HomeMy WebLinkAboutItem #72 - First Reading OrdinanceORDINANCE No.
AN ORDINANCE AMENDING CITY OF MIAMI CABLE
TELEVISION LICENSE ORDINANCE No. 9332 BY
PROVIDING FOR THE DELETION OF SECTIONS 402
tu4u 4�.3 DEALING WITH THE ESTABLISHMENT OF THE
COMMUNITY ACCESS CORPORATION AND SUPPORT
THEREFOR; FURTHER PROVIDING FOR THE DELETION
OF SECTION 404(b) DEALING WITH THE SUBMISSION
AND APPROVAL OF A PLAN BY THE LICENSEE WITH
RESPECT TO THE DOLLAR COMMITMENT FOR SUPPORT
vF LOCAL ORIGINATION PROGRAMMING; FURTHER
AMENDING SECTION 901(a) OF SAID ORDINANCE BY
DELETING THE REQUIREMENT FOR FEE WAIVERS;
FURTHER AMENDING SECTION 901(b) BY PROVIDING
A NEW PROVISION FOR COMPENSATION TO THE
LICENSEE FOR THE TIME VALUE OF MONEY FOR
PREPAID LICENSE FEES; FURTHER AMENDING
SECTION 902(a) BY DELETING THE WORD "MINIMUM"
AS PERTAINS TO PREPAID QUARTERLY LICENSE
FEES; FURTHER AMENDING SECTION 1001 DEALING
• WITH THE REDUCTION OF THE SECURITY FUND TO $1
MILLION AT THE BEGINNING OF THE SIXTH YEAR
i AND SUBSTITUTING THEREFOR A NEW PROVISION
DEALING WITH REDUCTION OF THE SECURITY FUND
TO $1 MILLION UPON FULL COMPLETION OF
CONSTRUCTION OF THE CABLE SYSTEM AND DEALING
WITH COMPLIANCE WITH SPECIFICATIONS TO BE
CONFIRMED BY A SYSTEM PROOF -OF -PERFORMANCE
CONDUCTED BY AN INDEPENDENT ENGINEERING FIRM;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Cable Communications Policy Act of 1984
establishes a comprehensive statutory scheme for franchising
and regulation of cable television; and
WHEREAS, since the adoption of City of Miami Cable
Television License Ordinance No. 9332, the City has
undertaken a comprehensive review of said ordinance in an
attempt to identify provisions and obligations therein which
may hest be restructured in an effort to maximize the
benefits to be derived by the citizens of Miami; and
WHEREAS, this ordinance is inteyeA only to modify the
existing Cable Television Licence i a ce No. 9332 and is
not to be considered a new ligVn§91agr a ent; and
WHEREAS, Dade County pr ently maintains educational
and public access rogramm'n over cable to which affected
municipalities co4ri)ft such programming; and
WHEREAS, Co has proposed that the City of
Miami pay 1� o is license fee for public access
programming w ich c ssitates restructuring the public
access prbv4*i ns con fined in Ordinance No. 9332; and
W E the recently enacted federal cable Act
requi cable regulatory entity to compensate a licensee
for time value of money for license fees prepaid and due
conside ation thereof having been given by the City to
comp sate the licensee; and
1 WHEREAS, the construction of City of Miami's cable
television system is near completion, thus allowing for a
recommendation for reduction of the 2 million dollar
security fund held by the City to 1 million dollars upon
full completion of construction of the system and meeting of
technical specifications; and
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