PASCO COUNTY, FLORIDA

INTEROFFICE MEMORANDUM

____________________________________________________________________________

TO: Honorable Chairman and DATE: 07/24/02 FILE: CAO02-0527

Members of the Board of

County Commissioners

SUBJECT: Pasco County Cable Television Ordinance – Continued Final Public Hearing (07-30-02 at 9:30 a.m. – NPR)

FROM: Barbara L. Wilhite REFERENCES: CAO02-0515 (07-16-02; 9:30

Chief Assistant County Attorney a.m. – DC)

____________________________________________________________________________

It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.

DESCRIPTION AND CONDITIONS:

Please find before you for your consideration and final public hearing a revised proposed Pasco County Cable Television Ordinance. After the first public hearing was held on July 16, 2002, Time Warner submitted proposed modifications and/or additions to the ordinance. On July 19, 2002, John Gallagher, myself, and Gary Resnick, our outside cable counsel, held a six hour telephone conference with representatives of Time Warner and Shaw (and their counsel). During the meeting, we reviewed every page of the ordinance and discussed each of Time Warner’s and Shaw’s requested modifications. As a result of this meeting, portions of the ordinance were revised to reflect agreement between the County and Time Warner and, where no agreement was reached between the County and Time Warner, those sections of the ordinance remain as originally written. A red-line version of the ordinance showing changes made after the meeting with Time Warner and Shaw is attached hereto.

As anticipated, Time Warner has submitted paperwork to transfer both of its franchises to Advance/Newhouse. However, the transfer paperwork was not submitted in accordance with the transfer provisions of this new ordinance as required by the Board in its motion to continue consideration of the new ordinance and agreed to by Time Warner at the Board meeting on July 16, 2002. Instead of submitting the paperwork and checks for transfer application fees in the amount of $15,000.00 ($7,500.00 for each franchise of the two franchises to be transferred) to the Chairman and County Administrator as required by the new ordinance, Time Warner submitted the paperwork to the Clerk to the Board who has no authority under the new or current ordinance to receive the paperwork. The paperwork was accompanied by two checks in the amount of $2,500.00 each.

ALTERNATIVES AND ANALYSIS:

1. Adopt the Pasco County Cable Television Ordinance.

2. Do not adopt the Pasco County Cable Television Ordinance.

3. Direct revisions to the Pasco County Cable Television Ordinance.

RECOMMENDATIONS AND FUNDING:

The County Attorney’s Office, with the concurrence of the County’s consultant, Gary Resnick, Esq., and the County Administrator, recommends that the Board of County Commissioners adopt the attached Pasco County Cable Television Ordinance, direct Board Records to file a certified copy of the ordinance and accompanying coding form with the Department of State within ten (10) days after adoption, retain the original ordinance, and send one (1) certified copy of the ordinance to the County Attorney’s Office in New Port Richey; and one (1) copy to Gary Resnick, Esq., Weiss, Serota, Helfman, Pastoriza & Guedes, P.A., 3107 Stirling Road, Suite 300, Fort Lauderdale, Florida 33312.

ATTACHMENT:

Revised Pasco County Cable Television Ordinance

cc: Michael Nurrenbrock, Director, Office of Management and Budget (w/attachment)

Debra M. Zampetti, Director, Zoning/Code Compliance Administrator (w/attachment)