A. The City Council finds and determines as follows:
1. The development of cable, video, and telecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the city.
2. Because of the complex and rapidly changing technology associated with cable, video, and telecommunications services and systems, the public convenience, safety, and general welfare can best be served by the city’s exercise of its regulatory powers.
3. This chapter adopts provisions that authorize the city to regulate cable, video, and telecommunications service providers to the extent authorized by federal and state law, including but not limited to the federal Cable Communications Policy Act of 1984, the federal Cable Television Consumer Protection and Competition Act of 1992, the federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable California statutes and regulations.
4. The cable, video, and tele- communications services that are addressed in this chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite master antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, and other providers of video programming, whatever their technology, as well as voice and data services provided by telephone corporations.
B. The purpose and intent of this chapter is to provide for the attainment of the following objectives:
1. To enable the city to discharge its public trust in a manner consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.
2. To authorize and to manage reasonable access to the city’s public rights-of-way and public property for cable, video, and telecommunications purposes on a competitively neutral and nondiscriminatory basis, and in a manner consistent with all applicable federal and state statutes and regulations.
3. To obtain fair and reasonable compensation for the city and its residents for authorizing the private use of the public rights-of-way and public property.
4. To promote competition in cable, video, and telecommunications services, minimize unnecessary local regulation of cable, video, and telecommunications service providers, and encourage the delivery of advanced and competitive cable, video, and telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the city.
5. To establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of cable, video, and telecommunications service providers.
6. To encourage the deployment of advanced cable, video, and telecommunications infrastructure that satisfies local needs, delivers enhanced services, and provides informed consumer choices in an evolving cable, video, and telecommunications marketplace.
7. To maintain and to enhance public, educational, and governmental programming opportunities that will enable local government to communicate with its residents and to provide them with alternate means of disseminating information.
(Ord. 1082, passed 11-16-04)