HomeMy WebLinkAboutR-04-0718City of Miami
Legislation
Resolution: R-04-0718
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01255 Final Action Date: 10/28/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR
PERMITTED, INCLUDING THE ENGAGEMENT OF LEGAL COUNSEL,
AGAINST COMCAST CABLE COMMUNICATIONS, LLC, A PARENT
COMPANY TO AT&T COMCAST CORPORATION ("COMCAST"), TO
PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF
MIAMI ("CITY") INCLUDING BUT NOT LIMITED TO ANY ACTION
AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR TO
REMEDY ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY RELATED
TO COMCAST'S PETITION FOR SPECIAL RELIEF BEFORE THE FEDERAL
COMMUNICATIONS COMMISSION, CSR NO. 6409-E.
WHEREAS, Resolution No. 00-489, adopted June 8, 2000, and Resolution No. 02-917,
adopted August 22, 2002, authorize AT&T Comcast Corporation ("Comcast") to be a cable
operator within the City limits; and
WHEREAS, the Telecommunications Act of 1996, 47 U.S.C. Section 521, et seq.,
commonly referred to as the "Cable Act", and Chapter 11, City of Miami Code ("City Code"),
grants the City the authority to regulate certain aspects of Comcast's rates for basic tier cable
services;
WHEREAS, on October 22, 2004, the Federal Communications Commission ("FCC")
issued a public notice that Comcast has filed a petition with the FCC for relief from the City of
Miami's, and other Miami -Dade local governments', rate regulation alleging there is effective
competition from satellite dish providers; and
WHEREAS, if Comcast prevails in its petition before the FCC, the City lose its ability to
petition the FCC regarding future rate increases related to basic tier cable service.
WHEREAS, the City is responding to Comcast's petition in order to protect, preserve and
defend the health, safety and welfare of citizens and businesses of City of Miami.
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
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami
Page 1 of 2 File Id: 04-01255 (Version: 1) Printed On: 10/14/2016
File Number: 04-01255 Enactment Number: R-04-0718
Section 2.The City Attorney is directed to take any and all actions, necessary or permitted,
against the Comcast to protect, preserve and defend the interests of the City, including but
not limited to, any action authorized by law or in equity, to obtain any relief or to remedy any
losses or damages sustained related to Comcast's Petition For Special Relief before the
Federal Communications Commission, CSR No. 6409-E.
Section 3.This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
City of Miami Page 2 of 2 File Id: 04-01255 (Version: 1) Printed On: 10/14/2016