Reso 2007-1113 - Laserfiche WebLink

Home Browse Search

... OF SUN City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Lewis J. Thaler, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM TO: Alyce Hanson, Administrative Senrices Director FROM: DATE: Patricia SaintViI-Joseph, Deputy City Attorney fa January 30,2007 RE: Commercial Advertising on SIBTV You have asked the City Attorney to advise whether the City may air commercial advertising and/or sponsors on the City's public access network or post same on the City's internet website. PURPOSE & USE OF PUBLIC TV / WEBSITE Public, Educational or Governmental Access Channels ("PEG Channels") are not mandated by federal law, rather they are a right granted to local franchising authorities, such as the City. PEG Channels are available for use by the general public, not for private use. The governing rules of these PEG channels are a byproduct of negotiated tenns often outlined in a franchise agreement. In accordance with the applicable franchise agreements, local franchise authorities or cable operators may adopt non-content-based rules governing the use of PEG Channels. However, the general guidelines adopted by many local franchising authorities, such as Miami-Dade County, are to prohibit any advertising which promotes the sale of any commercial products or services. RECOMMENDA TION Unless such right is specifically granted in the franchise agreement with the cable provider, it does not appear the City may air commercial advertising on the City's public access network or the City's website. My review of the existing franchise agreement does not reveal such authority was granted to the City. By allowing private entities to get the benefit of "free" advertising on the PEG Channels, the City would in fact be giving an appearance of unfair competition with the cable provider. Attached for your review and reference is a copy of the Miami-Dade Television Guidelines which specifically prohibit commercial advertising from its approved programming. Thus, I recommend the City uses the Miami-Dade TV policy as a baseline when drafting its TV policy and refrain from promoting commercial advertising on the City's PEG Channel.