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Home My WebLink AboutR-98-0141J-98-154 1/30/98 RESOLUTION NO. 988 - 141 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING ITS OPPOSITION TO FLORIDA HOUSE BILL NO. 3291 REGARDING FRANCHISE FEES FOR UNDERGROUND RIGHT-OF-WAY ACCESS TO BURY TELEPHONE LINES; FURTHER DECLARING OPPOSITION TO ANY PROPOSAL WHICH PLACES UNFAIR RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE FEES CHARGED BY MUNICIPALITIES TO FOR -PROFIT TELEPHONE COMPANIES FOR SERVICES AND PERMITTING THEIR BUSINESS TO BE CONDUCTED ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY FROM MUNICIPAL GOVERNMENTS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. WHEREAS, Florida House Bill No. 3291 is presently in committee in the current session of the Florida Legislature, which concerns franchise fees paid to municipalities for the underground right-of-way access to bury telephone lines; and WHEREAS, the existing State Law allows municipalities to charge telephone companies up to one percent (la) of their gross revenues in franchise fees, and those firms that provide cable television, gas and electricity pay similar fees; and WHEREAS, adoption of the proposed Bill, will allow the telecommunications industry to place stricter caps on what cities may collect, which would give for -profit telephone companies nearly free access to land for which the municipalities should be just compensated; and CITY COI — EM02F 1IEETING OF FEB 10 1998 Rewluftn Na 98- 141 WHEREAS, language in the proposed Bill could further permit telephone companies to conduct their business on public lands without seeking "additional authority" from the cities; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby declares its opposition to Florida House Bill No. 3291 regarding franchise fees for underground right-of-way access to bury telephone lines. Section 3. The City Commission further hereby declares its opposition to any proposal which places unfair restrictions and/or limitations on franchise fees charged by municipalities to for -profit telephone companies for services and permitting their business to be conducted on public lands without seeking additional authority from municipal governments. Section 4. The City Clerk is hereby directed to transmit a copy of this Resolution to Governor Lawton Chiles, the President of the Florida Senate, the Speaker of the Florida House of Representatives, and all members of the Miami -Dade County Legislative Delegation. Section 5. This Resolution shall become effective immediately upon its adoption. - 2 - g$- 141 PASSED AND ADOPTED this loth day of February 1998. XAVIER L. SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A -'. �) ali J , ,.I/ L EDWARD MAXW] 'ERIM CITY AT'i1 234:BSS - 3 - 98- 141 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Jose Garcia -Pedrosa DATE: City M an no SUBJECT: FROM (Willy) Gort CAm23 January 20, 1998 REFERENCES: Written response due no later than 2/10/98 ENCLOSURES: FILE: Attached is a copy of a memorandum from Mr. Russ Marchner Executive Director of The Miami Dade League of Cities, Inc., and a resolution reference Florida House Bill 3291. Will you please review the documents and if you agree that it is in the City's best interest to oppose this bill, place it on the Agenda for the next City Commission Meeting. Please note that time is of the essence since the Legislative session will commence shortly. Thank you for your cooperation WG/cm DATA/FLAHOUS-M_DOC cc: Howard Lenard, Esq.,General Counsel The Miami Dade League of Cities Russ Marchner, Executive Director, The Miami Dade League of Cities The Miami-f lde County Leagu of Cities, Inc. 7480 Fairway Drive, Suite 206, Miami Lakes, Florida 33014 Phone:305.557.1722 Fax:305.821.5228 OFFICERS Presideast NON. JEFFREY A. MISHCON Maya, North Miami Beach FIM Vice Pne WrW NON. JOHN A. CAVALIER. JR Maya, Miam Spit, Seeand Vice Ptesi4ot HOK. %IFREDO (WILLI") GORT Commissioner, Mauna Third Vke President NON. R.S. SHIVER ('omnrissioner. Honda City NON. REBECA SOSA Maya, West Miazm Treasurer NON. MITCHELL KINZER Conunissioner, Surbide BOARD OF DIRECTORS NON. PATRICIA ROGERS- LIBERT Counclwoman , Avant= HON. DANIEL S. TANTLEFF Councilman. Bal Harbour NON ROBERTH. YAFFE ('')unci marL Bav Harbar Ishmais HON. WILLL4M H. KERDYK, JR. Conunissioraat, Coral Gables NON. BETSY KAPLAN Board Member kliarni-Dude County School Board HON. DAISY BLACK Mayor, El Portal NON. ISREAL ANDREWS Commissioner, Florida City HON.JUDY CUENCA Mayer, Gallen Beach NON, CARMEN CALDWELL Ca ncitwornara. Hialeah NON. GILDA CABRERA Mayor, Hialeah Gardens HON. STEVE SHIVER Maya, Homestead HON. KENNETH FISHER Mayor, Indian Ctak HON. MICHELE PADOVAN Core cilzr i. Key Biscayne NON. JACK MORROW Mayor, Medley NON. JIMMY L. MORALES Cornnuss=44 Miami -Dade Canty NON NEISEN O KASDIN Mayor, Mani Beach HON MICHAEL H. BOYLE vice Mayor, Miami Shores HON. HELEN CANNON `: ace Mayor, Miami Springs NON IRVINGLEIGHTON Vice Maya, North Bay Village HON. FRANK WOLLAND *, acc Mayor. North Miami 4ON JAY R CHER.NOFF o:ma1mar, North Miami Beach HON ALVIN MILLER Vice Mayor, Opa•Loeka NON CINDIE BLANCK Cowaclwoman, Pinectest NON ARMANDOOLIVEROS,JR. C ormnsswna, South Miami NON. DAN,ID SAMSON Maya, Surety Isles Beach NON, PRISCA BARRETO Coturcdwaman, Sweetwater HON. EMILIO GUERRA Councilman, Virgin Gardens PAST PRESIDETY[S NON. JAMEST. BARKER Commaowrc; Coral Crbi s HON. JOSEPH J. GARDNER C ourcilt mi, Bey Harbor Islands NON. JOHN KURZMAN Vwe Mayor, North Miarm Beach NON. RALI. L. MARTJNEZ Mayas, Haleah NON. J. L. PLUMMER JR. Cotmrssioner, Miarra NON. ARTHURSNYDER Maya, Avantma HON. PAUL V OGEL, D.C. Maya, North Bay Village Executive Direeter RUSS NiARCHNER Gawral Camsal HOWARD B. LENARD ACTION REQUEST TO: Miami -Dade County League Board Members DATE: January 16, 1998 FROM- Russ Marchner, Executive Director RE: Florida House Bill 3291 Please have your city/county consider the attached resolution strongly opposing Florida House Bill 3291 which would restrict the authority of local governments to charge franchise fees for the use of public lands. Further, please contact your state representative informing her/him of your opposition to HB 3 29 1. Thank you. DQ- 141 3 RESOLUTION NO. 98-1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ;�1iANII-DADE LEAGUE OF CITIES, INC. OPPOSING HOUSE BILL NO. 3291 PRESENTLY IN COMMITTEE IN FLORIDA LEGISLATURE REGARDING FRANCHISE FEES FOR UNDERGROUND RIGHT-OF-WAY ACCESS TO BURY TELEPHONE LINES; CONTINUING OPPOSITION BEING MADE TO ANY PROPOSAL TO PLACE UNFAIR RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE FEES CHARGED BY MUNICIPALITIES TO FOR -PROFIT TELEPHONE COMPANIES FOR SERVICES AND PERMITTING THEIR BUSINESS TO BE CONDUCTED ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY FROM MUNICIPAL GOVERMMENTS. NAMERE AS, House Bill No. 32291 is presently in committee in the current session of the Florida Legislature, which concerns franchise fees paid to municipalities for the underground right- of-way access to bury telephone lines; and 'WHEREAS, the existing State Law allows municipalities to charge telephone companies up to 1 % of their gross revenues in franchise fees, and those firms that provide cable television, gas and electricity pay similar fees; and WHEREAS, Aith the proposed Bill, the telecommunications industry hopes to place stricter caps on what cities may collect, which would eive for -profit telephone compa,-des nearly free access to land for which the municipalities should be justly compensated; and WHEREAS, language in the proposed Bill could further permit telephone companies to conduct their business on public lands without seeking "additional authority" from the cities; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Miami -Dade League of Cities, Inc.: RESOLUTION 98-1 5 qg- 141 Section i. 11}at the Miami -Dade League of Cities, Inc. opposes House Bill No.:291 presently in committee in the Florida Legislature regarding franchise fees for underground right-of- way access to bury telephone lines - Section 2. That opposition to House Bill No. 3291 is specifically directed to any proposal to place unfair restrictions and/or limitations on franchise fees charged by the municipalities to for - profit telephone companies for services, and liuther to permit their business to be conducted on public lands-Aithout seeking additional authority from the municipal governments. APPROVED AND ADOPTED by the Board of Direetom of the Mimni-Dade County League of Cities, Inc. at regular meeting assembled this 8th day of January, 1998. ATTEST: Q A�y HONORABLE REBECA SOSA Secretary 3 y A. MISHCON siden RESOLUTION W1 0 JHf 16 c it-F'� 1 _ I�-+LE iELEJZ— tJ1i_1� MIAMI-DA_ COUNTY LEGISLATIVE DELE TION Sen. Alberto "Al" Gutroan, Chair p. Beal Roberts -Burke , Vice Chair SENATE MEMBERS ELI Member Staff j Phone do Fax Address 32 Joan Gliekmfn (Aide) 954/983.3200 4000 Hollywood Blvd., Suite 340N Howard C. Forman Rence Schw (aide) F:954/964-0985 Hollywood; FL 33021-6744 Mary MangiJmelt(Scc) 34 Annette Mo a (Aide) 305,1442-6990 1800 S.W. 27th Avenue, Suite 300 Alberto Gutman Bcrtha Uri (Aide) F:305/442-6980• Miami, FL 33145 Lubby Go lcz (Sec) 36 Thomas D aldson (Aide) 305/895-8970 1175 N.E. 125 Street, Suite 320 William IL Turner Lisa Jacqu (Aide) F:305/795-2108 North Miami, .FL 33161 Wanda G. mery (Aide) 37 Omar Fr o (Aide) 305/227-7690 8890 Coral Way, Suite 215 Mario Diaz-Balart Millie Gar ia-Navarro (Aide) F:305/226-3272 Miami, FL 33165 Glorimine or (Aide) 3S Rasa Bro (Aide) 305/936-8858 2999 N-E. 191st Street, Ste. 901 Ronald A. Silver Sharon J es (Aide) Aventura, FL 33180 Barbara (Aide) 39 -is Maria E1 s Sanchez (Aide) 305/827-4040 4921 West Ah Avenue Roberto Casas Mari L. J ffe (Aide) F:305/827-2761 Hialeah, FL 33012 Walter bon (Aide) 40 Antwa Wallacc (Aide) 305/442-6901 9300 So. Dadeland Blvd., Suite 401 Daryl L. Jones Sunito lie (Aide) F:305/442-6903 Miami, FL 33156 Edggar aAt (Aide) t;oAeen t (Aide) HOUSE MEMBERS 1 Member Staff ! Phone do Fax Address i '.01 Gail R. 'chwartz (Aide) 9541893-5089 400 So. Federal Highway, Sic 204 Stcven A. Geller Sandy er;an (Sec) F 954893-5091 Hallandale, FL 33009 102 4-mar ennids (Aide) 305/827-2720 6011 West 16th Avenue Luis Rojas Janet arr (Aide) F:305/557-4762 Hialeah, FL 33012 -ri. Linda edrosa (Sec) 941 /434-5094 3301 E-'T'amiami Trail, Bldg. F, 3rd Naples, FL 33962-4902 103 Ruby ]Morton (Aide) 3051691-0008 490 Opa-Locks Blvd, Room 21 Willie Logan Tom f mcs (Sec) F-305/685-9650 Opa-Loci a, FL 33054 104 Char' sc Isaac (Aide) 305/655-3671 111 N.W. 183rd Street, Ste. 409 Kendrick Meek Joyc1postell (Sec) F 305/655-3668 Miami, FL 33169 105 Bo a Michaels (tide) 305/919.1888 17101 N.E. 19th Ave., Ste. 205 Sally Heyman N Jay (Sec) F 3051919-1890 North Miami Beach, FL 33162 0R-- 141 7 -j8Pt`t DADE I,ELE;ATP;t� MIAMI-DADE COUNTY LE ISLATIVE DELEGATION - NzMBERS (continued) F._ Member Staff phone & Fax Address 106 Debra Schw (Aide) 305/864-8648 300 71 st Street, Suite 504 Elaine Bloom Charlotte Lieman (Sec) F:305577-5384 Miami Beach, FL 33141 107 Loreta Sanc Aide) 305/643-7324 1454 S.W. 1st Street, Suite 100 Bruno A. Barreiro Elizabeth Te a (Sec) F:305/643.7326 Miami, FL 33135 tier 108 Carolyn Mc (Aide) 305/325-3086 7900 N.E. 2nd Avenue. State 705 Beryl Burke Shellt Ham n (Sec) F:3051325-3088 Miami, FL 33138 109 Laurcncia l ert (Aide) 305525-2868 3550 Biscayne Boulctiari, Ste. -i05 James Bush, III- Hilda Harl (Sec) F305/325-2869- Miami, FL 33137-4139 110 Susie Mora s (Aide) 3051888-0S66 368 West 21 Street Rodolfo Garcia, Jr. Frances Al an (Sec) F•3051827.2733 Hialeah, FL 33010 111 Elizabeth. arrero (Sec) 305/267-0134 7175 S.W. Stli Street, Suite 201 Carlos L Valdes Nelly Jim ez (Scc) F:305/227-7697 Muni, FL 33144 112 Miguel Otero (Aide) 305/222.4160 2350 Coral Way Suite 202-A FL J. Alex Villalobos Vichy Rtguera (Sec) F:305/222-4162 ` Miami, 33145 113 Dclvys Alvarez Saiido (Aide) 305/6434590 $07 S.W. 25th Avenue, Suite 302 Luis C. Morse Teresa LleJrena-Perez (Sec) F.305/643-7589 Miami, FL 33135 114 Alin& G is (Aide) 305/377-7123 825 Bayshore Drive, Ste. 1750 Jorge Rodriguez-Chomat Merle S ina (Aide) F:305r77.7125 Miami, FL 33131 115 (Aide) Jeanetkastfflo(Sec) 305/229-6240 1405 S.W. 107 Ave.. Ste. 301-i Alex Diaz De La Portilla Aaabe F.305229.6242 Miami, FL 33174 116 Eileen*ulbee(Aide) 305279-7337 10691 North Kendall Dr., Ste. 1 3 Annie Betancourt Fatimacz (Aide) F:305/229-6244 Miami, FL 33176 117 305/569.2600 3191 Coral Wav, Ste., 616 Carlos Lacasa Alber+- Salido (.tide) F:305/569-2602 Miami, FL 33I43 118 Angelai. ane (AideN !� 3031253.3421 10700 Caribbean Blvd. 41, Ste 302 Larcenia Bullard Stephaiie Bivins (�ec) F.305/234-2256 Miami, FL 33189 119 Marta Inez -Chen (Aide) 305/373-5315 201 West Flagler Street John F. Cosgrove Frank orta (Aide) F 3051377-5125 Miami, FL 33130 120 Sue E en Spencer (Aide) 305294- 7191 3132 Notthside Drive, Ste 201 Debbie Horan Ranh Oropeza (Aide) F.305292-6759 Ke West, FL 33040 Lisa aurer (Aide) 305853-3505 88T�0 Overseas Highwav DELEGATION OFFICE Raquel "Rocky" Egusquiza Ex Live Director 305/375-4088 F:305�375-4151 Stephen P. Clark Center I I 1 N-W. 1st Street, Suite 655 Miami, FL 33128 8 Paula Alegia Sect teary STATE OF FLORIDA 'ffirE of the Goverxwr c� wE Ian THE CAPITOL TALLAHASSEE, FLORIDA 32399-0001 LAwT oN CHILES GOVERNOR March 23, 1998 Honorable Walter J. Foeman, City Clerk c: �A' `cg City of Miami T Post Office Box 330708 Miami, Florida 33233„ oNi r Nj Dear Walter: .. N) Thank you for sharing with me the resolution passed by the City of Miami Commission opposing passage of House Bill 3291, the Telecommunications Rights -of -Way Act. As telecommunica- tions industry competition increases within a deregulated environment, many legislative proposals will be forthcoming. Each will require careful scrutiny to determine the overall costs and benefits for Florida's citizens. My staff will be following the progress of House Bill 3291 during the legislative session. I have asked them to thoroughly consider the impact this bill would have on Florida's local governments and to keep me informed. Again, thank you for sharing your resolution with me. I'd like to hear your thoughts and concerns as debate on this important matter moves forward. With kind regards, I am ��r .WTON CHILE LC/msb Florida House of Representatives Carlos L. Valdes Representative, District 111 7175 SW Sth Street, Suite 201 Miami, FL 33144 (305) 267-0134 432 House Office Building 402 South Monroe Street Tallahassee, FL 32399 City Manager Jose Garcia -Pedrosa City of Miami 3500 Pan American Drive Miami, FL 33133 Dear City Manager Garcia -Pedrosa: Committees: Business Development and International Trade, Chairman Transportation & Economic Development, Appropriations Law Enforcement & Public January 16, 1998 Safety As sponsor of a Bill, which currently has more than 20 co-sponsors overall, to establish uniform telecommunications fees throughout the state (HB3291), I want to explain to you why I believe this is a pro - consumer bill that has no impact on the franchise fee revenues cities presently receive. I know revenues are a main issue of concern for municipalities. Maintaining a high level of service without raising the rnillage rate is a balancing act which takes place yearly in every city in the state. But having every City in Florida determine what are "reasonable" telecommunications fees is not the answer to increasing revenues. It's detrimental to our constituents and future telecommunications competition in our area. Today, 13% (for residential service) to 21% (for business service) of a typical telephone bill is paid by consumers for various fees and taxes imposed by government. This bill is an attempt to prohibit excessive telecommunications charges that will be reflected on monthly telephone bills. A main purpose of HB 3291 is to define the broad definition of what cities are calling "reasonable" fees. It also creates uniformity among all municipalities throughout the state on the fees telecommunications companies should be charged for using rights -of -way. The Bill defines the regulations they must follow to provide service to their customers and will greatly reduce the cost of litigation which would be necessary to ensure compliance with federal and state law. 98- 141 9 Recently, out-of-state consultants have come to Florida looking for new clients. They've been telling local governments that, despite state statutes, they can raise their revenues by increasing rights -of -way fees, and some cities are listening. Cities, through the advice of these consultants, are far exceeding their authority in an attempt to increase their revenues. I know that some information has been spreading about what this bill does. So let me set the record straight. The proposed legislation: • Confirms that the public rights -of -way are owned by the people and held in trust by local governments for public use. • Clearly limits the amount a city can charge for occupying those rights -of -way by telecommunications companies to 1 % of recurring local service revenues or what it costs to manage the rights -of -way. • Defines that, aside from occupational license tax, local governments cannot charge telecommunications companies for the right to do business in their city. • Defines that local governments cannot regulate the rates or services a telecommunications company can provide. The Florida Public Service Commission has jurisdiction over these areas. • Prevents iotal government trom charging a `ioir for mt use of rights -of -way by telecommunications companies. Cities will still receive: • A 1 % or $500 per mile fee • 7 or 10 percent municipal service taxes • Local option sales taxes • Gross receipt taxes Let me re-emphasize these fees do not change. Additionally; if telecommunications companies damage rights - of -way when providing service, they are still required to pay for repairs. Cities still have the ability to adopt reasonable regulations governing the placement and location of telecommunications facilities in rights -of -way. This bill simply encourages uniformity of permission ordinances as well as compliance with federal and state law. The rights -of -way are areas held in the public trust by local governments to provide the best utility services available, directly improving your residents' quality of life. Increasing fees will deter competitive telecommunications companies from providing service to those areas and in that scenario no one wins. I hope this letter answers questions and clears up any misconceptions you may have had. If you are not clear about this issue and want to discuss it further, please do not hesitate to call me. Sincerely, 10 98- 141 WALTER J. FOEMAN City Clerk TO FROM �itlj of 'ffltamc JOSE GARCIA-PEDROSA City Manager THE HONORABLE LAWTON CHILES, GOVERNOR, STATE OF FLORIDA THE HONORABLE TONI JENNINGS, PRESIDENT, FLORIDA SENATE; THE HONORABLE DANIEL WEBSTER, SPEAKER OF THE HOUSE, FLORIDA SENATE; T E UN_V DE,11GATIO LTER J. ity Clerk, City of Mia SUBJECT RESOLUTION 98-141 DATE FEBRUARY 23, 1996 -------------- +------------ - - - - - - The City of Miami Commission, at its meeting of February 10, 1998, passed and adopted Resolution No. 98-141, and requested of the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited Resolution, which is self-explanatory. WJF/ek Enclosure OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box .330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 TO THE HONORABLE LAWTON CHILES, GOVERNOR, STATE OF FLORIDA THE HONORABLE TONI JENNINGS, PRESIDENT, FLORIDA SENATE; THE HONORABLE DANIEL WEBSTER, SPEAKER OF THE HOUSE, FLORIDA SENATE; iCity mMial E UN DE GATIO FROMTEity Clerk, of SUBJECT RESOLUTION 98-141 DATE FEBRUARY 23, 1996 The City of Miami Commission, at its meeting of February 10, 1998, passed and adopted Resolution No. 98-141, and requested of the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited Resolution, which is self-explanatory. WJF/ek Enclosure