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HomeMy WebLinkAboutR-2010-007 Supporting CAP Act RESOLUTION NO. 2010-007 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING H.R. 3745, THE FEDERAL COMMUNITY ACCESS PRESERVATION ACT, WHICH ADDRESSES CRITICAL AND IMMEDIATE THREATS TO LOCAL EDUCATIONAL AND GOVERNMENT ACCESS CHANNELS AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE PRESIDENT, THE FLORIDA CONGRESSIONAL DELEGATION, THE FLORIDA LEAGUE OF CITIES AND TO THE NATIONAL LEAGUE OF CITIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,an educational and government access channel ("Access Channel(s)"), such as Channel 78, serves an essential role as a link between the City of Dania Beach, Florida ("City") and its residents; and WHEREAS,the City utilizes the Access Channel to televise City Commission meetings, to communicate with its citizens regarding public meetings, events and services and to provide advisories and preparations to residents for emergency purposes; and WHEREAS, the Access Channel provides a window through which residents can view the diversity of cultures, recreational activities and artistic endeavors in their local community; and WHEREAS, state cable franchising legislation, effective July 1, 2007, threatens the future of Access Channels and the unique local programming available to residents; and WHEREAS, U.S. Representative Tammy Baldwin (WI), filed H.R. 3745, entitled the "Community Access Preservation Act," which addresses such immediate and critical threats to Access Channels; and WHEREAS, the City Commission of the City of Dania Beach supports the passage of H.R. 3745 because, if adopted, the bill requires cable and video service providers to (i) deliver Access Channels to subscribers without additional charges through channels with the same quality, accessibility and placement that is equivalent to local commercial television stations; and (ii) provide ongoing Access Channel support payments equal to the value of Access Channel support the provider historically provided, meaning the City may collect the five (5) years of capital contributions estimated at approximately $50,000.00 under its Cable Franchise Agreement with Comcast, which was eliminated by the recently adopted state franchising legislation; and WHEREAS, for these reasons, the City Commission of the City of Dania Beach supports H.R. 3745 because such proposed legislation is in the best interests of the City and residents, and urges the President and members of Congress to support such proposed legislation; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution upon its adoption. Section 2. The City Commission of the City of Dania Beach supports H.R. 3745. Section 3. The City urges the President and the U.S. Congress to support H.R. 3745 to preserve local educational and government access channels. Section 4. The City Clerk is directed to immediately distribute certified copies of this Resolution to President Obama, the Florida Congressional Delegation, the Florida League of Cities and the National League of Cities. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. This Resolution shall be in full force and take effect immediately upon its passage and adoption by the City Commission of the City of Dania Beach, Florida. PASSED AND ADOPTED on January 12, 2010. ATTEST: LOUISE STILSON, CMC �A Is FIRS)- ANNE CASTRO CITY CLERK ¢Qo — y MAYOR-COMMISSIONER APPROVED AST FO CORRECTNESS: THOMAS J: ANSB O CITY ATTORNEY 2 RESOLUTION#2010-007