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Home My WebLink AboutO-10678J-89-16 7/5/89 ORDINANCE NO. ILO6'078, AN ORDINANCE AMENDING SECTION 804 OF THE CITY OF MIAMI CABLE TELEVISION LICENSE ORDINANCE NO. 9332 BY DELETING THE WORD "FORTY-FIVE (45)" AND SUBSTITUTING THEREFOR THE WORD "THIRTY (30)" AS IT PERTAINS TO THE MINIMUM NUMBER OF DAYS AFTER THE DUE DATE OF A DELINQUENT CABLE TELEVISION FEE OR CHARGE THAT NOTICE TO DISCONNECT SERVICE IS GIVEN TO THE SUBSCRIBER; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since the adoption of City of Miami Cable Television License Ordinance No. 9332, the City has from time to time undertaken a review of said ordinance in an attempt to identify provisions and obligations therein which may best be restructured in an effort to maximize the benefits to be derived by the citizens of Miami; and WHEREAS, the change in the minimum number of days a cable television subscriber is given notice by the licensee of the intent to disconnect from forty-five (45) days to thirty (30) days after the due date of the delinquent fee or charge will improve cable television operating procedures by reducing costly collection efforts and reconnection expenses; and WHEREAS, this Ordinance is intended only to modify the existing Cable Television License Ordinance No. 9332 and is not to be considered a new license agreement; and WHEREAS, the modification to the existing license ordinance contained herein is the result of negotiations and mutually agreeable terms between the City and its cable licensee; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: i®6'7& M Y., Section 1. The City of Miami Cable Television License Ordinance No. 9332, adopted Otober 19, 1981, is hereby amended in the following particulars 1/: "Section 804. Disconnection. There shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee or any other properly due fee or charge, the Licensee may disconnect the subscriber service outlet; provided, however, that the subscriber has been given ten (10) days' written notice of the intent to disconnect and such notice was given not less than thirty, (2 days after the due date of said delinquent fee or charge. If a subscriber pays all outstanding fees and charges prior to the expiration of the ten day notice, the Licensee shall not disconnect. After disconnection, upon payment in full. of the delinquent fee or charge and the payment of the reconnection charge, the Licensee shall promptly reinstate a subscriber's cable service." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, unconstitutional or void, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective 30 days after final reading and adoption hereof, pursuant to law. PASSED ON FIRST READING BY TITLE ONLY this 27th of July 11 1989. 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. i t � PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 74-h day of becember r 198^ f AT S /'Affv/ MANTY HIRAI CITY CLERK PREPARED AND APPROVED BY: A. QUINN JONES, III DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JOR E L .0 FERNIAMDEZ CIT ATTORNEY RFC:SM:bss:M437 December 7th, 1989 Honorable Mayor Suarez and City of Miami Commissioners 3500 Pan American Drive Miami Florida 33133 Dear Mayor and Commissioners: MIAMI TEL&COMUNICATIONS, INC. 1306 NORTHWEST 7TH AVENUE MIAMI, FLORIDA 33136 (305) 324.4927 submitted, info -the Public record in cz '.'— -I: On With fILA i ^atty Hirai City Clerk Pursuant to your request, Miami Tele-Communications,Inc hereby agrees that any customer that is disconnected by computer, will not be charged a reconnection fee to reconnect by computer. I trust this satisfies you request. Sincerely, Miami Tele-Communications,Irie-" Anthony Bello, General Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANiDUM TO The Honorable Mayor and DATE : JUL 1989 FILE Members of the City Commission Miami TCI: Disconnect Policy --Ord. Amend. 7/13/89 Comm. Meeting FROM: Cesar H. Od to REFERENCES: I tem *33 Deferred from City Manager 1/13/89 Comm. Meeting ENCLOSURES :Correspondence lAck.ground Miami Tele-Communications, Inc., the Cable TV licensee, has requested that Agenda Item *33 (or "*30"), a Proposed Amendment to the Cable Television License Ordinance, deferred by Motion No. 89-31 from the January 13, 1989, City Commission meeting, be placed on the Agenda for July 13, 1989 City Commission meeting. This proposed modification to the existing cable license ordinance will change -the minimum number of days a cable television subscriber is given notice by the licensee of the Intent to disconnect from forty-five (45) days to thirty (30) days after the due date of the delinquent fee or charge. Motion No. 89- 3 1 deferred the Item until: 1. An Investigation and report be received by the City Commission �. concerning TCI's Minorlty Participation Initiative; 2. Cable for the Sports Arena is in place; 3. The City can have finalized negotiations for the Sports - Channel. (Commissioner DeYurre requested a final response.on the negotiations for the SportsChannel.) 1. Minority Business EmtCrnrIse PartIcInatIon Section 1106 of the cable license ordinance requires reasonable and good faith efforts by the 'llnensee to procure from or use qualified minority business enterprises for twenty (20) percent of the total dollar amount of any and all contracted expenditures by the Iicjnsee (excluding factory direct purchase terms or Items purchased from a sole source of supply), with the 20 percent equally allocated among black and Hispanic minority bus'Iness enterprises. In his letter dated March 16, 1989, Mr. Anthony Bello, System Manager, (attached) states that In .1988 the total dollar amount of all contracted expenditures by Miami TCi (as defined in Section '1 106 of the license ordinance) was $1 , 707 , 291 . Of this ':._ amount, $431,762 went to local minority businesses. Calculated as a percentage .of the tots I do I I ar 'amount, the Iota I amount of minority participation Is 25.3%. The Honorable Mayor and -2- Members of the City Commission With regard -to the allocation of participation to black and to Hispanic firms, 100% of the company's purchases from minority businesses were from local Hispanic businesses. The table below compares minority business enterprl'.se participa- tion for the past three years (as reported by the cable company): (Miami CablevIslon) (Miami TCI) Year 1986 1987 1988 Total-Expendlture3 $1,032,189 $2,159,542 $1,707,291 Total Expenditures with MIno rity Businesses 410,543 572.753 431,762 % Minority Business Enterprise Participation 39.7% 26.5% 25.3% % Black Participation 15% 2% 0% "% Hispanic Participation 85% 98% 100% Because there are discrepancies between the amounts and the names of the companies listed In Mr. Bello's letter and the amounts and the names of the minority companies listed In the bus-Iness Participation reports filed each quarter In 1988 by Miami TCI, It Is necessary to independently verify the amounts. Miami TCI submitted a certified audited statement for 1988 on June 1, 1989, but It did not Include the schedules breaking out CATV plant and SG&A expenses. Because line Item expenditures are given In these schedules, they are useful. In verifying minority business participation compliance -- but are presently not available. Miami -TC1 has been requested to furnish these certified audited schedules by August 10, 1989. The Office of Minority/Women Business Affairs attempted to contact tan of the companies listed to verify the amounts. Only one agreed With the amount. Of the others; some did not respond, others were now out of business, and two disagreed. The City of Miami Internal Audits and Reviews Department has been requested to conduct an on -site audit of Miami TCI to verify the amounts spent with local minority' businestes'. Mr. Se'l I o 'has pledged full cooperation by Miami TCI with the City's auditors.., 2. Snorts Arena Cable Service The cable to the Sports Arena 13 In place,' and Miami TCI Is providing service to that facility. IL0678'' 3.bortsChnnne0 Negotlatlons Tole -Communications, Inc., the parent company of Miami TCI, negotiated with the SportsChannel for several months concerning Its carriage. TCI believes that the cost of providing Sports - Channel as. a basic service would be unduly burdensome to subscribers that are not Interested In more sports programming. Further negotlatlons'k'to carry SportsChannel as a pay service for those subscribers who wanted to pay five or six dollars a month extra 'for It, also fell through due to contract restrictions with the sports teams. Miami TCI has submitted a request to Its Board of Directors to carry the Sunshine Sports Network. Mr..Bello states that he Is, at this time, 099.9% sure that at their next meeting this will be approved, and should be on the system as a basic service this summer." CHO:MSS 3 IL0678. . MIAMI TELAE-CO�M�IUNICATIONS, INC. C,tL�� Lo ,..F AM i_e7�lAVErvuE LEI !J tCM) 32H9R March 16,r 1989 Ms. Merry Sue Smaller Cable Communications Administrator City of Miami 2850 Tigertail Avenue, 2nd Floor Miami, FL 33133 Dear Ms. Smoller: Pursuant to your March 3, 1989 letter concerning Miami Tele- Communications, Inc.'s compliance with minority participation, below is a breakdown of eligible expenses. Please note that minority enterprises participated at 25.3% of - MTCI's discretionary expenses.. ELIGIBLE ACCOUNT TOTAL EXPENSE MINORITY PORTION CONTRACT LABOR $1,227,857 $163,153 (A) MARKETING COSTS 147,318 40,301 (B) VEHICLE EXPENSE 76,462 42,480 (C) OFFICE SUPPLIES & EXPENSE 99,039 83,516 (D) JANITORIAL SERVICE 23,147 23,147 (E) OPERATING SUPPLIES 7,745 3,205 (F) MAINTENANCE MATERIAL 20,695 7g430 (G) UNIFORMS 386 0 BAD DEBT COLLECTION 68,530 68,530 (F) .LEGAL AND ACCOUNTING 23,214 0 FREIGHT 12,898 0 $1,707,291 $431,762 MINORITY FIRMS (A) FREEDOM COMMUNICATIONS - HISPANIC (B) DEVELOPMENT OF MARKETING - HISPANIC MULTI COMMUNICATIONS -'HISPANIC PUBLITEC - HISPANIC (C) ORIOLES GULF - HISPANIC (D) A & C STATIONERS - HISPANIC JUAN HERNANDEZ CONSTRUCTION - HISPANIC NATIONAL GUARD -'HISPANIC DOMUS CONSTRUCTION - HISPAN.IC (E) WELCOME CORP. - HISPANIC (F) VARTA BATTERIES - HISPANIC (G) GANCEDO LUMBER - HISPANIC (F) AMAG COLLECTION - HISPANIC