CITY OF HALLANDALE BEACH

MEMORANDUM

DATE:                                    January 20, 2010

TO:                             D. Mike Good, City Manager

FROM:                        Mayor Joy Cooper

SUBJECT:                 Resolution Supporting HR 3745

The City uses its Access Channel 78, to televise City Commission meetings; to communicate with the citizens regarding public meetings, events and services; and to provide advisories and preparations to residents for emergency purposes. The Access Channel also provides a window through which residents can view the diversity of cultures, recreational activities and artistic endeavors in their local community. However, state cable franchising legislation, section 610.109(6) provides that a cable or video service provider may locate any public, educational, or governmental access channel on its lowest digital tier of service offered to the provider's subscribers.

Representative Tammy Baldwin (WI) filed H.R. 3745, entitled the “Community Access Preservation Act,” which addresses the critical and immediate threats to Access Channels. If adopted, the Bill would require cable and video service providers to deliver Access Channels to subscribers without additional charges through channels with the same quality, accessibility and placement equivalent to local commercial television stations on the lowest service tier available, which was eliminated by the recently adopted state franchising legislation.

The proposed Resolution supports H.R. 3745 and urges members of Congress and the President to support this Bill to preserve local educational and government access channels and maintain their availability to subscribers on the lowest service tier. The proposed Resolution authorizes the City Clerk to forward this Resolution to the President of the United States, Florida Congressional Delegation, the Florida League of Cities and the National League of Cities.

The distinction between lowest digital tier sanctioned by State law, and the lowest service tier proposed by Congress, is that new cable providers providing video services may place local government channels on higher numbered channels using a separate delivery system that is menu activated and overly cumbersome, similar to a selection one would make for an HBO movie, and the subscriber may even have to pay for it. In addition, the signal delivered over this system may be of a lower video resolution creating a viewing experience of lesser quality, than the ordinary commercial channels offered at no cost, such as the local news that offers a higher quality at no cost. If H.R. 3745 is adopted, the Bill would require cable and video service providers to deliver access channels to subscribers without additional charges through channels with the same quality, accessibility and placement equivalent to local commercial television stations on the lowest service tier available.

The proposed Resolution supports H.R. 3745 and urges members of Congress and the President to support this Bill to preserve local educational and government access channels and maintain their availability to subscribers on the lowest service tier. The proposed Resolution authorizes the City Clerk to forward this Resolution to the President, Florida Congressional Delegation, the Florida League of Cities and the National League of Cities.

I encourage the City Commission adopt a resolution supporting HR 3745 that would support the legislature which addresses the critical and immediate threats to Access Channels.

Please place this item on the February 3, 2010 agenda for consideration by the City Commission.