Miscellaneous Information
OK~~E!Y ~O~~3~~E
(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
MA YOR. Wilhelmina Harvey, District 1
Mayor Pro Tem, Jack London. Distnct 2
Douglas Jones, Distnct 3
A Earl Cheal, District 4
John Stormont, Distnct 5
Thomas W. Brown G
County Administration Office ~
Public Service Building, Wing ;
Stock Island ./"
Key West, Florida 33040
January 22, 1992
Mr. Allan Goodson
State Manager
TCI Cablevision of Florida, Inc.
2701 South Ridgewood Avenue
Suite E-1
South Daytona, Florida 32119
RE: Monroe County Renewal of Cable Television Franchise
of TCI Cablevision of Florida, Inc.
Dear Mr. Goodson,
Following our meeting of December 17, 1991, I obtained
certain information which raises very serious questions as
to the good faith and credibility of TCI Cablevision of
Florida, Inc. (TCI) in the on-going negotiations for
renewal of its cable television franchise from Monroe
County (County) and which reflect adversely on TCI's
qualifications to be a franchisee of the County.
During our discussions, it was your firm position that
TCI, pursuant to Section 35 (A) of the proposed franchise
agreement, be permitted to identify in its monthly
statements to its subscribers residing in the County any
franchise fee which the County imposes upon the Company.
You also stated that it was TCI's firm position that the
cost of any County imposed franchise fee would be directly
passed through to the Company's subscribers in the County.
Only through our own independent examination of
TCI's monthly bills to its subscribers throughout the
County did I learn that TCI has not adhered to the
positions you stated with respect to the franchise fees
imposed upon the Company pursuant to its agreements with
the cities of Key West and Key Colony Beach. I strongly
believe that in the spirit of good faith negotiationp and
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~y
RECYCLED PAPER
Mr. Allan Goodson
January 21, 1992
Page Two
cooperation, you were obligated to corne forward with this
information. Certainly, and at the very least, I feel that
you were obligated to explain and justify the disparate
treatment TCI proposed to afford the County and the cites
of Key West and Key Colony Beach.
Public records indicate that the cities of Key West
and Key Colony Beach commenced imposing franchise fees on
TCI in 1988 and 1982, respectively. Our examination of
TCI's statements to its subscribers in those communities
reveals that the franchise fees imposed by them are neither
indicated or otherwise identified in the Company's bills.
Similarly, since our examination of TCI's statements
reveals that its subscribers in the cities of Key West and
Key Colony Beach are paying the same rates and charges as
its subscribers residing in the County, it only can be
concluded that the costs of the franchise fees imposed upon
TCI by the cities of Key West and Key Colony Beach are not
being passed through to its subscribers in those
communities but is being absorbed by the Company and paid
from its operating revenues.
If TCI has not and does not deem it necessary to
identify in its statements to subscribers in Key West and
Key Colony Beach the franchise fees imposed upon the
Company by those municipalities or to pass through the
costs of the fees to its subscribers in those communities,
there is no perceptible reason to depart frqm this
procedure with regard to any franchise fee impos~d by the
County in the event TCI's franchise is renewed.
Certainly, the County will not agree to such discriminatory
treatment.
Of greater concern and most disturbing to the County
is that TCI's past and present billing procedures have
resulted in those Company subscribers residing in the
County unknowingly and unfairly Subsidizing the Company's
franchise fee payments to the cities of Key West and Key
Colony Beach. The amount of this inequitable subsidy has
been considerable and TCI's subscribers in the County have
not received commensurate benefits in return.
TCI, as shown above, has not and does not speciifically
pass through to its subscribers in the cities of ~ey West
and Key Colony Beach the franchise fees imposed ~pon the
Company by those municipalities. Rather these fees are
Mr. Allan Goodson
January 21, 1992
Page Three
paid from the Company's overall operating revenues.
Obviously, then, the revenues derived by TCI fram all its
subscribers, including those living in the County, are
being used to defray the costs of these municipal franchise
fees. Approximately one-half of all TCI subscriberls reside
in the County. It follows, therefore, that these
subscribers generate approximately one-half of the
Company's revenues and, thus, have paid for approximately
one-half of the franchise fees remitted by TCI to the
cities of Key West and Key Colony Beach.
I have been informed that from 1988 to 1991, TCI has
paid to the city of Key West franchise fees totaling some
$399,529.57 and that from 1982 to 1990 the City of Key
Colony Beach received from TCI franchise fees amounting to
approximately $40,476.00. Thus these two municipalities
have received from TCI franchise fee payments totalling a
little over $440,000.00. Of this amount, TCI's subscribers
in the County have in effect and in fact subsidized the
payment of one-half, that is some $220,000.00. These
figures probably do not include all of TCI's franchise fees
for 1991 which will be paid to the cities of Key West and
Key Colony Beach in 1992. When these payments are
considered, the subsidy of municipal franchise fees being
paid by TCI's subscribers in the County could exceed
$300,000 even if the amount of these franchise fees has not
increased over those paid in 1991, an unlikely prospect
given TCI's increase in rates and subscribers.
In view of all of the above disclosures, it now is the
County's firm and non-negotiable position that:
(1) It will not agree to any provision in
proposed franchise agreement which permits
identification of any County franchise fee in
statements to subscribers residing in the County
pass through of any such County franchise fee to
subscribers;
the
the
TCI's
or the
those
(2) The immediate termination of those Tel billing
practices which result in the Company's subscribers
residing in the County unfairly and unknowingly subisidizing
TCI's franchise fee payments to the cities of Key West and
Key Colony Beach;
Mr. Allan Goodson
January 21, 1992
Page Four
(3) TCI remit to the County that portion of the
franchise fees paid and/or owed to the cities of Key West
and Key Colony Beach, including those not yet remitted by
TCI for the years 1991 and 1992, subsidized by the revenues
generated from the Company's subscribers residing in the
County (estimated to be between $250,000 and $325,000).
TCI's compliance with the
as the County foregoing any
requests which it may have or
with regard to the renewal
franchise.
above is not to be construed
negotiating positions or
raise in further discussions
of TCI's cable television
I would request that you contact me at your earliest
convenience so that we may discuss the matters in this
letter and proceed with the negotiating process.
;:-~ ~
County Administrator
TWB:twb
cc: Mayor Harvey & Commissioners
County Attorney
Clerk of Courts
Martin Firestone, Esquire
DATE AND TIME:
1/3/92
2:05PM
PAGE ONE OF A ONE PAGE TRANSMISSION
M-488
KIKORANDUK
TO:
TOM BROWN, COUNTY ADMINISTRATOR
PATI L. GREEN, EXECUTIVE ASSISTANT, CITY MANAGE~~
JANUARY 3, 1992
FROM:
DATE:
SUBJECT:
Tel rRANCHISE rEES TO CITY O~ KEY WEST
Below please find the franchise fees paid to the City of Key West
from TeI for the years 1988 through 1991.
I apologize tor the delay in qettinq this information to you in a
timely manner.
Franchise Fees paid in 1988 $ 70,010.95
Franchise Fees paid in 1989 $ 67,232.03
Franchise Fees paid in 1990 $ 93,643.74
Franchise Fees paid in 1991 $168,642.85
. ..
TCI CABLEVISION "OF' FL, INC
P.O.BOX 740117
ATLANTA,GA'50574-0117
..
1715 LAIRD ST
~EY WEST FL 55040-5515
...
67'SS200100960b6000bO?23
CAll 1-800-277-6555 OR 296-6572
FOR CUSTOMER INQUIRY/SERVICE/REPAIR
OFFICE HOURS' 8-6 MON-FRI, 9-5 SAT.
PREVIOUS BALANCE
12/05 PAYMENT - THANK YOU
BASIC SERVICE
EXPANDED BASIC
ADDITIONAL ADPRESS CON V
. ~ ADDR~SSABLE REMOTE
CABLE GUIDE
HBO/SHOWTIMElCINEMAX
SALES ,TAX
AMOUNT
59.17
59.17 CR
19.95
2.55
5.00
6.00
0.50
22.95
3.97 '
$60 . 72
o
**AMOUNT DUE**
".,_r.
---. -.--.---- --._- -- -
-.- - -----<.......-. ---< -' ---.. -. - -. -
-.~:-:---.-:-.- ----.---
-
DECEMBER 18 ARE NOT INCLUDED IN THIS STATEMENT
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-=1
L
59.17j 56.751! 0.001"-: .~:OO!~! 5.197 ;=,
AN AMOUNT FOLLOWED BY A (CR) IS A CREDIT OR A CREDIT BALANCE
TO AVOID A LATE FEE OF $5.00 BEING ASSESSED TO YOUR ACCOUNT,
PAYMENT NEEDS TO BE RECEIVED WITHIN 20 DAYS FROM THE DATE
LOCATED IN THE UPPER LEFT HAND CORNER OF YOUR BIll.
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CALL 1-800-277-6555 OR 296-6572
FOR CUSTOMER INQUIRY/SERVICE/REPAIR
OFFICE HOURS: 8-6 MON-FRI. 9-5 SAT.
k/~ We.ST
8795 52 002 0006697 JANUARY 01. 1992
-
I PREVIOUS BALANCE
12/02 PAYMENT - THANK YOU
BASIC SERVICE
EXPANDED BASIC
NON-ADDRESSABLE CONVERTR
ENCORE
ADDRESSABLE REMOTE
SALES TAX
-
SERVICE/ TRANSACllON DESCRIPTION', ,>
JANUARY 31. 1992 I ON RECEIF
. .
**AMOUNT DUE**
28.73
28.73 C
19.95
2.35
2.00
1. 00
3.00
1. 98
$30.28
I
PAYMENTS RECEIVED AFTER DECEMBER 18 ARE NOT INCLUDED IN THIS STATEMENT
28.73. 28.30 i I 0.00 0.00 1.98
AN AMOUNT FOLLOWED BY A (CRl IS A CREDIT OR A CREDIT BALANCE
TO AVOID A LATE FEE OF $5.00 BEING ASSESSED TO YOUR ACCOUNT,
PAYMENT NEEDS TO BE RECEIVED WITHIN 20 DAYS FROM THE DATE
LOCATED IN THE UPPER LEFT HAND CORNER OF YOUR BILL.
CALL 1-800-277-6555 OR 296-6572
FOR CUSTOMER INQUIRY/SERVICE/REPAIR
OFFICE HOURS: 8-6 MON-FRI, 9-5 SAT.
FOR
SERVICE
AT:
160 lo'AHOO LN
SUGARLO,AF KEY FL 33044
PREVIOUS BALANCE
12/05 PAYMENT - THANK YOU
BASIC SERVICE
EXPANDED BASIC
HBO/SHOWTIME/CINEMAX/ENC
ADDRESSABLE REMOTE
SALES TAX
**AMOUNT DlJE**
51.15
51.15 (
19.95
2.35
23.95
3.00
3.45
$52.70
51.15 49.25 0.00 O.OO! -I 3.45 1=
AN AMOUNT FOLLOWED BY A (CRl IS A CREDIT OR A CREDIT BALANCE
TO AVOID A LATE FEE OF $5.00 BEING ASSESSED TO YOUR ACCOUNT,
PAYMENT NEEDS TO BE RECEIVED WITHIN 20 DAYS FROM THE DATE
LOCATED IN THE UPPER LEFT HAND CORNER OF YOUR BILL.
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Part of Your Cash Stays Right
at Home.
Much of the money you pay for cable TV stays
right here in your own community: salaries for our
employees, purchases of local goods and services,
rents and leases on local property, and the "franchise
fee." We pay franchise fees to most communities
to use city streets, alleys and rights-of-way. We
keep no portion of these fees-100% of the
franchise fees we receive ooes to city treasuries "
where they are used for a wide variety of purposes.
Next time you pay your cable TV bill, please
take a moment to think about all you get. And how
little it really costs. Meanwhile, we're doing all we
can to make cable television programming even
better. And give you a wider variety, and greater
value, for every thin dime you spend.
Maintenance Isn't Cheap Either.
Cable television is a high-tech operation involving
satellites, dishes, amplifiers, modulators, receivers,
and mile after mile of cable lines. It's our responsibility
to make sure that you get quality reception, the
most reliable operation, the latest technologies,
and the best customer service. All of this requires
a substantial investment. But, by far, our most
important investment is in people. People right
here in your area who make our organization
work. We continually invest in salaries, benefits
and training for our staff, your neighbors, so we
can provide the best possible cable TV service.
It's an investment that goes right back into your
community.
Programming, rates or service may change.
We will notify you in advance of any changes.
We're taking television
into tomorrow.
",
SM~ Tel SOUTH EAST. INC.
March 10, 1993
City of Momoe
Attention: Deputy Clerk
5100 College Road
Public Service Building. Wing II
Stock Island
Key West, Florida 33040
RE: Franchise Renewal Agreement between the City of Momoe and
TCI Cablevision of Florida. Inc.
Dear Sir/Madam:
The undersigned, TCI Cablevision of Florida, Inc., does hereby accept the Franchise
Renewal Agreement. also known as The Momoe County Cable Communications Franchise
Renewal Agreement. dated January, 1993, and does hereby agree that it will comply with and
abide by all of the provisions. terms and conditions of the franchise. subject to applicable federal.
state and local law .
Please have the appropriate official acknowledge receipt of this acceptance by signing ./
and dating in the space provided below and returning two copies of such acceptance.
Sincerely,
Sworn to and subscribed
before me this ~ day
~114.J. ' .1993.
(..f)'~
_ i JISSION EX'."'JANUARY 23. 1996
TCI CABLEVISION OF FLORIDA. INC.
cX;~114/VL
D.F. Bryan C
Vice- President
Chief Operating Officer
Acceptance received and acknowledged
thiS~f ~ .1993
by G.~
DFB/jds
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APR 12 1993
2204 Wakeshore Drive
Suite 325
Post Oiffice Box 59865 (Zip 35259-0865)
Birmingham, AL 35209-6732
(205) 871-0044
FAX (205) 871-0091
COUNTY ATTY
An Equal Opportunity Employer
We're taking television
into tomorrow.
SM. TCI Cablevision of Florida, Inc.
June 4, 1993
Captain Tom Brown
Public Service BId.
5825 Junior College
Key West, FL 33040
Wing IV
Rd.
Re: Modified Form of Agreement
Dear Captain Brown:
Enclosed please find three (3) modified forms of Agreement between TCI
Cablevision of Florida, Inc., and Monroe County that need to be fully-
executed.
Once the Agreements are fully-executed, please send two Agreements to
my attention at our Key West office for our files.
/
If you have any questions, please give me a call at (305) 294-0992.
Sincerely,
INC.
li'
Greg
Area
Enclosures
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JUN 11 1993
COUNTY ATTY
88539 Overseas Highway
Suite 2
Tavernier, Florida 33070
(305) 852-2288
An Equal Opportunity Employer
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Betty Strifler
Clerk of the Circuit Court
Citrus County
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110 North Apopka Avenue. Room 101, Inverness, Florida 34450-4299 - Telephone: (352) 637-9410
ATTN: DIRECTOR OF FINANCE
We are reviewing out contracts with the cable companies and request'
information as to how your county processes payments and late charges.
1. What is your cable franchise fee . 5" ~ 0+ 0.9\1'\",,1 jrdSS N.JtV'&.Ul...
2. How do the cable companies pay? (circle one)
3. How many days do you allow ~ast the due date for remission?
iJ 1St. Sr~'~ t'f.Q(
,'.
4. If the payment is late, what is your late fee and do you charge
a penalty as, well?
INTEREST
,J~lIt~
rJOlo\~
No"t.~
LATE CHARGE
PENALTY
5. HOW MANY YEARS IS THE FRANCHISE CONTRACT FOR?
is
6. COMMENTS
Clerk of the County Court - County Recorder - County Auditor - Clerk to the Board of County Commissioners
PAGE -2-
Thank you for your assistance. If you have any questions, or would
like a copy of the results, please advise.
Sincerely,
~~
Director of Audit Services
FAX 352-637-9491
PHONE 352-637-9448
E-MAIL c1erkis@xtalwind.net
Josephine Parker, CMC
City Clerk
THE CITY OF KEY WEST
P. o. BOX 1409
KEY WEST, FLORIDA 33041 - 1409
525 Angela Street
(305) 292-8193
Fax 292-8133
March 20, 1998
Mr. James L. Roberts
Monroe County Administrator
5100 College Road, Room 212
Key West, Florida 33040
Dear Mr. Roberts:
Enclosed is a copy of Resolution No. 98-124, appointing Mayor Sheila K. Mullins as the City's
Representative to the Monroe County Telecommunications Authority, passed and adopted by the
City Commission at a regular Meeting March 17th, 1998,
JP/mhv
ccl-652
Enclosure
cc: Sally Smith, Telecommunication Recording Secretary
Commission on Ethics
Key to the Caribbean - Average yearly temperature 770 F.
:,
.
RESOLUTION NO. 98-124
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPOINTING MAYOR
SHEILA K. MULLINS AS THE CITY'S REPRESENTATIVE
TO THE MONROE COUNTY TELECOMMUNICATIONS
AUTHORITY; PROVIDING FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1: That Mayor Sheila K. Mullins is hereby appointed to
the Monroe County Telecommunications Authority.
Section 2: That this~ Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City commission at a meeting held
this
17th
day of
March
I 1998.
Authenticated by the presiding off icer and Clerk of the
commission on
March 18th
, 1998.
Filed with the Clerk M.l'lTr-h 1 qrh
, 1998.
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