Advanced Cable TV requirement for residents in the
Indian Trace Development District area of Weston
The (somewhat complicated) story behind WHY cable TV
is currently required of certain property owners
History of the Town Foundation:
The Town Foundation was established by Arvida ("the Developer"), as the master homeowners association for its Weston development. It was initially responsible for the maintenance of the main roadways and common areas, architectural control, rules and regulations, and the provision of cable television service to the communities built by the Developer. The Town Foundation was originally governed by a Board of Directors consisting of three employees of Arvida, and two residents of the community.
In 1987, the Town Foundation entered into a service agreement with Arvida ("the Developer") and Gulf and Pacific ("the Cable Company") that required each home governed by the Town Foundation to pay for cable television service. The agreement provided for successive ten-year terms, in perpetuity.
In 1996, the City of Weston was incorporated as a municipality and for the first time, had its own city government.
In 1998, Gulf and Pacific Cable was sold to Advanced Cable Communications along with the service agreement. In the same year, the Town Foundation's maintenance responsibilities were transferred to the City and architectural control was transferred to each community association. Finally in March 2003, the Town Foundation was assigned to the City with responsibility for the provision and billing of cable television.
Until 2003, the City had yet to be assigned the rights of Arvida and the Town Foundation, and therefore had no legal standing in the matter. Since that time:
- The City met numerous times with Advanced Cable with the objective of amending the 1987 Service Agreement but to no avail.
- In 2004, the City adopted several resolutions including filing a Certification with the Federal Communications Commission and initiating a termination of the service agreement.
- On October 27, 2004 Advanced Cable subsequently filed a lawsuit in the United States District Court against the Town Foundation and the City of Weston. The results of the lawsuit are posted under Cable TV Settlement.
The outcome of the lawsuit and Settlement Agreement was a win for the city and its residents:
The Service Agreement will permanently terminate on December 31, 2013. After this date, residents will NOT be required to maintain cable television service with Advanced Cable.