HomeMy WebLinkAboutR-98-0305J-98-274
3/13/98
RESOLUTION NO. 9 " _ 3 " 5
A RESOLUTION GRANTING AN EXTENSION FROM
MARCH 24, 1998 TO APRIL 24, 1998 TO MIAMI
TELE-COMMUNICATIONS ("MTCI") FOR THE
SUBMITTAL OF A PROPOSAL FOR THE FORMAL
RENEWAL OF MTCI'S CABLE TELEVISION FRANCHISE
AGREEMENT WITH THE CITY OF MIAMI.
WHEREAS, it is necessary for the City to promote the public
health, safety, and general welfare by providing for the control
of cable television systems; and
WHEREAS, it is necessary to provide for the payment of fees
and other consideration by a licensee to the City for the
privilege of using public rights -of -way for constructing and
operating a cable television system; and
WHEREAS, the City initiated the formal cable television
renewal process of the Miami Tele-Communications (11MTCI11)
franchise in accordance with 47 USC § 546A in April, 1997, due to
lack of significant progress in informal negotiations; and
WHEREAS, starting in the second quarter of 1997, MTCI
temporarily set aside disputed financial issues and restarted
quarterly franchise fee payments; and
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MAR 2 4 1998
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WHEREAS, MTCI has resumed discussions with the City in
regard to a franchise agreement that would be effective through
the proposed transfer of the system to MediaOne and that would
bring final resolution to the financial dispute between the City
and MTCI; and
WHEREAS, the proposed transfer of the system to MediaOne has
been projected to be completed within eighteen (18) months; and
WHEREAS, once the transfer has been approved by the City
Commission, the City can begin to negotiate a franchise agreement
with the new cable television provider, MediaOne, and obtain
terms of greater benefit to the City than what might have been
anticipated with MTCI; and
WHEREAS, in recognition of this process, the City Commission
has previously extended the deadline for MTCI to submit the
formal renewal proposal through March 24, 1998; and
WHEREAS, the extension will provide time for the City to
draft revisions to Chapter 11 of the Code of the City of Miami,
Florida, as amended, to comply with current federal regulations;
and
WHEREAS, an extension to April 24, 1998, will also allow
time for the City to draft an agreement with MTCI to cover the
period of time between April 24, 1998 and the anticipated
transfer of the system to MediaOne; and
WHEREAS, the City Manager and the Director of Information
Technology recommend that the Commission grant this time
extension;
- 2 - 98 - 305
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. An extension from March 24, 1998 to April 24,
1998 is hereby granted to Miami Tele-Communications ("MTCI'I) for
the submittal of a proposal for the formal renewal of MTCI'S
Cable Television Franchise Agreement with the City of Miami.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of March , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of Commission action
regarding same, without the Mayor exercisin ve .
ATTEST:
WaltdLJeFoefnan, City Clerk
WALTER J. FOEMAN
CITY CLERK
- 3 - 98- 30'5
H•.14 3 V A 0
YAMILE M
INTERIM
APPROVED AS
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EDWARD
IM CITY
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BY:
SI13TANT CITY ATTORNEY
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S:
- 4 -
98- 305
TO
FROM
CITY OF MIAMI, FLORIDA CA=14
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members of the March 13 1998
DATE : � FILE
City Commission
SUBJECT: Resolution Extending the
Deadline for Formal
Renewal Proposal from
REFERENCES: MTCI
Jose Garcia -Pedrosa y�
City Manager ENCLOSURES:
� ;;
RECOMMENDATION:
It is respectfully recommended that the City Commission to grant an extension for Miami
Tele-Communications, Inc. (MTCI) to submit the formal renewal proposal from March
24, 1998 through April 24, 1998.
BACKGROUND:
In April, 1997 the City initiated the formal cable television renewal process, in
accordance with 47 USC § 546A, due to lack of significant progress in informal
negotiations between the City and MTCI. Since that time, MTCI has temporarily set -
aside financial issues in dispute and restarted quarterly franchise fee payments.
Additionally, MTCI has resumed discussions with the City in regard to a franchise
agreement that would be effective through the proposed transfer of the system to
MediaOne and that would bring final resolution to the financial dispute between the City
and MTCI. The proposed transfer of the system to MediaOne has been projected to be
completed within eighteen (18) months. Once the transfer has been approved by the City
Commission, the City can begin to negotiate a franchise agreement with the new cable
television provider. MediaOne, and obtain terms of greater benefit to the City than what
might have been anticipated with MTCI. The extension through April 24, 1998 will
provide time for the City to draft revisions to Chapter 11 of the Code of the City of
Miami, Florida, as amended, to comply with current federal regulations. The extension
will also allow time needed to draft an agreement with MTCI to cover the period of time
between April 24. 1998 and the anticipated transfer of the system to MediaOne. Both
items will then be presented for consideration by the City Commission on April 14, 1998.
JGP/CMC/AS/ecb
98 - 305
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Christina Cuervo March 13, 1998
DATE : FILE
Assistant City Manager
SUBJECT Resolution Extending the
Deadline for Formal
Renewal Proposal from
FROM : Aldo Stancat0 °u REFERENCES: MTCI
Interim Director
Information Technology ENCLOSURES:
It is respectfully recommended that the City Commission grant an extension for Miami
Tele-Communications, Inc. (MTCI) to submit a formal renewal proposal from March 24,
1998 through April 24, 1998.
In April, 1997 the City initiated the formal cable television renewal process, in
accordance with 47 USC § 546A, due to lack of significant progress in informal
negotiations between the City and MTCI. Since that time, MTCI has temporarily set
aside financial issues in dispute and restarted quarterly franchise fee payments.
Additionally, MTCI has resumed discussions with the City in regard to a franchise
agreement that would be effective through the proposed transfer of the system to
MediaOne and that would bring final resolution to the financial dispute between the City
and MTCI. The proposed transfer of the system to MediaOne has been projected to be
completed within eighteen (18) months. Once the transfer has been approved by the City
Commission, the City can begin to negotiate a franchise agreement with the new cable
television provider, MediaOne, and obtain terms of greater benefit to the City than what
might have been anticipated with MTCI. The extension through April 24, 1998 will
provide time for the City to draft revisions to Chapter 11 of the Code of the City of
Miami, Florida, as amended, to comply with current federal regulations. The extension
will also allow time needed to draft an agreement with MTCI to cover the period of time
between April 24, 1998 and the anticipated transfer of the system to MediaOne. Both
items will then be presented for consideration by the City Commission on April 14, 1998.
AS/ecb
98- 305