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TO: Board of DATE: April 30, 1982 FILE: County Commissioners Cable Television Licensing SUBJECT: ordinance --Letter of B. T. Cooksey to G. M. Brandenburg 4/23/82 (Numbered paragraphs below correspond to paragraphs in above referenced letter.) FROM: Gary M. Brandenburg REFERENCES: County Attorney 1. I would recommend adoption of the provision providing for a longer license period to read as follows; "The license shall be for a period of up to twenty years and shall be non-exclusive and may contain provisions for renewal for additional periods." . 2. I agree with the suggestion and recommend that the last sen- tence of Section 5B Article III read as follows; "When channels are available in the system, the county may require the company to provide one local orgination channel to serve all governmental bodies within the county and provide free public access when and under such circum- stances as may be reasonably required by the county." The second suggestion provides for.a limitation on the fran- chise fee making the fee only applicable to basic service revenues. The law allows counties to require license fees of up to 5%, in certain circumstances, on all revenue. 3. This suggestion only has merit if the County Commission concurs with the previous suggestion of limiting the application of the franchise fee to basic revenues. If the County Commission does _ concur with this suggestion, I feel that it can be better accomplished merely by redefining gross revenues in the defini- tion section. 4. I agree that the County Commission can only regulate basic ser- vice rates and installation charges and that the language in this section should be modified to. accomplish that end. Whether or not the Commission wants to incorporate a rate indexing provision is a totally discretionary decision of the Commission. 5. The provision regarding a four hour response time has proven to be successful and capable of being complied with by companies in'other Florida counties that have a much larger subscriber base than exists in Indian River County. Whether the County Commission desires to relax this provisio-n is also a totally discretionary decision. The provision regarding refunds for break in service is also a discretionary matter to be determined by the County Commission. I have no difficulty with the suggestion that the licensee be able to bill monthly, bi-monthly or yearly to certain subscribers. Mr. Cooksey's suggestions and enclosed letters from the FCC Council for Florida Cablevision have been very helpful. I believe the ordinance.as written with the above referenced changes meets all the requirements of law. MAY 51982 GMB/mg Resp ully sub -dry Brandenbu 6 Bopj� d,