§ 8AA-38.1. Internet services.

To the extent consistent with applicable law:

(a)

Any Licensee that provides or makes available cable Internet services to Subscribers will make such services available to all Subscribers within thirty-six (36) months of first offering the service.

(b)

Where technically feasible and within the control of the Licensee, any Licensee offering cable Internet service by an Internet Service Provider affiliated with the Licensee to Subscribers must permit unrestricted customer access to all content on the Internet and to allow high speed Internet customers to access unaffiliated Internet Service Providers (ISP's) without viewing the content of the Licensee's affiliated ISP.

(c)

In the event Licensee offers cable Internet services over its Cable System in Miami-Dade County, Licensee shall provide open access on a "Most Favored Nations" basis. This means (1) any access through its cable modem platform which Licensee makes universally available to all unaffiliated third party providers of Internet access and online services in any other community shall be made available by Licensee to all such providers in Miami-Dade County on comparable terms and conditions, or (2) any access through its cable modem platform which Licensee provides to unaffiliated third party providers of Internet access and on-line services providers due to agreements negotiated by Licensee with government entities or the lawful nondiscriminatory regulations of government entities shall be made available by Licensee to all such similar providers in Miami-Dade County on comparable terms and conditions. This requirement shall be subject to technical feasibility. Licensee shall comply with all lawful requirements with respect to access to Licensee's cable modem platform for providers of Internet access and online services.

(d)

The County reserves the right to impose regulations that require Cable System Licensees that offer high-speed access to the Internet to provide nondiscriminatory equal access to all requesting unaffiliated service providers.

(e)

Cable Internet services provided by a licensee over the cable system shall be deemed a "cable service" under this ordinance.

(f)

The County reserves the right to regulate Internet service, including requiring open access, to the full extent consistent with applicable law.

(Ord. No. 01-44, § 1, 3-20-01)