HomeMy WebLinkAboutO-2003-011 Extending the Comcast of Florida cable franchise ORDINANCE NO: 2003-011
AN ORDINANCE OF THE CITY OF DANIA BEACH,
FLORIDA, PERTAINING TO CABLE TELEVISION;
EXTENDING THE COMCAST OF FLORIDA CABLE
FRANCHISE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Broward County Ordinance No. 77-21, effective May 10, 1977,
as amended by Ordinance No. 79-5, effective March 5, 1979; Ordinance No. 83-60, effective
September 1, 1983; Ordinance No. 85-7, effective March 5,, 1985; Ordinance No. 85-68,
effective December 2, 1985; and Ordinance No. 88-08, effective February 22, 1988 (collectively,
the "Franchise"), the Broward County Board of Commissioners, Florida, granted a cable
television franchise to Cable TV Fund 14-A/B Venture, doing business as Jones Intercable,
Inc.("Jones"), for certain service areas lying with the unincorporated areas of Broward County;
and
WHEREAS, said Franchise was granted with a termination date of March 31, 2002,
pursuant to Broward County Ordinance No. 88-08; and
WHEREAS, pursuant to Resolution No. 1998-113, adopted on March 3, 1998, the
County approved a transfer and assignment of the Franchise from Jones to Comcast Cablevision
of Broward County, Inc.; and
WHEREAS, pursuant to Resolution No. 2000-1233, adopted on October 24, 2000, the
County approved the transfer of the Franchise from Comcast Cablevision of Broward County,
Inc., to Community Cable Television ("Community"), a Wyoming General Partnership, and a
wholly owned subsidiary of AT&T Corp., doing business locally as AT&T Broadband
("Franchisee"); and
WHEREAS, on September 15, 2001, the City of Dania Beach ("City") annexed into the
City a portion of the service area from unincorporated Broward County; and
WHEREAS, on February 26, 2002 the City Commission of the City of Dania Beach
approved an Assignment Agreement among Broward County, City of Dania Beach, and
Community, whereby the County transferred and assigned to the City its entire rights and
obligations under the Community Franchise for the annexed service area, pursuant to Ordinance
No. 2002-005; and
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ORDINANCE NO. : 2003-011
WHEREAS, on February 26, 2002, the City Commission of the City of Dania Beach
extended the Community Franchise granted by Broward County Ordinance No. 88-08, which
expired on March 31, 2002, to September 30, 2002, pursuant to Ordinance No. 2002-005; and
WHEREAS, on June 25, 2002, the City adopted Ordinance No. 2002-31, approving the
Change of Control Agreement amongst Community, MediaOne of Eastern Michigan and the
City and approved the change of control of the Franchise held by Community from its ultimate
parent company, AT&T Corp., to AT&T Comcast Corporation ("AT&T Comcast"), as a result
of the AT&T Corp. and Comcast Corporation merger; and
WHEREAS, on June 25, 2002, pursuant to Ordinance No. 2002-31, Franchisee agreed to
commence good faith negotiations with the City with respect to the renewal of the Franchise and
agreed to make every effort to reach an agreement on the terms of a renewal within ninety (90)
days of commencement of negotiations. Franchisee and the City are currently negotiating the
terms and conditions of the Franchise renewal; and
WHEREAS, on August 13, 2002, the City adopted Ordinance No. 2002-35 ("Cable
Ordinance"), providing for the issuance and regulation of cable franchises for, and the
installation, construction and operation of Cable Systems within the City; and
WHEREAS, on September 24, 2002, the City Commission of the City of Dania Beach
extended the Franchise, which expired on September 30, 2002, to March 31, 2003, pursuant to
Ordinance No. 2002-041; and
rWHEREAS, on November 19, 2002, AT&T Corp. closed its merger with Comcast
Corporation. As a result, the ultimate parent entity controlling the Franchise changed from
AT&T Corp. to Comcast Corporation, and Comcast Corporation changed the name of the
Franchisee from Community to Comcast of Florida; and
WHEREAS, the City has determined that it would be in the public interest to extend the
term of the Franchise for an additional four (4) month period to afford the City and Franchisee an
opportunity to continue the process of renewal of the Franchise, without affecting either party's
rights or obligations under the existing Franchise, Cable Ordinance, the City's Code, and
applicable State and Federal Law; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. The Franchise, which expires on March 31, 2003, is hereby extended to
July 31, 2003. The City's approval of the Franchise extension herein does not constitute and
shall not be construed to constitute a waiver of any of the City's rights under its Franchise or
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ORDINANCE NO. : 2003-011
other applicable law, including its rights under section 626 of the Cable Act, 47 U.S.C. §546,
with respect to renewal of the Franchise. The City hereby reserves any rights it may have under
the Franchise, the Cable Ordinance and applicable law and the City's failure to enforce or to
compel compliance with any provision of the Franchise or applicable law shall not constitute a
waiver of such provision or of Franchisee's non-compliance.
Section 3. Franchisee shall submit its written consent to the extension of the
Franchise under the terms contained herein, within twenty (20) days of the adopting of this
Ordinance by the City.
Section 4. If any clause, section, or part of this Ordinance shall be held by any Court
of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way affecting the validity of the other provisions of
this Ordinance.
Section 5. This Ordinance 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 first reading on March 12, 2003.
PASSED AND ADOPTED on second reading on March 25, 2003.
APP OV D:
ATTEST:
OB ANTON
Lib�I K W(�,41_�� MAYOR-COMMISSIONER
CHARLENE JO ON
CITY CLERK ROLL CALL:
COMMISSIONER CHUNN YES
APPROVED AS TO FORM COMMISSIONER FLURY YES
AND CORRE THE S: COMMISSIONER MIKES YES
VICE MAYOR MCELYEA YES
MAYOR ANTON YES
THOMA J.�NS RO
CITY ATTORNEY
566020/OrdinanceApprovingFranchiseExtension 2-24-03
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ORDINANCE NO. : 2003-011
s
CITY OF DANIA BEACH
MEMORANDUM
TO: Honorable Mayor and Commissioners, City of Dania Beach
cc: Ivan Pato, City Manager
Thomas J. Ansbro, Esq., City Attorney
FROM: -Gary Resnick, Esq., Office of the City Attorney
Scott A. Robin, Esq., Office of the City Attorney
DATE: March 3, 2003
RE: Ordinance Approving the Extension of the Comcast of Florida
Cable Television Franchise
Enclosed please find a proposed Ordinance approving the extension of the cable
franchise held now by Comcast of Florida ("Comcast"), from March 31, 2003 to July 31,
2003.
On June 25, 2002, the City approved the change of control of the cable franchise held
by Community Cable Television ("Community") from its ultimate parent company, AT&T
Corp., to AT&T Comcast Corporation, pursuant to Resolution No. 2002-31, as a result of the
AT&T Corp. and Comcast Corporation merger. On September 24, 2002, the City approved an
extension of the cable franchise from September 30, 2002 to March 31, 2003. On November
19, 2002, AT&T Corp. closed its merger with Comcast Corporation. As a result, the ultimate
parent entity controlling the Franchise changed from AT&T Corp. to Comcast Corporation and
Comcast subsequently changed the name of the Franchisee from Community to Comcast of
Florida.
At the time of the change of control of the cable franchise, AT&T Broadband was
unable to commit resources for the renewal of the cable franchise.' Subsequently, Comcast
installed a new local executive team, which now has the resources to make commitments for the
cable franchise renewal. We already met with the new local representatives from Comcast on
February 18, 2003 to address the cable franchise renewal. The extension will allow sufficient
time to further negotiate the terms and conditions of the cable franchise renewal including, but
not limited to, upgrading the cable system.
Recommendation
' AT&T Broadband paid $50,000 as part of the transfer for capital support needed by the City.
F:500/566.020/Memos/Memo to Mayor Com RE Comcast Franchise Extension 2-24-03
Mayor and Commissioners
February 24, 2003
Page 2
It is our recommendation that the City Commission approve the proposed Ordinance
extending the cable franchise four-months to July 31, 2003, to provide both parties sufficient
time to negotiate the renewal of the cable franchise.
If you have any questions, please do not hesitate to contact us.
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NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE:
NOTICE IS HEREBY GIVEN that the City Commission of the City. of Dania
Beach, Florida, on March 25, 2003, at 7:00 p.m. or as soon thereafter as the
matter may be heard, will conduct a public hearing in the City Commission
Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard,
Dania Beach, Florida to consider the proposed adoption of the following
Ordinance entitled:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING
TO CABLE TELEVISION; EXTENDING THE COMCAST OF FLORIDA CABLE
FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
A copy of this proposed Ordinance is on file in the Office of the City Clerk, City
Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be
inspected by the public during normal working hours.
Interested parties may appear at the aforesaid meeting and be heard with
respect to the proposed. Any person who decides to appeal any decision made
by the City Commission with respect to any matter considered at this hearing will
® need a record of the proceedings and for such purpose may need to ensure that
a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing
assistance to participate in any of the proceedings should contact Charlene
Johnson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida
33004, (954) 924-3622 at least 48 hours prior to the meeting.
/s/ Charlene Johnson, CMC
City Clerk
Run in Sun Sentinel: March 14, 2003