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<br /> <br />City of Sunny Isles Beach <br />18070 Collins Avenue, Suite 250 <br />Sunny Isles Beach, Florida 33] 60 <br /> <br />(305) 947-0606 City Hall <br />(305) 949.3 II 3 Fax <br />(305) 947.2150 Building Department <br />(305) 947-5 I 07 Fax <br /> <br />City Commission <br />Norman S. Edelcup. Mayor <br />l.ewis J. Thaler, Vice Mayor <br />Gerry Goodman. Commissioner <br />Roslyn Brezin, ComnllsslOner <br />Oanny Iglesias, CommissIOner <br /> <br />A. John Szerlag. CII)' Manager <br />Hans Ottinot. Cify Attorney <br />.Jane A. Hines. CMC, City Clerk <br /> <br />MEMORANDUM <br /> <br />TO: The Honorable City Commission <br /> <br />FROM: Hans Ottinot, City Attorney <br /> <br />DATE: October 18, 2007 <br /> <br />RE: Proposed Ordinance amending Sections 129-65 and 129-66 of the City Code <br /> <br />RECOMMENDA TION: <br /> <br />This proposed Ordinance amending Sections 129-65 and 129-66 of the Code of the City of <br />Sunny Isles Beach, relating to registration for placing or maintaining communications facilities <br />in public rights-of-way, and the transfer, sale or assignments of assets in public rights-of-way, is <br />presented for your consideration and approval. <br /> <br />REASONS: <br /> <br />This Ordinance is being proposed in conformity with House Bill 529, also referred to as the <br />"Consumer Choice Act of 2007." Effective July 1,2007, local governments such as Sunny Isles <br />Beach will no longer be able to award a new cable franchise for the provision of cable services. <br />within its jurisdiction. Instead, an incumbent cable or non-incumbent cable service provider, is <br />now required to file an application for a state issued certificate of franchising authority with the <br />State. <br /> <br />House Bill 529 continues to provide a role for the City in the regulation of cable service <br />providers, including certain registration and notification requirements, as well as the provision of <br />free Public, Educational and Governmental ("PEG") access channels. <br /> <br />This Ordinance properly amends the City's cable regulations to require cable service providers to <br />register with the City upon the issuance of a state license to provide cable service in the City. It <br />is important to note that the incumbent cable provider, Atlantic Broadband. ("Atlantic") will <br />continue to operate under the existing franchise agreement with the City until the earlier of (I) <br />the expiration of the term of Atlantic's current franchise agreement, or (2) Atlantic's receipt of a <br />statewide cable franchise. <br /> <br />q_B <br />Ll::J 5-01 <br /> <br />Agenda Item <br /> <br />Date <br />