MEMORANDUM City of St. Petersburg, Florida

Transcription

1 MEMORANDUM City of St. Petersburg, Florida TO : FROM : RE : The Honorable Chair and Members of the City Council Mayor Rick Baker M. A. Galbraith, Jr., Assistant City Attorney E. Eugene Webb, Ph.D., Manager, ITS, SPPD Proposed amendments to Ordinance 507-G relating to use of rights-of-way by cable companies DATE : April 27, 2007 In November of 2001, the City Council adopted Ordinance 507-G to establish registration requirements and other conditions for the use of rights of way by communications service providers. This ordinance implemented certain provisions of the Communications Services Tax Simplification Law, Title XIV, Chapter 202, Fla. Stat. When Ordinance 507-G was adopted, the Communications Services Tax Simplification Law left the in-kind services section of the federal cable franchising law (Cable Act of 1984, as amended) in place. The federal law provided the basis for educational and government access channels and their funding by cable operators through local cable franchises. As business conditions and technology have changed, there has been a continuing effort in Florida, and the entire country, to move all cable franchising authority to the state level. Legislation under consideration in the 2007 Florida Legislature would remove franchising authority from local jurisdictions and could place educational access channels and government access channels, and government access channel funding, at risk. While it appears that pending changes to the proposed bills under discussion in Tallahassee may remedy this situation, we are recommending that City Council adopt the provisions set forth in the attached proposed amendment to Ordinance 507-G. Because all of the City's cable franchises will expire in 2009, a "grandfathering" of local cable franchises would not provide much protection for the City. We feel this approach will offer the City the best opportunity for continuity in the provision of educational and government access and funding for government access channels. Copies : Tish Elston, City Administrator John C. Wolfe, City Attorney Mark A. Winn, Chief Assistant City Attorney Eva Andujar, City Clerk

2 ORDINANCE AN ORDINANCE OF THE CITY OF ST. PETERSBURG, FLORIDA, RELATING TO CABLE SYSTEMS AND OPEN VIDEO SYSTEMS IN THE PUBLIC RIGHT OF WAY ; AMENDING SECTION (l)(b) OF THE CITY CODE OF ORDINANCES TO DEFINE "CABLE SERVICE;" AMENDING SECTION OF THE CITY CODE OF ORDINANCES TO REQUIRE REGISTRATION OF CABLE AND VIDEO SERVICE PROVIDERS ; TO PROVIDE FOR CABLE AND VIDEO SERVICES FOR PUBLIC FACILITIES ; AND TO IMPOSE OTHER REQUIREMENTS FOR GOVERNMENTAL AND EDUCATIONAL ACCESS CHANNELS ; PROVIDING FOR SEVERABILITY ; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF ST. PETERSBURG, FLORIDA, DOES ORDAIN : Section 1. Paragraph (b) of Subsection (1) of Section of the St. Petersburg City Code is hereby amended by adding a new definition to read as follows : Sec Words and Definitions. (1) Definitions. (b) As used in this article, the following words and phrases shall have the following meanings ascribed to them respectively, regardless of whether or not the words and phrases are capitalized : "Cable Services" means as defined by Section , Florida Statutes, as the same may be amended from time to time. Section 2. Section of the St. Petersburg City Code is hereby amended to read as follows : Sec Requirements for Cable Systems and Open Video Systems. (1) Certificate of Registration required. 1

3 (a) No Person or Firm shall construct or operate a Cable System or Open Video System which occupies the Right-of-Way within the City without having been issued a Certificate of Registration by the POD, except cable television operators operating pursuant to a cable television franchise in effect as of December 6, 2001, the effective date of Ordinance 507-G, which adopted this Article. (b) A Person or Firm operating a Cable System or Open Video System under a Franchise or Open Video Agreement as of December 6, 2001, the off0etive date of this Article is not required to obtain a Certificate of Registration unless and until the time that such Franchise or Open Video Agreement is renewed or transferred to another entity, or the Franchise or Agreement expires or is terminated by operation of law under such circumstances that the Person or Firm may continue operating the Cable System or Open Video System with certification by the State of Florida, without a franchise from, or agreement with, the City. (2) Use of Right-of-Way ; compliance with this Article. Each Person or Firm operating a Cable System or Open Video System, each Cable Service Provider, and each Open Video System Provider shall comply with the provisions of this Article relating to the placement and maintenance of communications facilities in the Right-of-Way. (3) Franchises and Registration for Cable Systems Required. No person or firm shall construct or operate a Cable System which occupies the Right-of-Way within the City without having obtained a Franchise which has been approved by City Council to the extent allowed by Florida law or, if required by Florida law, proper authorization by certification from the Florida Department of State. Franchises, to the extent allowed by Florida law, will be negotiated pursuant to The Cable Television Act of 1984, as amended. Cable Service provided by a Cable System within the Right-of-Way, whether authorized by franchise or b certification from the Florida Department of State, will require Registration in the same manner as is required of Communications Service Providers pursuant to and in accordance with this section, to be approved by the City Council. (4) Agreements for Open Video Systems required. No person or firm shall construct or operate an Open Video System which occupies the Right-of-Way within the City without having obtained an Open Video Agreement which has been approved by City Council to the extent allowed by Florida law or, if required by Florida law, proper authorization b certification from the Florida Department of State. Open Video Agreements, to the extent allowed by Florida law, will be negotiated pursuant to The Cable Television Act of 1984, as amended. Open Video Service provided by a Cable System within the Right-of-Way, whether authorized by franchise or by certification from the Florida Department of State, will require Registration in the same manner as is required of Communications Service Providers pursuant to and in accordance with this section, to be approved by the City Council. (5) Provision of Cable and Video Services for Public Facilities. Each Cable System operator, Open Video System Provider and Cable Services Provider shall, when requested by the City, provide, as a minimum, a single cable service outlet, without cost or 2

4 charge for installation or for service, when its activated lines have been extended to within 500 feet of any of the following if located within the corporate limits of the City : All public, private, and parochial schools ; all public libraries ; all City-owned recreational buildings ; City Hall and the Municipal Service Center ; City police station and substations ; Pinellas Count sheriff's substations ; fire stations of the City or any other public firefighting agency ; the Airport Terminal ; the Public Works Building ; and any other buildings owned b the City and used by the City for municipal purposes. The cable service or video service provided pursuant to this section shall include, at a minimum, the basic service tier and programming service tier as well as any equipment required to provide those service tiers. (6) Provision of Governmental Access Channels. Each Cable Service Provider and each Open Video Service Provider shall designate one governmental access channel on the Cable System, located in the channel line up where 100% of the Provider's customers or subscribers have access. Upon request by the City for a governmental access channel, the Provider will provide and maintain a feed path (up to 1000 feet) and the necessary equipment at the Provider's head end and at the City video distribution point to acquire and distribute the City's governmental access channel to basic all subscribers in the City's incorporated area. This channel shall be designated for governmental access purposes only and not for commercial purposes or non-governmental noncommercial purposes, and shall not contain advertising for commercial products other than those products or services that ma be offered for sale by the City. Provided, that a solicitation for funds and an announcement of funding supporters for specific programs by the City shall not be considered a violation of this subsection. The City will maintain sole editorial control of the use of the governmental access channel. (a) Any provision by a Cable Service Provider or Open Video Service Provider of a governmental access channel and utilization by the City of the governmental access channel shall be in accordance with all applicable federal, state, and local laws. (b) No Cable Service Provider and no Open Video Service Provider shall be required to provide a governmental access channel unless and until so requested by the City. Prior to a request from the City to provide a governmental access channel, the Cable Service Provider and Open Video Service Provider may utilize the unused governmental access channel capacity for commercial or noncommercial purposes. (c) The Cable Service Provider and Open Video Service Provider shall have the right to use any governmental access channel capacity which has been expressly abandoned b the City. In the alternative, abandonment shall be deemed to have occurred if the City, for other than technical reasons, shall fail to provide at least twenty (20) hours of programming in a sixty (60) consecutive day period. Abandonment of the governmental access channel capacity shall not preclude the City from subsequently requesting a governmental access channel, and in the event of such request, the Provider shall provide governmental access channel capacity. (d) Unused channel capacity or air time on any channel allocated to the City for air 3

5 time may be used by the Cable Service Provider or Open Video Service Provider if: (1) The City agrees to such use in writing ; and (2) the Provider and the City agree in writing to the schedule of such use. (7) Funding for Governmental Access Channels. Cable Service Providers and Open Video Service Providers shall remit to the City a fee in an amount to be determined b resolution adopted by the City Council, which amount shall not exceed an amount equal to one dollar $1.00) per month per subscriber or customer located within the corporate limits of the City when cable services or video programming services (as defined by (13), Florida Statutes) are purchased by the subscriber or customer, based upon the Provider's books and records. The fee shall be remitted monthly to the City. These funds shall be used only for the operational and capital expenses associated with the City's government access channel and programming production. The City Council may subsequently adopt by resolution amendments to the fee requirements for governmental access channels that are not inconsistent with Florida and federal law. (8) Provision of Educational Access Channels. Cable Service and Open Video Service Providers shall provide two educational channels at no charge for the transmission of local educational programming. Such educational access channels are to be located in the channel line up of the service Provider where 100% of the Provider's customers or subscribers have access. The City may elect to establish, in conjunction with the Cable Service Provider or Open Video Service Provider, rules and regulations for use of the educational channels. (a) Capacity on the educational channels may be used by the Cable Service Provider and Open Video Service Provider when it is not being used for educational purposes. (b) Unused channel capacity or air time on the educational access channel or other channels allocated to the City for air time may be used by the Cable Service Provider or Open Video Service Provider if: (1) The City agrees to such use in writing ; and (2) the Provider and the City agree in writing to the schedule of such use. (9) Cable System Interoperability. All Cable Service Providers and Open Video Service Providers are encouraged to cooperate with surrounding cable and video service companies in the formulation of a City/County-wide network for the purpose of emergency communications services and the dissemination of information that ma be of interest to all citizens of the Pinellas County. Section 3. Severability. The provisions of this ordinance shall be deemed to be severable. If any provision of this ordinance is deemed unconstitutional or otherwise invalid, such determination shall not affect the validity of any other provision of this ordinance. Section 4. Effective Date. If this ordinance is not vetoed by the Mayor, it shall become effective upon the sixth business day after adoption unless the Mayor notifies the City Council through notice filed with the City Clerk that the Mayor will not veto the ordinance, in 4

6 which case the ordinance shall take effect immediately upon filing such notice with the City Clerk. If this ordinance is vetoed by the Mayor, it shall not become effective unless and until the City Council overrides the veto, in which case it shall become effective immediately upon a successful vote to override the veto. REVIEWED AND APPROVED AS TO DEPARTMENT : FORM AND CORRECTNESS : City Attorney/Designee 5