require the former Licensee to remove its facilities and
equipment at the expense of the former Licensee. If the
former Licensee fails to do so within a reasonable period
of time, the City may have the removal completed at the
expense of the former Licensee and/or surety.
Section 11-24. Transfer, Sale, and Assignment.
(a) No transfer, sale or assignment of any interest
in a License shall occur without prior approval of the
City.
(b) An Application for a transfer, sale or
assignment of any interest of a License shall meet the
requirements of Section 11-8 hereof, and provide complete
information on the proposed transaction, including but
not limited to details on the legal, financial, technical
and other qualifications of the transferee, and on the
potential impact of the transfer on Subscriber rates and
service. Except in the case of a pro forma Transfer as
defined in Subsection 11-2(hh), the Application shall
provide, at a minimum, the information required in
Section 11-8 or such other information as is specified in
a License Agreement in lieu of the information required
in Section 11-8. In addition, the Applicant shall
provide to the City any and all information provided to
Miami -Dade County in connection with the Transfer.
Page 78 of 89
(c) An Application for approval of a pro forma
Transfer of a License shall be considered granted on the
sixty-first (61").calendar day following the filing of
such Application with the City unless, prior to that
date, the City notifies the Licensee to the contrary. An
Application for approval of a pro forma Transfer -of a
License shall clearly identify the Application as such,
describe the proposed transaction, and explain why the
Applicant believes the Transfer is pro forma. Unless
otherwise requested by the City within thirty (30)
calendar days of the filing of an Application for a pro
forma Transfer, the Applicant shall be required only to
provide the information required in subsections 11-
8(e)(1), (3), (12) and (14) with respect to the proposed
transferee.
(d) In making a determination on whether to grant
an Application for a Transfer of a License, the City
Commission shall consider the legal, financial, and
technical and other qualifications of the transferee to
operate the System; whether the incumbent Cable Operator
is in substantial compliance with the material terms of
its License Agreement and this Ordinance and, if not, the
proposed commitment of the transferee to cure such
noncompliance; and whether operation by the transferee
would adversely affect Cable Services to Subscribers, or
otherwise be contrary to the public interest.
(e) No Application for a Transfer of a License
shall be granted unless the transferee, if the holder of
the License, agrees in writing to abide by and accept all
terms of this Ordinance, as amended, and the License
Agreement, and to assume all obligations and liabilities
of the previous Licensee, whether known or unknown, under
this Ordinance, as amended, and the License Agreement.
If such transferee will not be the holder of the License,
such transferee will sign an acknowledgement ensuring
compliance by the Licensee with the License Agreement and
the Ordinance. The City shall certify to Licensee, upon
request, all issues of Licensee's performance which are
known and pending.
(f) Subject to applicable Law, approval by the City
of a Transfer of a License does not constitute a waiver
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or release of any of the rights of the City under this
Ordinance or the License Agreement, whether arising
before or after the date of the Transfer.
Section 11-25. Revocation or Termination of License.
(a) A License may be revoked by the City Commission
for failure of the Licensee to construct, operate or
maintain the Cable System as required by this Ordinance
or the License Agreement, or for any other material
violation of this Ordinance or material breach of the
License Agreement. To invoke the provisions of this
subsection (a), the City shall give the Licensee written
notice, by certified mail at the last known address, that
Licensee is in material violation of this Ordinance or in
material breach of the License Agreement and describing
the nature of the alleged violation or breach with
specificity. If within thirty (30) calendar days
following receipt of such written notice from the City to
the Licensee, the Licensee has not cured such violation
or breach, or has not entered into a written agreement
with the City Manager or designee on a program to cure
the violation, or has not demonstrated that the violation
cannot be cured, the City may give written notice to the
Licensee of its intent to revoke the License, stating
reasons.
(b) Prior to .revoking a License under subsection
(a) hereof, the City Commission shall hold a public
hearing, upon no less than ten (10) calendar days written
notice to the Licensee, at which time the Licensee and
the public shall be given an opportunity to be heard.
Following the public hearing the City Commission may
determine whether to revoke the License based on the
evidence presented at the hearing, and other evidence of
record. If the City Commission determines to revoke a
License, it shall issue a written decision setting forth
the reasons for its decision. A copy of such decision
shall be transmitted to the Licensee.
(c) Notwithstanding subsections (a) and (b) hereof,
any License may, at the option of the City following a
public hearing before the City Commission, be revoked one
hundred twenty (120) calendar days after an assignment
for the benefit of creditors or the appointment .of a
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receiver or trustee to take over the business of the
Licensee, whether in a receivership, reorganization,
bankruptcy assignment for the benefit of creditors, or
other action or proceeding, unless within that one
hundred twenty (120) day period:
(1) Such assignment, receivership or
trusteeship has been vacated; or
(2) Such assignee, receiver or trustee has
fully complied with the terms and
conditions of this Ordinance and the
License Agreement and has executed an
agreement, approved by a court having
jurisdiction, assuming and agreeing to be
bound by the terms and conditions of this
Ordinance and the License'Agreement.
(d) In the event of foreclosure or other judicial
sale of any of the facilities, equipment or property of a
Licensee,' the City may revoke the License, following a
public hearing before the City Commission, by serving
notice upon the Licensee and the successful bidder at the
sale, in which event the License and all rights and
privileges of the License shall be revoked and shall
terminate thirty (30) calendar days after serving such
notice, unless:
(1) The City has approved the Transfer of the
License to the successful -proposer; and
(2) The successful proposer has covenanted
and agreed with the City to assume and be
bound by the terms and conditions of the
License Agreement and this Ordinance.
(e) If the City revokes a License, or if for any
other reason a Licensee abandons, terminates or fails to
operate or maintain service to its Subscribers for a
period of six (6) months, the following procedures and
rights are effective:
(1) The City may require the former Licensee
to remove its facilities and equipment at
the expense of the former Licensee. If
Page 81 of 89
the former Licensee fails to remove
facilities and/or equipment within a
reasonable period of time, the City may
have the removal done at the expense of
the former Licensee and/or surety.
(2) The City, by resolution of the City
Commission, may acquire ownership, or
effect a transfer, of the Cable System at
an equitable price.
(3) If a Cable System is abandoned by a
Licensee, the Citymay sell, assign or
transfer all or part of the assets of the
System.
(f) Where the City has issued a License
specifically conditioned in the License Agreement upon
the completion of construction, System upgrade or other
specific obligation by a specified date, failure of the
Licensee to complete such construction or upgrade, may
result in the revocation of the License as set forth in
this Section, unless the City, at its discretion and for
good cause demonstrated by the Licensee, grants an
extension of time.
(g) No adverse action against a Licensee may be
taken by the City pursuant to this Section except after a
noticed public hearing at which the Licensee is given an
opportunity to participate.
Section 11-26. Continuity of Service Mandatory.
(a) It is the right of all Subscribers to receive
all available services requested from the Licensee as
long as all financial and other obligations to the
Licensee are satisfied.
(b) In the event of a termination or Transfer of a
License for whatever reason, the Licensee shall ensure
that all Subscribers receive continuous, uninterrupted
service regardless of the circumstances. The Licensee
shall cooperate with the City to operate the System for a
temporary period following termination or Transfer as
necessary to maintain continuity of service to all
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Subscribers. . The temporary period shall not exceed
twelve (12) months without the written consent of the
Licensee. During such period the Cable System shall be
operated under such terms and conditions as the City and
the Licensee may agree, or such other terms and
conditions that shall continue, to the extent possible,
the same level of service to Subscribers and provide
reasonable compensation to the Cable Operator.
(c) In the event a Licensee fails to operate the
System for seven (7) consecutive calendar days without
prior approval of the City or without just cause, the
City may, at its option, operate the System or designate
an operator until such time as the Licensee restores
service under conditions acceptable to the City or until
a permanent operator is selected. If the City is
required to fulfill this obligation for the Licensee, the
Licensee shall reimburse the City for all costs or
damages resulting from the failure of the Licensee to
perform, including City's costs for City Staff,
consultants and other professionals necessary to continue
operation of the System. Additionally, the Licensee
shall cooperate with the City to allow City employees
and/or City agents free access to the facilities and
premises of the Licensee for purposes of the Licensee of
continuing System operation. To the extent that revenues
are collected as a result of operation of the System
under this subsection, the City shall have the right to
collect License fees on such revenues subject to the
terms and conditions of this Ordinance.
Section 11-27. Rates.
(a) Nothing in this Ordinance shall prohibit the
City from regulating rates for Cable Services to the full
extent permitted under federal Law, as it may be amended
in the future. The City reserves the right to implement
future legislation consistent with applicable Law, and to
petition the FCC for relief as may be permitted by Law.
(b) Any rate or charge established for Cable
Service, equipment, repair and installation shall be
reasonable to the public and, to the extent applicable,
in compliance with FCC guidelines. Where FCC guidelines
exist, Licensee's compliance with such guidelines shall
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be considered reasonable. Upon written request from the
City or its agent,, Licensee shall provide all requested
data, records and documentation to show the
reasonableness of the rates so long as. such requests
comply with FCC guidelines or other applicable Law.
(c) Should a Licensee desire to change any rate or
charge, it shall submit a written notice of the amounts
and effective date of such changes to the City Manager in
a manner consistent with Federal Communications
Commission cable rate regulation standards or other
applicable Law in effect at the time. Prior to the
implementation of a change in rates, the City may require
the Licensee to notify each Subscriber, by (1) placing an
announcement of not less than one quarter page in a
newspaper(s) of general circulation,, or (2) via the Cable
System, or (3) through bill inserts, of the proposed rate
change and the date the new rates will be effective.
(d) A Licensee granted a License pursuant to this
Ordinance may provide reasonable discount rates
consistent with Section 623(e)(1) of the Cable Act, in a
manner acceptable to the City, for qualified Subscribers
over 62 years of age and/or residing in government funded
housing'pursuant to 42 U.S.C. 1437f.
Section 11-28. Area Wide -Interconnection.
(a) Upon request of the City, a Licensee shall
interconnect with any or all other Cable Systems located
within the City or serving Subscribers within the City_.
Interconnection of Systems shall be for the sole purpose
of permitting interactive transmission and reception of
public, government and education program material, and
may be done by direct cable connection, microwave link,
satellite, or other appropriate method, as mutually
agreed by the affected Cable Operators and approved by
the City Manager.
(b) Licensee shall, where it does not own the
affected System or Systems, immediately initiate good
faith negotiations with the operators of the other
affected System or Systems in order to facilitate the
construction and operation of the Interconnection link
and the equitable sharing of costs among the
Page 84. of 89
participants. Licensee shall report to the City the
results of such negotiation no later than thirty (30)
calendar days after the date of receipt of request from
the City. Where Licensee owns the affected System,
Licensee shall report to the City .on the timing and,
method of Interconnection within fifteen (15) calendar
days of receipt of the City's request.
(c) The Licensee may be granted reasonable
extensions of time to interconnect if the City finds that
(1) the Licensee has negotiated in good faith and has
failed to obtain an approval from the System or Systems
of the proposed Interconnection; or (2) the cost of the
Interconnection would be unreasonably high.
Section 11-29. Performance Evaluation.
(a) The City may conduct periodic performance
evaluations of a Licensee as the City determines is
necessary. A Licensee shall fully cooperate with these
evaluations in good faith. Evaluation session shall be
properly noticed and open to the public.
(b) Topics which may be discussed at any evaluation
session may include, but are not limited to, Cable
Service; application of new technologies; Cable System
performance; Cable Services provided; programming
offered; Subscriber complaints; privacy; modifications to
License; judicial and FCC rulings; and the City or
Licensee rules; provided that nothing in this subsection
shall be construed as requiring the renegotiation of a
License.
(c) If the City implements a survey of cable
Subscribers in connection with a performance evaluation,
the City may require a Licensee to distribute a City
questionnaire to its Subscribers at Licensee's expense,
provided however that such distribution at Licensee's
expense shall not occur more than once every two (2)
years. The City shall provide a Licensee with no less
than four (4) months notice of its intent to implement a
survey as set forth herein. The City and a Licensee
shall cooperate and mutually agree on the content of such
a survey.
Page 85 of 89
36
119
(d) Upon request and upon reimbursement of the
City's copying costs, the Licensee may receive copies of
all responses.
Section 11-30. Administration.
(a) The City Manager, either directly or through a
duly appointed designee, shall have the responsibility
for overseeing the day-to-day administration of this
Ordinance and License Agreements. The City Manager shall
be empowered to take all administrative actions on behalf
of the City, except for those actions specified in this
Ordinance that are reserved to the City Commission. The
City Manager may recommend that the Commission take
certain actions with respect to the License. The City
Manager shall keep the Commission updated of developments
in cable technology and provide the City Commission with
assistance, advice and recommendations as appropriate.
(b) Subject to federal and state Law, the City
Commission shall have the sole authority to regulate
rates for Cable Services, grant Licenses, authorize the
entering into of License Agreements, modify License
Agreements, renew or deny renewal of Licenses, revoke
Licenses, and authorize the Transfer of a License.
Section 11-31. Force Majeure.
In the event the performance of the Licensee of, or
compliance with, any of the provisions of this Ordinance
or the License Agreement is prevented by a cause or event
not within the control of the Licensee, such inability to
perform or comply shall be deemed excused and no fines or
sanctions shall be imposed as a result thereof, provided,
however, that Licensee uses all practicable means to
expeditiously cure or correct any such inability to
perform or comply. For purposes of this Ordinance and
any License Agreement granted or renewed hereunder,
causes or events not within the control of the Licensee
shall include, without limitation, acts of God, floods,
earthquakes, landslides, hurricanes, fires and other
natural disasters, acts of public enemies, riots or civil
disturbances, sabotage, strikes and restraints _imposed by
order of a governmental agency or court. Causes or
events within control of the Licensee, and thus not
Page 86 of 89
I I AV 00
falling within this Section, shall include, without
limitation, the financial inability of the Licensee to
perform or comply, economic hardship, and misfeasance,
malfeasance or nonfeasance by any of directors, officers,
employees, contractors or agents of the Licensee.
Section 11-32. Applicability.
This Ordinance shall be applicable to all cable
Licenses granted, renewed or transferred on or after the
effective date of this Ordinance, and shall apply to all
cable Licenses granted prior to the effective date of
this Ordinance, to the full extent permitted by state and
federal Law.
Section 11-33. Municipal Cable System Ownership Authorized.
(a) To the full extent permitted by Law, the City
may acquire, construct, own, and/or operate a Cable
System.
(b) Nothing in this Ordinance shall be construed to
limit in any way the ability or authority of the City to
acquire, construct, own, and/or operate a Cable System to
the full extent permitted by Law.
Section 11-34. Reservation of Rights.
(a) The City reserves the right to amend this
Ordinance as it shall find necessary in the lawful
exercise of its police powers.
(b) Any additional regulations adopted by the City
shall be incorporated into this Ordinance and complied
with by all Licensees within thirty (30) calendar days of
the date of adoption of such additional regulations
unless imposition of such regulations would be otherwise
prohibited by applicable Law or the regulation provides
for a longer time to comply.
(c) The City reserves the right to exercise the
power of eminent domain to acquire the property of the
Cable System of the Licensee, consistent with applicable
federal and state Law. Notwithstanding anything to the
contrary, this Section shall not enlarge or restrict the
Page 87 of 89
exercise of eminent domain of the City except to the
extent provided by applicable Law.
(d) The City shall at all times have the right,
upon reasonable notice and during normal business hours,
to examine records and to inspect the facilities of the
Licensee to the extent needed to monitor the compliance
of the Licensee with and performance under this Ordinance
and the License Agreement."
Section 4.All sections or parts of sections of the Code of the
City of Miami, all ordinances or parts of ordinances, and all
resolutions or parts of resolutions in conflict herewith be and the
same are hereby repealed to the extent of such conflict.
Section 5.That all rates, fees, charges and financial
obligations previously accrued pursuant to the ordinances and
resolutions repealed pursuant to hereto shall continue to be due
and owing until paid.
Section 6.If any section, part of section, paragraph, clause,
phrase or word of this Ordinance is declared invalid, the remaining
provisions of this Ordinance shall not be affected.
Section 7.This Ordinance shall become effective thirty (30)
days after final reading and adoption thereof.'
1 This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten days from the date it was passed and
adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon -override of the veto by the City
Commission or upon the"effective date stated herein, whichever is
later.
Page 88 of 89
11A36
PASSED ON FIRST READING BY TITLE ONLY this 10th day of
February 2000.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY.TITLE ONLY
this 8th day of June , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not Indicate approv& of
this legislation by signing it in the designated place provided, said legislatlon novr
becomes effective with the elapse of ten (10) days from the date of Commission action
regarding same, without the Mayor exercisi a o.
ATTEST:- Walter J. oe n, ity Clerk
WALTER J. FOEMAN
CITY CLERK
500
APPROVED A500TO, RM AND CQ ACTNESS t
Pr"VILLLO
ev-4mRNEY
W832FRCL : YMT
Page 89 of 89���
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commission
RECOMMENDATION:
• 10
DATE: FILE
JUN - 12000
SUBJECT: Ordinance Repealing
And Re-enacting
Chapter 11 and Repealing
REFERENCES: Appendix A of City Code
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Ordinance
amending the "Code of the City of Miami, Florida" by repealing Appendix A and
repealing and re-enacting Chapter 11 entitled, "Cable Television". This ordinance
provides the terms and conditions for the operation of cable systems and the application,
procedures and requirements relating to the grant of licenses for the construction,
installation, operation and maintenance of cable systems, equipment and facilities in the
city's public rights-of-way to ensure that use of these rights-of-way is in the public
interest and in conformance with applicable law.
BACKGROUND:
The City of Miami has under consideration the renewal of its existing cable license
agreement with Miami Telecommunications, Inc. ("MTCI") (subsidiary of AT&T
Broadband, LLC), pursuant to the Communications Act of 1934, as amended, 47 U.S.C.
para. 521 et seq. Additionally, the enactment of the Telecommunications Act of 1996 and
recent court precedent construing the scope of municipal regulatory authority over cable
system licenses granted, and applicable changes and developments in cable system
technology and services have resulted in a changed regulatory environment. This
Ordinance incorporates these changes and developments and ensures that the use of the
City streets by cable systems serves the public interest.
CAGB AG /ecb
11936
r
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review flkla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE AMENDING THE
"CODE OF THE CITY OF MIAMI,
FLORIDA"
in the XXXXX ..................... Court,
waSpdu_¢lisbed in said p8yrapaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she er paid nor promised
any person, fi r cor on any iscount, rebate, com-
mission or nd for rpose of uring this advertise-
ment for licat said new2baDer.
26
... da
(SEAL)
Octelma V. Ferbeyre
metf0
2 00
per` "a��
JANETT LLERIENA
itm6?
Cosa"SMON NUMBER
c Q
CC568004
MY tTOMMOSION EXPIRES
rFQF
F<O�\
JUNE 2:3,2000
CITY OI: �...iAMI; FLORIDA
NOTICE .OF PROPOSED ORDINANCES
Notice is hereby given that the City Commission of the City of Miami,
Florida', will consider the following ordinances on second and final reading
on •June 8, 2000 commencing at 10:00 a.m'., in the City=Commissfon
Chambers,.3500 Pan American Drive, Miami, Florida:
ORDINANCE NO. ...i
'AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-"
ING CHAPTER 40/ARTICLE 111 OF THE CODE, OF -THE` CITY.
OF - MIAMI, FLORIDA, AS AMENDED, ENTITLED: - `PER-
SONNELICIVIL SERVICE RULES AND REGULATIONS;' BY
INCREASING THE ANNUAL VACATION ACCRUAL RANGES
FOR .CLASSIFIED MANAGERIAL AND CONFIDENTIAL EM-
PLOYEES FROM AN ADDITIONAL EIGHT'TO, SIXTY HOURS-,
MORE PARTICULARLY.BY AMENDING ;SECTION 40-105(C)'
CONTAINING A REPEALER PROVISION AND`A`SEVERABILI- .-`_
TY CLAUSE; AND.PROVIDING FOR AN EFFECTIVE DATE. '
" ORDINANCE NO"
AN ORDINANCE -OF THE MIAMI CITY. COMMISSION AMEND '
ING SECTION 6 OF'ORDINANCE NO 11705, AS AMENDED,'
AND ORDINANCE No: 11839, TO.CORREC.T AN ERROR INA '
PREVIOUSLY' APPROVED CARITAL IMPROVEMENT ,PRO;
JECT AND TO ADD_,NEW CAPITAL IMPROVEMENT "PRO
JECTS FOR THEDEPAR7MENT-OF PARKS AND RECREA--,,
TION, TO'BEGIN DURING FISCAL•YEAR1;1'899-2000; CON
-TAINING °A` REPEALER PROVISION ANDS` A SEVERABILITY ,
CLAUSE: cr 3F)$C
t.. -
ORDINANCE NO.
AN"ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- ',
LISHING A• SPECIAL REVENUE FUND ENTITLED; "CITY, OF_
MIAMI PROGRAMS FOR'PERSONSW'ITH DISABILITIES,MIA-
:MI-DADE COUNTY"ADA GRANT" AND APPROPRIATING',
FUNDS FOR. ITS "'OPERATION, IN THE. AMOUNT,_.' OF
$46,453.41 FROM MIAMI-DADE COUNTY, OFFICE OFAMER
ICANS WITH. DISABILITIES ACT ("ADA") -COORDINATION•
1999-2000 GRANT FUND: AUTHORIZING THE CITY`MANAG- `
ER TO. ACCEPT SAID GRANT AWARD AND -TO EXECUTE
THE NECESSARY, DOCUMENTS INA�FORM;ACCEPTABLE
TO THE CITY ATTORNEY,'FOR SAID PURPOSE ,CONTAIN
ING A - REPEALER PROVISION AND ' A' SEVERABILITY.
CLAUSE.
"ORDINANCE -NO.
:AWORDINANCE OF THE. MIA MI CITY COMMISSION AMEND r
ING THE "CODE'OF THE CITY OF MIAMI, FLORIDA". BY RE".",-,,,
PEALING AP.PENDIX.A AND:REPEALING AND RE-ENACTING
CHAPTEg1_1 ENTITLED._"CABLE TELEVISION" PROViDINGr ° y
y '.THMS AN0.CONDITI-NSt;FOR THE OPERATION.OF>;..'
'CABLE ,TELEVISION SYSTEMS AND THE .APPLICATION,:
s }PROCEDURES'AND`RECIUIREMENTS�RELATING TO"THE"tr"'
GRANT OF LICENSES FOR THE CONSTRUCTION,; INSTAL=
LATION, OPERATION AND.MAINTENANCE OF -CABLE TELE-.`,'
VISION SYSTEMS, EQUIPMENT :AND..FACILIT.IES: JN; ON,-,
ACROSS, ABOVE•ORTHAT IN ANY MANNER WHATSOEVER, - ..
,USE THE -CITY'S PUBLIC RIGHTS=OF-WAY AND TO ENSURE
';THAT USE OF THE CITY'S PUBLIC RIGHTS-OF-WAY IS IN
jfHLPUBLIC INTEREST AND IN'CONFORMANCE',WITH AP
7 PLICABLE.LAW, PROVIDING FOR CONFLICTS PRO111�VIDING
1 -'A SAVING'CLAUSE; PROVIDING. FOR SEVERABILITY ;PRO
VIDING FOR AN EFFECTIVE DATE;,
Said proposed ordinances may'beainspected by the public at the
i3
;Office of the City Clerk; 3500 Pan American;Drive Miami; Flori- .
da; Monday through Friday, excludirig holidays,;between`th'e'. `
hours of 8 a.m, and,5 p.m. j
All interested persons may appear -at the meeting and maybe heard
with respect io the proposed ordinances.- Should anyperson desire to ap-`.
peal any decision of the City Commission with respectto,any matter to be
considered 'at 'this meeting,' that person shall ensure that a verbagmi
recdd of the proceedings'is made including all testimony. and .evidence;
upon which any. appeal maybe based.
OF WALTER J f,OEMAN
CITY CLERK. _
trj�l Q -.7 1
(#827s) -
5/26. " ' ; nn a 1 aniRRnsRU i
N
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in- the matter of
CITY OF MIAMI
ORDINANCE NO. 11936
in the ........... XXXXX ...................... Court,
was published in said newspaper in the issues of
Jun 13, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
Coun orida, for a period of one year next preceding the
flrstAubllation of the attaced copy of advertisement; and
aff' nt fu her says that shehas neither paid nor promised
aif per n, firm or corpora on any discount, rebate, com-
ijeWor refund for top pur ose of securing this advertise-
&,Swornsub ' d bef r me this
1 2000
. .day Of.......... .. ..
(SEAL)
Sookle Williams 1 ji k1 nown td4WjA 1. MESA
_.: x, MY COMMISSION If CC 885640
EXPIRES: March 4, 2004
Bonded Thru Notary Public Underwriters
M
�.jJ
r.. -CITY OF MIAMI, FLORIDA
NOTICE OF PROPOSED ORDINANCES
I - All interested persons will take notice that on the, 8th of -June, 2000 the
City Commission of Miami, Florida adopted the following titled ordinanc- j
,eS-
ORDINANCE NO. 11932
'AN EMERGENCY ORDINANCE -OF THE MIAMI CITY COM-
MISSION ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED:. "PROGRAMS FOR THE DEVELOPMENTALLY
DISABLED; FY 2000-2001'; APPROPRIATING FUNDS FOR
ITS OPERATION. 'IN THE ESTIMATED TOTAL AMOUNT
$372,792,' CONSISTING OF A GRANT ESTIMATED AT
$10,138, FROM THE„STATE OF FLORIDA DEPARTMENT- OF
{ CHILDREN AND fAMILIES AND A_ GRANT: ESTIMATED AT
-$362,654 FROM' THE STATE OF FLORIDA AGENCY..FOR
•HEALTHCARE ADMINISTRATION MEDICAID.PROGRAM DE-'
VELOPMENT;'CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE. r .
ORDINANCE NO. 11933
AN ORDINANCE OF -THE MIAMI CITY COMMISSION AMEND-
1NG CHAPTER 40/ARTICLE III OF-.THE'CODE OF THE. -CITY.
OF MIAMI,, FLORIDA, AS AMENDED, : ENT.ITLED:
"PERSONNE/ciVIL SERVICE RULES AND REGULATIONS,”
BY INCREASING THE ANNUAL VACATION ACCRUAL- RANG-
ES FOR CLASSIFIED MANAGERIAL AND'.CONFIDENTIAL ;
EMPLOYEES FROM AN 'ADDITIONAL •EIGHT TO SIXTY -
HOURS; MORE PARTICULARLY BY' AMENDING SECTION
40-105(0); CONTAINING A REPEALER PROVISION. AND A
SEVERABILITY -CLAUSE; AND PROVIDING FOR AN EFFEC-.
4 TIVE DATE.-' '
° I ORDINANCE NO. 11934
AN ORDINANCE'OF THE MIAMI CITY COMMISSION ESTAB-
LISHING' A*.SPECIAL REVENUE FUND ENTITLED "CITY OF
MIAMI PROGRAMS FOR PERSONS WITH DISABILITIES MIA-
MI-DADE COUNTY ADA GRANT" AND APPROPRIATING.
FUNDSFOR ITS `OPERATION, IN THE AMOUNT OF
$46,453:41 FROM MIAMI-DADE COUNTY, OFFICE.OF AMER-
ICANS- WITH'DISABILITIES ACT ("ADA") COORDINATION
1999-2000 GRANT FUND;.AUTHORIZING _THE CITY MANAG-
ER TOACCEPTSAID GRANT AWARD AND•TO EXECUTE
THE NECESSARY DOCUMENTS IN P FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAIN-.
ING_,A REPEALER PROVISION AND -.A ."SEVERABILITY
CLAUSE: "
a �
J
ORDINANCE.NO 11935•
AN�ORDINANCE OFrTHWMIAMI CITY COMMISSION AMEND'
ING`SECTION`eq ORDINANCE NO. 11705"SAMENDED,..
AND yORDINANCE NO 11839'TQ CORR'AECT AN,ERROR 1N A.
'=• PREVIOUSLY APPROVED''C`APITAL'IMPROVEMENT PRO_= ��
JECT'AND TO` ADD NEW CAPITALIMPROVEMENT.,
"JECTS FOR THEFDEPARTMENT OF PARKS ANDRE - A
TION TO BEGIN DURING FISCAL YEAR 19992000 CON=
"` TAINING' A REPEALER PROVISION AND A SEVERABILITY
CLAUSE,
ORDINANCE NO. 11936-`
AN ORDINANCE OF THE MIAMI CI Y�Cd10Ilf)IISSION AMEND-
ING THE "CODE OF THE CITY OF MIAMI, FLORIDA" BY RE-.
PEALING APPENDIX AAND REPEALING ANDRE_-ENACTING' <
CHAPTER 11"ENTITLED, "CABLE 'TELEVISION" PROVIDING
THE TERMS "AND CONDITIONS FOR THE OPERATION OF
CABLE SYSTEMS AND THE APPLICATION,' PROCEDORES
AND REQUIREMENTS RELATING TO THE GRANT OF LI-
CENSES FOR'THE CONSTRUCTION, INSTALLATION, OPER- '
ATION AND''MAINTENANCE OF CABLE SYSTEMS, EQUIP-
MENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT
IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC
RIGHTS-OF-WAY AND TO ENSURE THAT, USE OF THE
CITY'S PUBLIC RIGHTS-OF-WAY IS IN THE PUBLIC INTER-
EST AND ;IMCONFORMANCE WITH APPLICABLE LAW, PRO-
VIDING FOR CONFLICTS;'PROVIDING'A SAVING CLAUSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EF-
FECTIVE DATE
Said ordinances may be' inspected by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday,. excluding holidays, between the hours of 8 a.m.
and'5 p.m.
All interested persons may appear at the meeting and may be heard
with respect to the proposed ordinances. Should any person desire to ap-
peal'any decision of the City Commission with respect to any matter to be
considered, at -this meeting, that •person shall ensure that a verbatim
.record of the proceedings is made including all. testimony and evidence
upon which any -appeal may be based:
Lx OFA'
�' 21 WALTER J. FOEMAN
(( Q CITY CLERK f
e
I(#8283)
6/13 00_4-48/62812M