2005-109 Opposes S. Bill 1504 Broadband Investment/Consumer Choice ActRESOLUTION NO. 109-2005
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, EXPRESSING OPPOSITION TO SENATE BILL 1504 KNOWN AS
THE "BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" (S. 1504),
URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM
OF SUPPORT OR CO-SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION
TO S. 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE
FLORIDA CONGRESSIONAL DELEGATION, OTHER MEMBERS OF CONGRESS AS
DEEMED APPROPRIATE, AND THE PRESIDENT OF THE UNITED STATES; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 2, 2005, Senators John Ensign and John McCain introduced the
Broadband Investment and Consumer Choice Act of 2005 (S. 1504); and
WHEREAS, the Village Council of the Village of North Palm Beach, Florida, opposes the
passage of S. 1504 because:
The bill would preempt all local authority over the provision of cable and video services
within the community, including the ability of the local government to provide
appropriate oversight to entities conducting business within their jurisdiction and in the
local public rights-of--way;
The Village's negotiated contract with its cable operator would be abrogated under the
terms of the bill;
The bill would substitute a new compensation methodology lowering the existing
franchise fee and replacing it with a fee, or in the State of Florida, the cable component of
the Communications Services Tax, which must be justified as being "reasonable" in the
eyes of the user, limited to management costs (which denies the rights of the property
owner to obtain fair and reasonable compensation for the use of public property for
private gain), and not in excess of 5%;
These requirements and restrictions would result in the creation of a subsidy to the cable
and telecommunications industries; at the expense of the Village taxpayers;
The bill would substantially reduce the amount of capacity which may be required by
local governments to meet their public, educational and government ("PEG") access
needs, while stripping the Village of the ability to obtain capital support for the use of
PEG capacity -part of the bargain contained within the Village's negotiated franchise
• agreement -with the result that the community's cable-related needs and interests would
not be met;
The bill would deprive local citizens of the ability to address local issues locally, by
• removing to the state all customer service issues, and further by denying consumers any
form of recourse for any actions of a communications provider;
The bill would eliminate any build-out requirements for any video service provider,
thereby allowing providers to discriminate based on the wealth of the local
neighborhoods they choose to serve;
The bill would preempt any state or local law that is not generally applicable to all
businesses, thereby potentially preempting any law applicable to only certain classes of
businesses, such as utilities and rights-of--way users (such as requiring undergrounding of
facilities and ensuring electric code compliance);
The bill would prohibit the Village from imposing any fee for issuance ofrights-of--way
construction permits yet would require the Village to act on requests for permits in a
timely manner as determined by the FCC, thereby insinuating inappropriate federal
government involvement in the basic day-to-day management of local rights-of way;
The bill would prohibit municipalities and their utilities from providing communications
services without giving a right of first refusal to private industry, and would then grant
industry unfettered access to all municipal facilities and financing in the event private
industry chooses to provide services;
The bill would deprive the Village of the authority to establish and maintain government
owned and operated networks, known as institutional networks, that may be utilized by
first responders and other government officials in the day-to-day management of the
Village's business.
The bill would permit broadened preemption of local zoning decisions relating to the
placement of cell towers, depriving the Village of the authority to ensure that such towers
are safely and appropriately located in areas to provide the greatest degree of services
without unnecessarily posing a hazard to the public health, safety and welfare; and
The bill would eliminate the protection the Village currently has against liability for
damages and attorneys fees in lawsuits brought by communication service providers
against local governments, a type of litigation that the bill would seem to invite service
providers to bring.
WHEREAS, for these reasons, the Village Council finds that it should oppose 5.1504 and urges
the Florida Congressional Delegation and other members of Congress to oppose S. 1504; and
WHEREAS, the Village Council finds that this Resolution should be forwarded to the Florida
Congressional Delegation, other members of Congress as deemed appropriate, and to the
President of the United States.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, declares its
opposition to S. 1504 and urges the Florida Congressional Delegation and all other members of
Congress to oppose S. 1504.
Section 2. The Village Council hereby directs that this Resolution be forwarded immediately
to the Florida Congressional Delegation, other members of Congress as deemed appropriate, and
to the President of the United States.
Section 3. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2005.
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VILLAGE CLERK
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