ORD 2013 - Laserfiche WebLink

ORDINANCE NO. 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADDING CHAPTER 6.54, STATE VIDEO FRANCHISES, TO THE PLEASANTON MUNICIPAL CODE RELATING TO REGULATIONS FOR THE PROVISION OF VIDEO SERVICE BY STATE FRANCHISE HOLDERS AND INCLUDING A FIVE PERCENT (5 %) FRANCHISE FEE AND A ONE PERCENT (1 %) EDUCATIONAL AND GOVERNMENTAL ACCESS CHANNEL FEE WHEREAS, cities and counties within the State of California have traditionally had the authority to issue franchises to, and thereby regulate, providers of cable services within their respective jurisdictions, in accordance with federal, state, and local law; and WHEREAS, the Digital Infrastructure and Video Competition Act of 2006 (DIVCA) (Public Utilities Code §§ 5800 et seq.) became effective January 1, 2007; and WHEREAS, DIVCA changed California law by establishing a statewide franchising procedure for video service providers to be administered by the California Public Utilities Commission (CPUC); and WHEREAS, under certain circumstances described therein, DIVCA preempts the City's authority to issue franchises and provides, in those circumstances, that the CPUC is the sole authority to award statewide franchises for the provision of video services; and WHEREAS, DIVCA authorizes the City to exercise certain authority over state franchise holders; and WHEREAS, the City of Pleasanton desires to exercise that authority and to facilitate the implementation of DIVCA by setting forth regulations for the provision of video service by state franchise holders within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new Chapter 6.54 State Video Franchises is hereby added to the Pleasanton Municipal Code as set forth in the attached Exhibit A. Section 2. Since June 1, 2001, the Incumbent Cable Operator has paid to the City the amount of $0.50 per subscriber per month to support educational and governmental channels. All Holders providing Video Service in the City shall also pay a fee equal to $ 0.50 per subscriber per month to support educational and governmental channels. Each Holder shall remit the fee to the City at the same time the Holder remits the franchise fee pursuant to Section 6.54.040. Each payment shall be accompanied by a report describing how the fee was computed. On June 1, 2011, the $0.50 per subscriber per month fee will sunset and be replaced by the one percent (1 %) educational and governmental access channel fee established in Section 6.54.060, subsection A. Section 3. The passage of this ordinance is not a project according to the California Environmental Quality Act, and therefore, is not subject to the provisions requiring environmental review.