§ 8AA-27. Cable system construction.

(1)

In areas where cable service is not available, the licensee shall, at the request of the County, extend its cable television service to areas that have a minimum density of thirty (30) dwellings or business entities per strand mile of cable within one hundred (100) feet of its energized coaxial cable. The licensee may at its option extend service to areas not meeting the above criteria.

(2)

At the end of the second year of the license and continuing every two (2) years thereafter, the cable operator will file a report with the Diretor. In the report, the cable operator shall demonstrate that the cable operator has refrained from redlining based on income, race, ethnicity, religion, and national origin. Such report shall state whether the licensee provides uniform products, services, and rates throughout its systems within Miami-Dade County. If the licensee's products, services, and rates are not uniform throughout it systems, the report shall describe the different levels of products, services, and rates by census tract and block groups in its systems. It shall also provide the licensee's explanation for such different levels and the licensee's timetable for making such levels uniform. If a licensee's system is not contiguous, the licensee shall list the census tracts and block groups in which it provides cable service. The report shall be submitted in a format approved by Director and contain such additional information that the Director deems necessary, including a list of census tracts and block groups in which the licensee provides cable services. Instead of, or in addition to, such supporting information, the Director may require the licensee to put such information on a map on a size and scale chosen by the Director. Failure to file such report will constitute a violation of this section, and may result in penalties, including, but not limited to, termination of the license pursuant to Sections 8AA-71 and 8AA-72. If requested, the licensee shall appear before the Board of County Commissioners at a public hearing.

(3)

In eliminating the requirements concerning construction of the entire license area and the contiguous build-out and other requirements of Section 8AA-27 of the Code of Miami-Dade County (1990), Miami-Dade County reserves the right to enact future ordinances and regulations applicable to initial grants of future licenses and the renewal of existing licenses to accomplish the following:

(a)

Establish criteria, burdens of proof, and causes of action regarding discriminatory practices, including "bright lines" statistical tests for discrimination that would prohibit disparate impact on protected individuals, groups or neighborhoods identified in Section 8AA-63 of the Code of Miami-Dade County;

(b)

Establish a formal method to allocate between operators in overlapping license areas the public buildings that must be served;

(c)

Establish regulations providing for a "cable provider of last resort" by any lawful method, including requiring cable operators to provide such service or contribute to an industry fund to subsidize such service, provided the burden is distributed fairly among affected licensees; and

(d)

Reestablish the requirements concerning construction of the entire priority service area and the contiguous build-out and other requirements of Section 8AA-27 of the Code of Miami-Dade County (1990) or other build-out requirements intended to insure universal service. Such regulations must be reasonable in light of industry standards for build-out, shall allow a reasonable amount of time to accomplish the build-out, and shall make reasonable accommodation for existing systems that are not built contiguously.

(e)

Reinstate the construction bond requirements of Section 8AA-27 of the Code of Miami-Dade County (1990).

(4)

The 1997 amendments to Chapter 8AA shall not be interpreted to preempt or prevent any authority of municipalities to regulate cable television that the municipalities possessed prior to the 1997 amendments.

(Ord. No. 90-73, § 1, 7-24-90; Ord. No. 97-32, § 3, 4-15-97; Ord. No. 01-44, § 1, 3-20-01; Ord. No. 03-122, § 1, 5-6-03)