HomeMy WebLinkAboutR-95-0744J-95-887
10/17/95
RESOLUTION NO. 9 ~ 744
A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S
ENGAGEMENT OF THE LAW FIRM OF LEIBOWITZ &
ASSOCIATES, P.A., TO PROVIDE ADVICE,
ANALYSIS, COUNSEL, AND OTHER RELATED SERVICES
REGARDING THE CITY OF MIAMI'S EXISTING CABLE
TELEVISION LICENSE AGREEMENT AND
CONSIDERATION OF A FRANCHISE RENEWAL; FURTHER
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $100,000.00, FROM THE SPECIAL
PROGRAMS AND ACCOUNTS FUND FOR SAID SERVICES.
WHEREAS, City of Miami Cable Television License Ordinance
No. 9332, as amended, adopted on October 19, 1981, granted a
Nonexclusive License to Miami Tele-Communications, Inc. and
Americable of Greater Miami, Ltd. (hereinafter referred to as
"TCI") for the privilege to use streets and public ways within
the municipal boundaries of the City of Miami to construct,
operate and maintain a cable television system (hereinafter
referred to as the "License"); and
WHEREAS, the term of the TCI License commenced on
November 19, 1981, for fifteen (15) years; and
WHEREAS, after the City Manager's submission to the City
Commission of a report on the performance of TCI and after public
hearings in accordance with the License renewal procedures
outlined in Ordinance No. 9332, as amended, the term may be
renewed for a period not to exceed fifteen (15) years; and
CITY COMMISSION
MEETING OF
0 c r z 6 1995
Resolution No.
95-- 744
WHEREAS, in order to determine satisfactory performance, the
City has sought the community's input on TCI's technical
developments, performance of the system, programming, other
services offered; cost of service, equipment, facilities and
personnel to aid access channel users and any other requirements
set forth by Ordinance No. 9332, as amended; and
WHEREAS, in accordance with Ordinance No. 9332, as amended,
the City Manager shall also consider TCZ's annual reports made to
the City or to the Federal Communications Commission and shall
prepare and submit a public report (hereinafter referred to as
the "Public Report") to the City Commission which sets the
results of the investigation and makes recommendations to the
City Commission regarding:
(1) Renewal of the License and term of the renewal;
(2) Changes to the License; and
(3) Potential amendments to Ordinance No. 9332, as amended;
and
WHEREAS, in order to conduct a thorough investigation and to
prepare the Public Report, it is necessary for the City to engage
the professional services of a law firm possessing experience in
negotiating franchise renewals with major cable operators and
which also assist the City with the following services:
(1) Review and analysis of existing franchise
agreement and related materials;
(2) Financial compliance review;
(3) Technical compliance review; and
(4) Preparation of all agreements and documents of
franchise renewal;
and
WHEREAS, Leibowitz & Associates, P.A. has represented over
thirty Florida cities and counties in cable television matters
including initial franchises, renewals and modification, rate
regulation, customer services regulation and franchise fee
audits;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Tile 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 Attorney's engagement of the law
firm of Leibowitz & Associates, P.A. is hereby authorized to
provide advice, analysis, counsel and other related services
.regarding the City of Miami's existing cable television license
agreement and consideration of a franchise renewal, with funds
therefor, in an amount not to exceed $100,000.00, hereby
allocated from the Special Programs and Accounts Fund for said
services.
_3
95- 744
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th
ATTEST:
_ G �: �. , A " GZk ��C Lam/
WALTER J. POE
CITY CLERK—`
BUDGETARY AND FINANCIAL REVIEW:
C� \�j
f October , 1995.
N P. CLARK,
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members of DATE October 17, 1995 FILE
the City Commission
SUaECT Authorizing engagement of
f�/� Leibowitz & Associates, P.A.
REFERENCES
FROM A. Q n Jorles I Cable TV License Renewal
City Attorne�
ENCLOSURES.
(1)
RECOMMENDATION
It is respectfully recommended that the City Commission
authorize the City Attorney's engagement of the law firm of
Leibowitz & Associates, P.A. to provide legal advice,
analysis, counsel, and other related services regarding the
existing cable television license agreement and the City's
consideration of a franchise renewal. Funds in an amount not
to exceed $100,000.00 are available from the Special
Programs and Accounts Fund for said services.
BACKGROUND
On October 19, 1981, the City Commission adopted Cable
Television License Ordinance No. 9332, as amended (the
"Ordinance"), granting a Nonexclusive License to Miami Tele-
Communications, Inc. and Americable of Greater Miami, Ltd.
("TCI") for the privilege to use streets and public ways
within the municipal boundaries of the City to construct,
operate and maintain a cable television system (the
"License"). The term of the TCI License commenced on
November 19, 1981 for 15 years. The term of the License may
be renewed for 15 years according to the License renewal
procedure outlined in the Ordinance which includes the
following steps:
public notice is given seeking community
comment on all areas of performance by the
licensee;
an investigation is conducted to determine
satisfactory performance of technical
developments, performance of the system,
programming, other services offered, cost of
service, and any other requirement set forth
in the Ordinance;
9V 144
J-95-8 1
Honorable Mayor and Members
of the City Commission
October 17, 1995
Page 2
a special inquiry is conducted as to whether
the licensee has provided equipment,
facilities and. personnel to aid access
channel users;
- the Licensee's annual reports made to the
City or FCC are considered;
- TCI's financial compliance is reviewed;
- TCI's technical compliance is reviewed;
- the City Manager prepares and submits a
public report to the City Commission setting
forth the results of the investigation;
- after receipt of the City Manager's report,
the City Commission holds a public hearing on
the question of renewal of the license.
In order to condjact a thorough investigation and to prepare
the public report required by Ordinance, it will be
necessary for the City to engage the professional services
of a law firm possessing experience in negotiating franchise
renewals with major cable operators. The law firm of
Leibowitz & Associates, P.A. has represented numerous
cities and counties in cable television matters, including
the initial award of franchises, renewals and modification,
rate regulation, customer services regulation and franchise
fee audits.
CC: Cesar H. Odio, City Manager
AP:bss:W031