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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 /:!;S\ ~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 I I I -=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. .j I I I lXl H \ ) 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 $5.00 BEING ASSESSED TO YOUR ACCOUNT, PAYMENT NEEDS TO BE RECEIVED WITHIN 20 DAYS FROM THE DATE LOCATED IN THE UPPER LEFT HAND CORNER OF YOUR BILL. ,if .!t~fi · uazo(i;;e~,~:W!a'. Q . I. uaJ" ~t!'~,9$[~^l1f'l~E!~ ~ " ' "J:;"i';~'~~'Jr~;;;;~:~.i>. >1;;,,:>;,:;.'.:; ..,,< Jl~'" . . s:~-~': 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 ff~. ~-'::"''--. "",'" _ '. '" J ~_..,"." .- _". , " "'." ~ ! ':<I' "'_:~\:; "., ~ .,:) I ".f !~; i'CJ" .'.'''' ''1- ;-:....'\1..,. 'I: ~ .' ,;: : ::~l "'t' {,....-::tt l~' ..~,.""c" ' l!\j, ~ ','''T);''!i ,', ,', lei : .'t", 2~!! ~ '~~;;ig~~ ~ \<" ~ "'~ 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 ~""-'-"~'i~ ;;;i.:\.-S~ :~~,.. ,~; .,-,; ~ ':::"~I ro 1"_ ~..~, ~... ~JH Wi'\'f;\~-i,',,:::,:\,~, "~, ,i~, \'i ~..:;1J ,,<,' ~~ ~~ JUN 11 1993 COUNTY ATTY 88539 Overseas Highway Suite 2 Tavernier, Florida 33070 (305) 852-2288 An Equal Opportunity Employer ~,.-.' -,--- Betty Strifler Clerk of the Circuit Court Citrus County vr'" ~c,'- ~~_D o '~.. \..It'- p. l~~' ...p \ 1) \~97 St.. -~""'."'''~ .::- <.ouRr~~ ;~'\"""""C" It..~.....- CUlqc.~<~) If' ,'-" r .. . . . ~~.. .. '. .' "IiI ,"..-~- ,,~~ , '.j;" 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. J11/;itL~ j