CITY OF NORTH LAUDERDALE

CITY ADMINISTRATION

 

TO:                             Mayor and City Commission

 

FROM:                       Richard D. Sala, City Manager

 

BY:                              Ambreen Bhatty, Assistant City Manager

 

DATE:                        March 13, 2007

 

SUBJECT:                 Resolution - Opposing House Bill 529, Consumer Choice Act of 2007

                                    (Removes the right of local governments to regulate Cable and Television Franchising)

 

On January 23, 2007, Florida House Representative Anthony Traviesa introduced the so-called Consumer Choice Act of 2007 (H529). This bill is not favorable to the interests of the City of North Lauderdale and other local governments throughout Florida as it:

 

  • Prohibits local government from negotiating terms and conditions from cable and video service providers wishing to do business in their jurisdiction.

 

  • Eliminates the ability of municipalities to award cable service franchises and eliminates all municipal requirements for the provision of a franchise prior to service provision.

 

  • Requires all customer service complaints to be directed to the Florida Department of Agriculture and Consumer Services eliminating citizen ability to seek remedy of complaints through their local government.

 

  • Places restrictions on the City in its ability to control the activities of cable television and video service providers within right-of-way and on private property in the City.

 

  • Allows telecommunication companies to “cherry pick” their customers and bypass less profitable neighborhoods for more well-to-do ones.

 

We strongly believe that this bill is detrimental to our citizens, as this legislation would repeal the role of local governments in franchising cable television and transfer it to a statewide permitting system – which is another hit to the so called “Home Rule”

 

RECOMMENDATION:     

 

The City Administration recommends Commissions consideration and approval of the attached Resolution opposing HB 529, Consumer Choice Act 2007, and directing the City Clerk’s office to forward this resolution to Florida Governor Crist, the leadership of House and Senate, the Broward County Legislative Delegation and other relevant elected officials.

RESOLUTION NO. _________

 

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA, EXPRESSING OPPOSITION TO  HOUSE BILL 529 KNOWN AS THE “CONSUMER CHOICE ACT OF 2007” (H529), URGING FLORIDA LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR  CO-SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO H529, REQUESTING GOVERNOR CRIST TO ADVISE THE HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT SUPPORT H529 DURING THE 2007 REGULAR SESSION, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO FLORIDA GOVERNOR CRIST, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPALITY IN BROWARD COUNTY, THE LEADERSHIP OF THE BROWARD COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE FLORIDA LEAGUE OF CITIES, AND EACH MEMBER OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; AND PROVIDING AN EFFECTIVE DATE.

_______________________________________________________

 

            WHEREAS, on January 23, 2007, Florida House Representative Anthony Traviesa introduced the Consumer Choice Act of 2007 (H529); and

 

            WHEREAS, the bill prohibits municipalities and counties from negotiating terms and conditions from cable and video service providers wishing to do business within the local governments’ jurisdiction in the future; and

 

            WHEREAS, the bill deletes authorization for municipalities and counties to award cable service franchises and restrictions that require cable service companies not to operate without such franchise; and

 

            WHEREAS, the bill designates the Florida Department of State as the authorizing authority for state-wide franchising of cable and video service providers, but prohibits the Department from imposing build out, construction, and deployment requirements on cable and video certificate holders; and

 

            WHEREAS, the bill requires the Department of Agriculture and Consumer Services to receive all customer service complaints thereby eliminating citizen ability to seek remedy of complaints via their local government; and

 

            WHEREAS, the bill establishes requirements and limitations on municipalities and counties relating to access to public right-of-way; and

 

            WHEREAS, the bill prohibits municipalities and counties from imposing any additional requirements on cable and video certificate holders; and

 

            WHEREAS, the bill would deprive municipalities and counties of the authority to establish and maintain government owned and operated networks, known as institutional networks, that may be utilized by first responders and other government officials in the day-to-day management of local government business; and

 

            WHEREAS, the bill would potentially reduce the amount of capacity which may be required by local governments to meet their public, educational, and government “PEG” access needs, while stripping local government of the ability to obtain capital support for the use of PEG capacity with the result that the communities’ cable-related needs and interests may not be met; and

 

            WHEREAS, the bill would deprive local citizens of the ability to address local issues locally, by removing to the state all customer service issues; and

           

            WHEREAS, the bill would ultimately preempt all local authority over the provision of cable and video services within the community, including the ability of the local government to provide appropriate oversight to entities conducting business within their jurisdiction and in the local public rights-of-way; and

 

            WHEREAS, for these reasons, the City of North Lauderdale finds that it should oppose H529 and urges Florida Governor Crist, the Broward County Legislative Delegation, the mayor of each municipality in Broward County, the leadership of the Broward County League of Cities, the Leadership of the Florida League of Cities, and each member of the Broward County Board of County Commissioners to oppose H529; and

 

            WHEREAS, the City of North Lauderdale finds that this resolution should be forwarded to Florida Governor Crist, the Broward County Legislative Delegation, the mayor of each municipality in Broward County, the leadership of the Broward County League of Cities, the Leadership of the Florida League of Cities, and each member of the Broward County Board of County Commissioners.

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA:

 

Section 1:      The foregoing recitals are hereby ratified and confirmed.

 

Section 2:     For the reasons stated herein above, the City of North Lauderdale, Broward County, Florida, declares its opposition to H529 and urges Florida Governor Crist, the Broward County Legislative Delegation, the Mayor of each municipality in Broward County, the leadership of the Broward County League of Cities, the Leadership of the Florida League of Cities, and each member of the Broward County Board of County Commissioners to oppose H529.

 

Section 3:     The City of North Lauderdale requests Governor Crist to strongly consider advising the leadership of the House and Senate during the 2007 Regular Session that he does not support H529.

 

Section 4:    The City of North Lauderdale hereby directs that this resolution be forwarded immediately to Florida Governor Crist, the Broward County Legislative Delegation, the Mayor of each municipality in Broward County, the leadership of the Broward County League of Cities, the Leadership of the Florida League of Cities, and each member of the Broward County Board of County Commissioners.

 

Section 5:   This resolution shall become effective immediately upon adoption.

 

PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida this 13th day of March, 2007.

 

 

 

APPROVED AS TO LEGAL FORM:

 

 

                                                           

CITY ATTORNEY SAMUEL S. GOREN

 

 

 

 

                                                                                    ____________________________________

                                                                                    MAYOR JACK BRADY

 

ATTEST:

 

 

                                                                                    ____________________________________

                                                                                    VICE MAYOR RICH MOYLE

 

 

 

____________________________

CITY CLERK C. MILLI DYER