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Ordinance 039-1993 FILE) FOR RECORD '94 FED -2 P3 :48 Monroe County Commission ORDINANCE NO. 039-1993 AN ORDINANCE CREATING SECTION , MONROE COUNTY CODE; CREATING THE MONROE COVNT=TYLECOMMUNICATIONS AUTHORITY; PROVIDING PROCEDURES FOR THE REGULATION OF CABLE TELEVISION RATES AND THE CONSIDERATION AND RESOLUTION OF COMPLAINTS WITH RESPECT TO THE CABLE TELEVISION RATES REGULATED BY THE COUNTY; PROVIDING PROCEDURES FOR THE REVIEW AND RESOLUTION OF COMPLAINTS WITH RESPECT TO CONSUMER SERVICES AND PROTECTIONS PROVIDED BY CABLE TELEVISION SYSTEMS OPERATING WITHIN THE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1 . Sec. of the Monroe County Code, to be entitled "Purpose, " is hereby created as follows : The Monroe County Telecommunications Authority (MCTA) is established as an independent agency of Monroe County to establish and implement policies and procedures , consistent with the provisions of the Cable Television Consumer Protection and Competition Act of 1992 and the rules and Regulations of the Federal Communications Commission to regulate the rates of cable television systems operating within Monroe County and the municipalities therein and to insure maximum efficient and economical programming and services to • the consumers of cable television services within Monroe County. Section 2. Sec._ of the Monroe County Code, to be entitled "Authority, " is hereby created as follows : The MCTA shall have the authority and responsibility to review all requests by cable television systems operating within Monroe County for increases , or other changes , in the rates and fees to be charged to consumers of cable television services within Monroe County to insure that such proposed increases or other changes are reasonable and fair and consistent with applicable federal, state and local laws , rules , regulations , policies and ordinances . The MCTA also shall have the authority and responsibility to receive, review, hear and resolve all public complaints with respect to such existing rates and fees of cable television systems operating within Monroe County and to proposals for increases , or other changes , in such cable television rates and fees . The MCTA also shall have the authority and responsibility to conduct reviews and evaluations of the consumer services and protections provided by cable television systems operating within Monroe County to consumers of cable television services in Monroe County, to receive, review, hear and resolve public complaints with respect to such cable television consumer services and protections and to report and make recommendations with 2 J 1 regard to such consumer cable television services and protections to the cable television franchising authorities within Monroe County. Section 3. Sec. of the Monroe County Code, to be entitled "Membership," is hereby created as follows : The MCTA shall consist of three (3) members , Monroe County, the City of Key West, and the City of Key Colony Beach, each a cable television franchising authority within Monroe County. Each shall appoint one (1) member of the MCTA; provided, however, that in the event other franchising authorities are created within Monroe County, then, such additional franchising authorities shall have the right to appoint a member of the MCTA, and the membership shall increase accordingly. The Chairperson of the MCTA shall be elected from and by the appointed members of the MCTA and shall serve for a term of two (2) years by no member of the MCTA shall serve as Chairperson for more than two (2) consecutive terms . Section 4 . Sec. of the Monroe County Code, to be entitled "Requests for Increases or other Changes in Subscriber Rates and fees by Cable Television Systems, " is hereby created as follows : a. All requests by cable television systems operating within Monroe County for increases or other changes in rates and fees to be charged to consumers of cable television service in Monroe County shall be submitted to the MCTA; provided, however, that should such 3 J 3 ' requests be submitted to an individual cable television franchising authority within Monroe County, then, such authority shall submit such request to the MCTA immediately but in no event more than five (5) calendar days of its receipt of such request. b. Within ten (10) days of its receipt of a request from a cable television system operating in Monroe County for an increase in rates or other fees to be charged to consumers of cable television service within Monroe County, the MCTA shall publish once per week for two weeks in newspapers of general circulation in Monroe County notice of the submission of the requested increase or other changes in the rates and fees charged to consumers of cable television service in Monroe County. The public notice shall give the date of the submission of such request, a summary of the substance of such request and a date certain and place for the filing of written comments and reply comments upon such request and the procedures for the filing of such comments and reply comments which shall include, but not necessarily be limited to requiring that all comments submitted to the MCTA be typewritten or printed in legible handwriting, that four (4) copies of such comments and reply comments be submitted to the MCTA and that all comments and reply comments filed by interested parties and the general public be served upon the requesting cable television system. 4 ' c. Within thirty (30) days of the date for the filing of reply comments as provided for in paragraph (b) of this Sec. , the MCTA shall issue its determination with respect to the requested increase or other changes in the rates and fees to be charged consumers of cable television service in Monroe County. The determination shall be in writing and shall set forth in detail the reasons and bases for the determination. Copies of the MCTA' s determination shall be served upon the requesting cable television system and all interested parties and the members of the general public who filed comments on or before the date certain specified in the MCTA' s public notice. Section 5 . Sec, of the Monroe County Code, to be entitled "Public Complaints , " is hereby created as follows : a. Any cable television consumer, government entity or organization, civic organization or individual member of the general public may file a complaint with the MCTA with respect to the subscriber rates , fees and/or services of cable television systems operating within Monroe County. b. Public complaints shall be filed with the MCTA within thirty (30) days of the events which are the subjects of such complaints . Public complaints not filed within such thirty (30) day time period will not be accepted or considered by the MCTA unless good and sufficient cause is shown for such late filing. 5 c. Public complaints may be dismissed in the event complainants have failed to complete and provide all information required by the MCTA' s complaint form, have failed or refused to cooperate or to participate in any MCTA hearing or other fact-finding proceeding or the complainants have voluntarily withdrawn their complaints . d. Complaints shall be filed on forms prepared by and available from the MCTA and shall contain the name, address , and telephone number of the complainant, or the party on whose behalf the complaint is filed, and shall set forth with specificity the facts and circumstances giving rise to the complaint. The complaint shall be typewritten or hand-printed in a clear and legible manner with an original and four (4) copies being filed with the MCTA. A complaint may be dismissed if the complainant has failed or refused to cooperate or failed to appear at or participate in any duly noticed fact-finding conference or other hearing. The hearing officer may also administratively dismiss the complaint if the complaint is not complete, the complaint is not timely filed, or the complainant has voluntarily withdrawn the complaint. e. Within ten (10) days of receipt of a complaint, the MCTA shall give notice of the filing of such complaint to all parties who are the subject of such complaint or are affected by or directly interested in 6 ' such complaint. All such parties shall be provided ten (10) days from the date of the MCTA' s notice within which to file responsive statements to comments upon such complaint. Responsive statements and comments shall be served upon complainant. Thereafter, the complainant shall have five (5) days to reply to such responsive statements and comments . f. Within twenty (20) days of its receipt of complainant' s reply, the MCTA shall issue its determination with respect to the disposition of the complaint setting forth with specificity the reasons and basis for such disposition. A copy of the MCTA' s determination shall be served upon all parties of the complaint and its disposition. Section 6. Sec, of the Monroe County Code, to be entitled "Reconsideration and Hearing," is hereby created as follows : a. Any party adversely affected by any determination of the MCTA may seek reconsideration of such determination by the MCTA or request that a public hearing be conducted with respect to such determination. b. Requests for reconsideration of a MCTA determination or for a public hearing with regard thereto shall be filed with the MCTA within thirty (30) days of the issuance of such determination. The request for reconsideration or the conduct of a public 7 ' hearing shall set forth with specificity the reasons and bases for such requests . All such requests shall be typewritten or hand-printed in a clear and legible manner. An original and four copies of such requests shall be filed with the MCTA and copies shall be served on all parties to the proceeding of the MCTA which gave rise to the determination of such reconsideration or a public hearing is sought. c. Any interested party upon whom requests for reconsideration or hearing are served shall have ten (10) days from the date upon which service is made in which to file replies or responses to such requests . d. Within thirty (30) days of its receipt of a request for reconsideration or the conduct of a public hearing, the MCTA shall issue its determination disposing of such requests setting forth with specificity the reasons and bases for its determination. Copies of the MCTA' s determination shall be served on all parties to the determination. Parties so served may file written replies or exceptions to the determination within fifteen (15) days after service thereof. The MCTA shall act upon and dispose of such replies or exceptions within twenty (20) days of their filing. Section 7. Sec, of the Monroe County Code, to be entitled "Hearing Procedures , " is hereby created as follows : 8 a. Within thirty (30) days of issuance of a determination to conduct a public hearing, the MCTA shall serve notice of the hearing on the party requesting such hearing and shall publish the notice in a newspaper of general circulation in Monroe County. The notice shall set forth the date, time and place of the hearing and the issues to be considered by the MCTA at such hearing. b. The MCTA, sitting as a panel, may conduct the hearing or at its discretion, may designate a member of the MCTA as the hearing officer; provided, however, that the MCTA as its discretion may designate a non-member of the MCTA to preside as a hearing officer. c. Any party or the hearing officer(s) may call and examine and cross-examine witnesses , introduce documentary and other evidence into the record. Any party offering an exhibit into evidence at a hearing must simultaneously furnish copies of such exhibit to all other parties unless such copies have been previously furnished. d. All testimony at a hearing shall be preserved by tape recording, shorthand, court reporter' s notes , or other device. If a court reporter is desired by any party, that party must retain its own court reporter. e. Parties shall file proposed findings of fact and conclusions of law and, if desired proposed orders , with the hearing officer and, at the discretion of the 9 hearing officer, reply findings of fact and conclusions of law also may be filed by the parties . Copies of all proposed findings of fact and conclusions of law, and, if any, proposed orders , shall be served upon each party to the hearing. f. Time being of the essence in the conduct of the hearing, any motion by a party for a continuance or delay in the commencement or conduct of the hearing shall be granted only upon a showing of good cause. Copies of such motion shall be served upon all parties to the proceeding who shall have five (5) days from receipt of such motion to file oppositions to or comments thereon. g. Any party to a scheduled hearing may file with the hearing officer a written application for issuance of a subpoena, stating the name and address of the person whose attendance is requested and describing the relevance of the testimony of such person to the conduct of the hearing as well as any documents which that person may be requested to provide. Any party requesting a subpoena shall be responsible for its service, which must be made in person or by certified mail, return receipt requested. h. Not less than thirty (30) days nor more than sixty (60) days after the closing of the record and conclusion of the hearing, the hearing officer shall submit a recommendation to the MCTA. The MCTA shall 10 • issue its determination and order to the parties within twenty one (21) days from the date of such submission. In the event the MCTA presides as the hearing panel in any hearing proceeding, the MCTA shall issue its determination and order to the parties within sixty (60) days after the closing of the record and conclusion of such hearing. Section 8. Sec. - of the Monroe County Code, to be entitled "Appeals , " is hereby created as follows : Final determinations of the MCTA with respect to the rates and fees to be charged and services to be provided to consumers of cable television service in Monroe County shall, where federal law provides and is applicable, be appealable to the Federal Communications Commission; provided, however, that in the absence of such applicable federal law, review of the MCTA shall be only by petition for writ of certiorari to the Circuit Court of the State of Florida. Section 9. Sec. - of the Monroe County Code, to be entitled "Evaluation, Compliance and Enforcement, " is hereby created as follows : a. At the request of any franchising authority within Monroe County, the MCTA shall, pursuant to the terms and conditions of the cable television franchise agreement of the requesting franchising authority, conduct an evaluation of the performance of the cable television system operating pursuant to such franchise 11 agreement and the compliance of the cable television system with the terms , conditions and requirements of such cable television system. b. Upon its completion of the evaluation of the performance and review of compliance of cable television systems in Monroe County, as described and provided for in paragraph (a) of this Sec. , the MCTA shall submit to the franchising authority requesting such evaluation and review a written report of the results of its performance evaluation or compliance review and recommendations with respect to the performance and compliance of the cable television system pursuant to the terms and conditions of its franchise agreement. c. The MCTA shall have no authority to impose fines, forfeitures or other punitive measures with respect to the operation of any cable television system operating within Monroe County. The MCTA may, however, in conjunction with its evaluation of the performance and review of compliance of a cable television system, as described and provided for in paragraph (a) of this Sec. , make recommendations to the franchising authority requesting such evaluation or review for the imposition of fines , forfeitures and other punative measures , as provided for in the franchising authority' s cable television franchise agreement, to insure the best possible service to the consumers of 12 cable television service and maximum compliance with the terms , conditions , provisions and requirements of the cable television franchise agreement. Section 10 Non-employee members of the Authority shall be entitled to reimbursement of mileage costs and per-diem expenses for travel to meetings and hearings of the Authority. Section 11 . If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 12. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 13. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 14. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 22nd day of December , A.D. , 1993 . APPROVED AS TO F('r1 Mayor London no GAL SUrF!C,' .• Mayor Pro Tem Cheal yes Commissioner Harvey yes om y's C. Commissioner Freeman yes Commissioner Reich yes , (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MON COUNTY, FLORIDA Bya nC. det,72 By Deputy C erk ayor airman EFFECTIVE DATE viicablei 13 • FLORIDA COUNTY ORDINANCE DATA RETRIEVAL.SYSTEM • CODRS CODING FORM Instructions: Florida's Department of State, Bureau of Administrative Code has developed the County Ordinance Data Retrieval System (CODRS) to facilitate the tracking of County ordinances in Florida's 67 Counties. CODRS' data base is composed of over 25,000 county ordinances enacted since 1974. We request your cooperation in completing this coding form. It is to be completed whenever your county enacts a new ordinance. Simply complete this form and • include it with other pertinent ordinance information that is submitted to the Bureau of Administrative Code. To code this form properly, please refer to the"keyfields' description sheet that has been given to your County Attorneys Office..If you do not have this sheet please contact the Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form as completely as is possible. Thank you for your assistance. Should you need further assistance please contact the Bureau of Administrative Code, Department of State at (904)-488-8427 or Suncom 278-8427. ><: ::::::COUNTY ORDINANCE# =» -€<g:: >:> >>:< : >: c:' IONS:OE ;:.. >: ~<:: >)::::;..:..... ... . ..: (Q9_.,I .. . . COUNTY :( ._.- . --- :... ..... . ..... ..... PRIIltARY. .:.::;...: . .. 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I. .11 stall '' are ry oa ad ODE:NUMBER: :'`: :< < : : ::: :::><:'>:.::.,.::_ : ,.---- o�ct:useotrt: ::::>: ':>::::::COUNTY..0. ... .: :..:..:.. .(._..:):.. :....::.;:.....: :;;::.:::.. : ::;:::»<::;;::<:::::::<::<:::::;::<::>. ::>:< ::<:::>::: »::.> ;:;:;::::;: FIEID 2.CODE::;<>;::: <.> r.:'..7.::.- :::: )::: . >:::::::::::::.::::.. : FIELD-3`CODE:: ` :; -...-< ><::::>' ::>> _:): '' : `. .:. • .....::...:... 5 . • <=4counir.0 ti_41 • �'�• Culp. OG • r�V•• GF4 9� V; N 110 41t.1:44 Z;;;•FAO/ Aiartnp IL. 1aott age BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305)289-6027 KEY WEST, FLORIDA 33040 TEL. (305)852-7145 TEL. (305)292-3550 February 3, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED) Mrs. Liz Cloud Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, FL 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 039-1993, creating Section , Monroe County Code; Creating the Monroe County Teleconununications Authority; Providing for procedures for the regulation of Cable Television Rates and the consideration and resolution of complaints with respect to the Cable Television Rates regulated by the County; Providing procedures for the review and resolution of complaints with respect to Consumer Services and Protections ,provided by Cable Television Systems operating within the County; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 22, 1993. Please file for record. Danny L. Kolhage ;, Clerk of Circuit Court IF, i I and ex officio Clerk to the Board of County Commissioners !'I � � I lir "la ,- • ! 1 . ! ! I • .„.:_. , I By: Isabel C.DeSantis a.. Deputy Clerk 1 1 cc: Municipal Code Corporation County Conunission County Administrator County Attorney . 1 1 ii , 1 I 1 , 1 I I i 1 I PS Form 3800,June 1991 I -0 2.-I C/DO gm cn 0 -0 40 _„.59. F b - 2, _Po'R g R `.`'".'. 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'..,•••-If :1.130N3S a OF 4147 4.i • wad,' .i r'OD WE S� FLORIDA DEPARTMENT OF STATE Jim Smith, Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building Tallahassee, Florida 32399-0250 (904) 488-8427 February 7 , 1994 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. De Santis, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes, this will acknowledge your letter of February 3 , 1994 , and a certified copy of Monroe County Ordinance No. 93-39, which was filed in this office on February 7, 1994 . Since ely, Liz Cloud, ief Bureau of Administrative Code LC/mb t , ,ONPdG14 ? W(li,, d' �Z� £ 0 l 933 fib. MUNICIPAL CODE CORPORATION 11.—__ _ � 'Supplement Department --�H.1 te '; y = ==�. ---' PO Box 2235 vNee 61�Ct,.— o U r E1 > I�.S.PUSIAG� Tallahassee, Fl 32316-2235 FEBI4'94 ��.% 1 I. Supplement 51 02/11'94 FLP' 28.s"'E zia, We have received the following material. Thank you for your assistance and cooperation. Ordinance U . 039-1993. TO: Ms. Isabel C. DeSantis Deputy Clerk . Monroe County PO Box 1980 Key West, FL 33040 . 1-800-262-CODE (National) KIT . • h IIIirll,IIIItlltIIIflhI.I;IIII1Cl:I,1Iili1s1I,+lmil,.,i,1Im NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, December 22, 1993 , at 3 : 00 p.m. at the Key Colony Beach City Hall, Key Colony Beach, ;'Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1993 AN ORDINANCE CREATING SECTION , MONROE COUNTY CODE; CREATING THE MONROE COUNTYCOU=TELECOMMUNICATIONS AUTHORITY; PROVIDING PROCEDURES FOR THE REGULATION OF CABLE TELEVISION RATES AND THE CONSIDERATION AND RESOLUTION. OF COMPLAINTS WITH RESPECT TO THE CABLE TELEVISION RATES REGULATED BY THE COUNTY; PROVIDING PROCEDURES FOR THE REVIEW AND RESOLUTION OF COMPLAINTS WITH RESPECT TO CONSUMER SERVICES AND PROTECTIONS PROVIDED BY CABLE TELEVISION SYSTEMS OPERATING WITHIN THE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY _ CODE; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286. 0105 , Florida Statutes , notice is given that if a person decided to appeal any decision made by _the Board with respect to any matter considered at such hearing or meeting, he will need a record of the proceedings , and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the • above-referenced.:ordinance are available for review at the various public libraries '_in Monroe County, Florida. DATED at Key West, Florida, this 30th day of November, 1993. DANNY L. KOLHAGE iHGli Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida L 17: ON QSEEE1) �6. G dO J d J0 • Monroe County Commission ORDINANCE NO. -1993 AN ORDINANCE CREATING SECTION , MONROE COUNTY CODE ; CREATING THE MONROE COUNTY "TELECOMMUNICATIONS AUTHORITY; PROVIDING PROCEDURES FOR THE REGULATION OF CABLE TELEVISION RATES AND THE CONSIDERATION AND RESOLUTION OF COMPLAINTS WITH RESPECT TO THE CABLE TELEVISION RATES REGULATED BY THE COUNTY; PROVIDING PROCEDURES FOR THE REVIEW AND RESOLUTION OF COMPLAINTS WITH RESPECT TO CONSUMER SERVICES AND PROTECTIONS PROVIDED BY CABLE TELEVISION SYSTEMS OPERATING WITHIN THE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE ; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1 . Sec. of the Monroe County Code, to be entitled "Purpose, " is hereby created as follows : The Monroe County Telecommunications Authority (MCTA) is established as an independent agency of Monroe County to establish ;and implement policies and procedures , consistent with the provisions of the Cable Television Consumer Protection and Competition Act of 1992 and the rules and Regulations of the Federal Communications Commission to regulate the rates of cable television systems operating within Monroe County and the municipalities therein and to insure maximum efficient and economical programming and services to the consumers of cable television services within Monroe County. Section 2 . Sec. of the . Monroe County Code, to be entitled "Authority," is hereby created as follows : The MCTA shall have the authority and responsibility to review all requests by cable television systems operating within Monroe County for increases , or other changes , in the rates and fees to be charged to consumers of cable television services within Monroe County to insure that such proposed increases or other changes are reasonable and fair and consistent with applicable federal, state and local laws , rules , regulations , policies and ordinances . The MCTA also shall have the authority and responsibility to receive, review, hear and resolve all public complaints with respect to such existing rates and fees of cable television systems operating within Monroe County and to proposals for increases , or other changes , in such cable television rates and fees . The MCTA also shall have the authority and responsibility to conduct reviews and evaluations of the consumer services and protections provided by cable television systems operating within Monroe County to consumers of cable television services in. Monroe County, to receive, review, hear and resolve public complaints with respect to such cable television consumer services and protections and to report and make recommendations with 2 • regard to such consumer cable television services and protections to the cable television franchising authorities within Monroe County. Section 3. Sec. of the Monroe County Code, to be entitled "Membership, " is hereby created as follows : The MCTA shall consist of three (3) members . Each cable television franchising authority within Monroe County shall appoint one (1) member of the MCTA; provided, however, that in the event there be more than three (3) franchising authorities within Monroe County, then, such additional franchising authorities shall have the right to appoint a member of the MCTA. The Chairperson of the MCTA shall be elected from and by the appointed members of the MCTA and shall serve for a term of two (2) years by no member of the MCTA shall serve as Chairperson for more than two (2) consecutive terms . Section 4. Sec. of the Monroe County Code, to be entitled "Requests for Increases or. other Changes in Subscriber -- Rates and fees by Cable Television Systems , " is hereby created as follows : a. All requests by cable television systems operating within Monroe County for increases or other changes in rates and fees to be charged to consumers of cable television service in Monroe County shall be submitted to the MCTA; provided, however, that should such requests be submitted to an individual cable television 3 . franchising authority within Monroe County, then, such authority shall submit such request to the MCTA immediately but in no event more than five (5) calendar days of its receipt of such request. b. Within ten (10) days of its receipt of a request from a cable television system operating in Monroe County for an increase in rates or other fees to be charged to consumers of cable television service within Monroe County, the MCTA shall publish once per week for two weeks in newspapers of general circulation in Monroe County notice of the submission of the requested increase or other changes in the rates and fees charged to consumers of cable television service in Monroe County. The public notice shall give the date of the submission of such request, a summary of the substance of such request and a date certain and place for the filing of written comments and reply comments upon such request and the procedures for the filing of such comments and reply comments which shall include, but not necessarily be limited to requiring that all comments submitted to the MCTA be typewritten or printed in legible handwriting, that four (4) copies of such comments and reply comments be submitted to the MCTA and that all comments and reply comments filed by interested parties and the general public be served upon the requesting cable television system. 4 c. Within thirty (30) days of the date for the filing of reply comments as provided for in paragraph (b) of this Sec ._, the MCTA shall issue its determination with respect to the requested increase or other changes in the rates and fees to be charged consumers of cable television service in Monroe County. The determination shall be in writing and shall set forth in detail the reasons and bases for the determination. Copies of the MCTA' s determination shall be served upon the requesting cable television system and all interested parties and the members of the general public who filed comments on or before the date certain specified in the MCTA' s public notice. Section 5 . Sec. of the Monroe County Code, to be entitled "Public Complaints ," is hereby created as follows : a. Any cable television consumer, government entity or organization, civic organization or individual member of the general public may file a complaint with the MCTA with respect to the ' subscriber rates, fees and/or services of cable television systems operating within Monroe County. b. Public complaints shall be filed with the MCTA within thirty (30) days of ''the events which are the subjects of such complaints . Public complaints not filed within such thirty (30) day time period will not be accepted or considered by the MCTA unless good and sufficient cause is shown for such late filing. 5 c. Public complaints may be dismissed in the event complainants have failed to complete and • provide all information required by the MCTA' s complaint form, have failed or refused to cooperate or to participate in any MCTA hearing or other fact-finding proceeding or the complainants have voluntarily withdrawn their complaints . d. Complaints shall be filed on forms prepared by and available from the MCTA and shall contain the name, address , and telephone number of the complainant, or the party on whose behalf the complaint is filed, and shall set forth with specificity the facts and circumstances giving rise to the complaint. The complaint shall be typewritten or hand-printed in a clear and legible manner with an original and four (4) copies being filed with the MCTA. A complaint may be dismissed if the complainant has failed or refused to cooperate or failed to appear at or participate in any duly noticed fact-finding conference or other hearing. The hearing officer may also administratively dismiss the complaint if the complaint• is not complete, the complaint is not timely filed, or the complainant has voluntarily withdrawn the complaint. e. Within ten (10) days of receipt of a complaint, the MCTA shall give notice of the filing of such complaint to all parties who are the subject of such complaint or are affected by or directly interested in 6 • such complaint . All such parties shall be provided ten (10) days from the date of the MCTA' s notice within which to file responsive statements to comments upon such complaint. Responsive statements and comments shall be served upon complainant. Thereafter, the complainant shall have five (5) days to reply to such responsive statements and comments . f. Within twenty (20) days of its receipt of complainant ' s reply, the MCTA shall issue its determination with respect to the disposition of the complaint setting forth with specificity the reasons and basis for such disposition. A copy of the MCTA' s determination shall be served upon all parties of the complaint and its disposition. Section 6. Sec. of the Monroe County Code, to be entitled "Reconsideration and Hearing," is hereby created as follows : a. Any party adversely affected by any determination of the MCTA may seek reconsideration of such determination by the MCTA or request that a public hearing be conducted with respect to such determination. • b. Requests for reconsideration of a MCTA determination or for a public hearing with regard thereto shall be filed with the MCTA within thirty (30) days of the issuance of such determination. The request for reconsideration or the conduct of a public 7 11111 hearing shall set forth with specificity the reasons and bases for such requests . All such requests shall be typewritten or hand-printed in •a clear and legible manner. An original and four copies of such requests shall be filed with the MCTA and copies shall be served on all parties to the proceeding of the MCTA which gave rise to the determination of such reconsideration or a public hearing is sought. c. Any interested party upon whom requests for reconsideration or hearing are served shall have ten (10) days from the date upon which service is made in which to file replies or responses to such requests . d. Within thirty (30) days of its receipt of a request for reconsideration or the conduct of a public hearing, the MCTA shall issue its determination disposing of such requests setting forth with specificity the reasons and bases for its determination. Copies of the MCTA' s determination shall be served on all parties to the determination. Parties so served may file written replies or exceptions to the determination within fifteen (15) days after service thereof. The MCTA shall act upon and dispose of such replies or exceptions within twenty (20) days of their filing. Section 7. Sec. of the Monroe County Code, to be entitled "Hearing Procedures , " is hereby created as follows : 8 a. Within thirty (30) days of issuance of a determination to conduct a public hearing, the MCTA shall serve notice of the hearing on the party requesting such hearing and shall publish the notice in a newspaper of general circulation in Monroe County. The notice shall set forth the date, time and place of the hearing and the issues to be considered by the MCTA at such hearing. b. The MCTA, sitting as a panel, may conduct the hearing or at its discretion, may designate a member of the MCTA as the hearing officer ; provided, however, that the MCTA as its discretion may designate a non-member of the MCTA to preside as a hearing officer. c. Any party or the hearing officer(s) may call and examine and cross-examine witnesses , introduce documentary and other evidence into the record. Any party offering an exhibit into evidence at a hearing - must simultaneously furnish copies of such exhibit to all other parties unless such copies have been previously furnished. d. All testimony at a .hearl_nk. shall be preserved by tape recording, shorthand, court reporter' s notes , or other device. If a court reporter is desired by any party, that party must retain its own court reporter. e. Parties shall file proposed findings of fact and conclusions of law and, if desired proposed orders , with the hearing officer and, at the discretion of the 9 hearing officer, reply findings of fact and conclusions of law also may be filed by the parties . Copies of all proposed findings of fact and conclusions of law, and, if any, proposed orders , shall be served upon each party to the hearing. f. Time being of the essence in the conduct of the hearing, any motion by a party for a continuance or delay in the commencement or conduct of the hearing shall be granted only upon a showing of good cause. Copies of such motion shall be served upon all parties to the proceeding who shall have five (5) days from receipt of such motion to file oppositions to or comments thereon. g. Any party to a scheduled hearing may file with the hearing officer a written application for issuance of a subpoena, stating the name and address of the person whose attendance is requested and describing the relevance of the testimony of such person to the conduct of the hearing as well as any documents which that person may be requested to provide. Any party requesting a subpoena shall be responsible for its service, which must be made in person or by certified mail, return receipt requested. h. Not less than thirty (30) days nor more than sixty (60) days after the closing of the record and conclusion of the hearing, the hearing officer shall submit a recommendation to the MCTA. The MCTA shall 10 issue its determination and order to the parties within twenty one (21) days from the date of such. submission: In the event the MCTA presides as the hearing panel in any hearing proceeding, the MCTA shall issue its determination and order to the parties within sixty (60) days after the closing of the record and conclusion of such hearing. Section 8. Sec. of the Monroe County Code, to be entitled "Appeals , " is hereby created as follows : Final determinations of the MCTA with respect to the rates and fees to be charged and services to be provided to consumers of cable television service in Monroe County shall, where federal law provides and is applicable, be appealable to the Federal Communications Commission; provided, however, that in the absence of such applicable federal law, review of the MCTA shall be only by petition for writ of certiorari to the Circuit Court of the State of Florida. Section 9. Sec. of the Monroe County Code, to be entitled "Evaluation, Compliance and Enforcement, " is hereby created as follows : a. At the request of any franchising authority within Monroe County, the MCTA shall, pursuant to the terms and conditions of the cable television franchise agreement of the requesting franchising authority, conduct an evaluation of the performance of the cable television system operating pursuant to such franchise • 11 agreement and the compliance of the cable television system with the terms , conditions and requirements of such cable television system. b. Upon its completion of the evaluation of the performance and review of compliance of cable television systems in Monroe County, as described and provided for in paragraph (a) of this Sec . , the MCTA shall submit to the franchising authority requesting such evaluation and review a written report of the results of its performance evaluation or compliance review and recommendations with respect to the performance and compliance of the cable television system pursuant to the terms and conditions of its franchise agreement. c. The MCTA shall have no authority to impose fines , forfeitures or other punative measures with respect to the operation of any cable television system operating within Monroe County. The MCTA may, however, in conjunction with its evaluation of the performance and review of compliance of a cable television system, as described and provided for in paragraph (a) of this Sec. , make recommendations' to the franchising authority requesting such evaluation or review for the imposition of fines , forfeitures and other punative measures , as provided for in the franchising authority' s cable television franchise agreement, to insure the best possible service to the consumers of 12 cable television service and maximum compliance with the terms , conditions , provisions and requirements of the cable television franchise agreement. Section 10 . If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 11 . All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 12. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 13 . This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , A.D. , 1993. Mayor London Mayor Pro Tem Cheal Commissioner Harvey Commissioner Freeman : Commissioner Reich (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK ' OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor iMairman EFFECTIVE DATE viicablei 13 NOTICE OF INTENPTON TO CONSIDER ADOPTION OF C �RDINANCE NOTICE IS HEREBY GIVEN 1 iIOM IT MAY CONCERN • that on Wednesday,December 22;Tyy� -;. :00 p.m.at the Key Colony ' 1111117‘ 4 Beach City Hall,Key Colony Beach,Monroe County,Florida, the Board of County ComrrlissionersofMonroe County,Florida,intends to consider the adoption of the following County ordinance: ORDINANCE NO. 1993 AN ORDINANCE CREATING SECTION ROE COUNTY CODE;CREATING THE MONROE COU 'MLN- j COMMUNICATIONS AUTHORITY; PROVIDING PROCEDUJRF�S FOR THE REG ULATION OF CABLE TELEVISION RATES A ND TTiE CONSIDERATION AND RESOLUTION OF COMPLAINTS WITH S� RESPECT TO THE CABLE TELEVISION RATE REGULATED BY rs THE COUNTY; PROVIDING PROCEDURES FOR THE REVIEW AND RESOLUTION OF COMPLAIN TS WITIi RESpE�TO CON- DAGNY WOLFF SUMER SERVICES AND PRO• TECTIONS PROVIDED BY CABLE TELE VISION SYSTEMS OPERATING WITHIN THE COUNTY.PRO- Editor&Publisher VIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. " Pursuant to Section 286.0105,Florida Statutes,notice is given that if II a person decided to appeal any decision made by the Board with respect to PROOF OF PUBLICATION 1 any matter considered at such hearing or meeting,he will need a record of ' the proceedings,and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. STATE OF FLORIDA ) Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County,Florida.COUNTY OF MONROE ) DATED at Key West,Florida,this 30th day of November,1993. Before the undersigned authoritypersonallyappeared_ DANNYtheL KOLHAGE g PP Clerk of Circuit Court ,who on oath,says that she is_ED and ex officio Clerk of the of THE REPORTER, a weekly newspaper published at Ta' Board of County Commissioners that the attached copy of advertisement,being a LEGAL of Monroe County,Florida Published:12/9 and 12/16/93 IN THE MATTER OF_NOTICE OF INTENTION _ The ter TaverniReporer,FL 33070 IN THE Court,was published in sai newspaper in the issues of 12/9 AND 12/16/93 . ---_ -_ , Affiant further says that the said REPORTER is a newspaper published - at Tavernier,in said Monroe County,Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,Florida, each week(on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier,in said County of Monroe,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm,person, or -T, corporation any discount,rebate,commission or refund for the purpose of securing E __ this said advertisement for publication in the said newspaper. 171 / J. NJ W/ , SEAL T ,' ' ir SWORN TO AND SUBSCRI BEFORE ME THIS l,J r. _16TH_DAY OF_DECEMBER_A.D.,1993_ AL-11_6.e /0 /-a -C..- NOTARY PUBLIC tVViAk4 moil.,..; sIAls C:r 1•60k6JA Ai LAtttia MY COMMISSION EXPIIM:03Is11b1faISM FXPlufis P&9i1UARY A9,1993 SOMDSO TMPU AG&NI'S NO1ARYAU tICSRA@8 NOTICE OF•INTENTION TO CON- 1 ' 'SIDER w ADOPTION OF COUNTY ', ORIINANCE — • 'NOTICE IS HEREBY GIVEN TOE ' -. { .e Key West Citizen . WHOM•IT MAY CONCERN that on Wednesday, December 22, 1993, t 13:00 pm. at Key Colony Beach City published Daily Hall, Key Colony Beach, Monroe _ County, Florida,the Board of County <°-:, West, Monroe Count Florida 33040 ' Commissioners of Monroe County,-_- 'y3'i ,�.. • Florida, intends to consider the �A -_ o .� W - adoption of the following County or-- ,_ cp ,-, R� dinances: o o .. ORDINANCENO.-1993 m = AN ORDINANCE CREATING SEC-- _ A . TION, MONROE COUNTY CODE;' - :;DOE: o< N CREATIMG THE MONROE " _.:; c Co T COUNTY TELECOMMUCICATIONS - -;£ z ^' AUTHORITY; PROVIDEING. PRO- �,_ frt-h0 Oi]^oath 1 CEDURES FOR THE REGULATION ;rsigned authority personally appeared Randy Egckson, ,-.3 • OF CABLE TELEVISION RATES 'rt'sin Mana manager of The KeyWest Citizen, a dail news a *published AND THE CONSIDERATION AND g g y p p RESOLUTION OF COMPLAINTS ,roe County, Florida;that the attached copy of the advertisement, being WITH RESPECT TO -THE CABLE _ TELEVISION. REATES REGU- ING P O THE COUNTY; PROVIDTHEcoM _ „ u, \ 1 (\ n l\ee/ 0/r-e { ',^ S n� i��� ING PROCEDURES FOR THE RE- -:- , C ll, \-}'l r l t' `"t I VIEW AND RESOLUTION OF-COM- PLAINTS WITH RESPECT TO CON- ,t SUMER SERVICES AND PROTEC> - TIONS PROVIDED BY CABLE _ .S TELEVISION SYSTEMS OPERAT court, was published in said newspaper in the ING WITHIN THE COUNTY; PRO- VIDING FOR SERVERABILITY; PROVIDING FOR REPEAL OF ALL - v 3 -\.- i 1 q ail 3 ORDINANCES INCONSISTENT -` ' HEREWITH; PROVIDING FOR IN- •- • CORPATION INTO THE MONROE _. . COUNTY CODE; AND PROVIDING _ AN EFFECTIVE DATE. S that the said The Key West Citizen is a newspaper published at Key Pursuant a Sections give 05,that if ar- > County, Florida, and that the said newspaper has heretofore been ida Statutes, notice is given if a ° y person decided to appeal any deci -'ed in said Monroe County, Florida, each day (except Saturdays and sion made by the Board with respect . . to any matter considered at such . hd has been entered as second-class mail matter at the post office in hearing or meeting, he will need-a - _ . record of the proceedings, and that, ?nroe County, Florida, for a period of 1 year next preceding the first for such purpose,he may need to en-- _cache sure that a verbatim record of the copy d of advertisement; and affiant further says that he has proceedings is made, which record - .ised any person,firm or corporation any discount, rebate, commission includes the testimony and evidence _ upon which the appeal is to be _ rpose of securing this advertisement for publication in the said based. Copies of the above-referenced ordi= _- nance are available for review at the _-:1 various public libraries in Monroe :„1 -- County,County,Florida. Dated at Key West, Florida this 30th "tai-pixjxl____ day of November, 1993. - 'j DANNYL.KOLHAGE_ (Signature of Affiant) ,Clerk of the Circuit Court and ex officio Clerk of the -•: , Board of County Commissioners i of Monroe County,Florida ,_,bed before me thisO day of , 1993. December 3&10, 1993 �.. ' "ter-•"/ --1, Pe/1412/.. • gnature of Notary Public) ?O;? 1 a a7rL C STATE OF FLORIDA . SEAL MY COMMISSION EX .'sUG.15,e9 5 BONE/ED-a=CMkTER LINE.1.1i.:D• Bette J. Push (Name of Notary Public) Expires: Personally Known or Produced Identification • Type of Identification Produced • r.I GOIa OF PUBLICATION r . THE FLORIDA KEYS KEYNOTER FILED F OF E..„CI P Published Twice Weekly MARATHON, MONROE COUNTY, FLOR �AAN -6 8 :30 STATE OF FLORIDA ) D .N,N COUNTY OF MONROE) tr' � R I. • MONROE COUNTY. FL.t, Before the undersigned authority personally appeared MARY LOU SOLLBERGER who on oath, says that she is . FINANCIAL DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; - no.91'19600 that the attached copy of advertisement, being a NOTICE I TOCONSIDERA NTIO N ._ . - OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO O OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE 1993 WHon OM IT MAY CONCERN December that 1993,at 3:00 p.m. at the Key PROVIDING PROCEDURES FOR THE REGULATION OF CABLE TELEVISION RATES I n22 y Bea h;Be Monroech City Co,Key Colo- da Beach;Monroe my Co, mis- I Flori- da,the Board of County ty Flo( Commis- sioners of Monroe County,Flori- da;intends to consider the adop- was published in said newspaper in the issues of Dec. 4 & 11,1993. I tionofthefollowingCountyordi- nance: ORDINANCE NO.1993 • AN ORDINANCE CREATING SECTION , MONROE Alliant further says that the said FLORIDA KEYS KEYNOTER is a news- I COUNTY CODE; PROVIDING PROCEDURES FOR THE REGUz paper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said RATES AND THF E. CONSIDER. COMPLAINTS D RWITTHURESPECT newspaper has heretofore been continuously published in said MONROE TO OOrE3 RE CABLE TELEVISIONREGULATED E COUNTY, FLORIDA, twice,each week (on Wednesday andSaturday) andhas COUNTY- PROVIDING PROCE- DURES FOR THE REVIEW AND REbeen entered as second class mail matter at the post office in MARATHON, I WITH LUTION TO COMPLAINTS SERVICES ANTDTPROOT'EECTIONS ELEVI- in said MONROE-COUNTY FLORIDA, for aperiod of one year next precedingPROVIDEDISYSTEMS CABLE RATING SIGN OPERATING I, WITHIN THE COUNTY,_'PROVID- ING FOR SEVERABILI : PRO- the first publication of the attached copy of advertisement; and affiant fur- -VIDDII G FOR R PEAL F ALL ENT HEREWITH;PROVIDING FOR IN- ther says that she has neither paid nor promised any person, firm, or cor- CORPORATIONINTOTHEMON- ROE COUNTY CODE;AND PRO- poration any discount; rebate, commission or refund for the purpose of VIDINGAN EFFECTIVE DATE. . Pursuant to Section 286.0105 securingthis advertisement forpublication in the said news a er. SEAL Florida Statutes, notice is given P P ) that if a person decided to appeal any decision made by the Board respect to any matter con- aidered at such hearing or meet- • ing,he will need a record of the Proceedings, end that,for such purpose,he may need to ensure that a verbatim record of the pro- ceedings is made, which record • includes the testimony and.evi-I . - dense upon which the appeal is to be based. _ a . i- Copies of the-abov&refe`rencedi or mane are available for review) at the various public libraries in /,� Monroe County,Florida. ��7� �/� ./'�%J/� DATED at Key West,Florida,this ( 30th day of December,1993. DANNYL.KOLHAGE ' Clerk of the Circuit Court Board of County CoomCml issio^er$ - of Monroe County,Florida, SWORN TO D SUBSCRIB.E BEFO ME THIS 18TH DAY OF DECEMBER A.D. 1993 Publish:h:DeKeyc.4&11.1993 j CALL CLASSIFIED 743-5551 4...-L-, I JON-ERIC EATON NOTARY My Comm Exp. 5/27/97 PUel.lc : Bonded By service Ins CIF of f.O4 No. CC290087 I]Personally Known I]Other I.D.