A. The City Council finds and determines as follows:
1. The development of cable systems may provide significant benefits for, and have substantial impacts upon, the residents and businesses of the City.
2. The public streets, alleys, utility easements dedicated for compatible uses, and other rights-of-way within the City used by cable systems:
a. Are critical to travel and commerce;
b. Are a unique and physically limited resource so that proper management by the City is necessary to maximize the efficiency and to minimize the costs to the taxpayers, and to prevent harm to the community; and
c. Are intended for public uses and must be managed and controlled consistent with that intent.
3. Cable systems permanently occupy and extensively make use of scarce and valuable public rights-of-way, in a manner different from the way in which the general public uses them.
4. Because of the complex and rapidly changing technology associated with cable systems, the public convenience, safety and general welfare is best served by the City's exercise of its regulatory powers to establish procedures through which cable systems may use and occupy public rights-of-way, and to establish general conditions to govern the construction, operation and installation of such systems.
5. This Chapter is intended to establish provisions for the franchising arid regulation of cable systems. This Chapter is further intended to ensure that all regulations are consistent with the federal Cable Communications Policy Act of 1984 (47 USC 521 et seq.), as amended by the federal Cable Television Consumer and Competition Act of 1992 and the federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable California statutes and regulations.
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 technology development.
2. To obtain fair and reasonable compensation for the use and occupancy of valuable public assets by cable systems to provide cable service.
3. To foster and to promote competition in cable services, and encourage the delivery of advanced and competitive cable services on the broadest possible basis to businesses, residents, institutions and local government of the City.
4. To establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of cable systems, including the establishment and enforcement of customer service standards.
5. To provide opportunities to the public to obtain access to communications facilities for the purpose of disseminating and receiving information; to promote competitive cable rates and services; to take advantage of opportunities presented by cable and open video systems to provide for more open government; to enhance educational opportunities throughout the community and provide opportunities for building a stronger community; and to allow flexibility to respond to changes in technology, subscriber interests, and competitive factors that will affect the health, welfare, and well-being of the community.
6. To encourage the deployment of advanced cable communications systems that satisfy local cable-related needs and interests, and which enable the schools and the government to take advantage of cable technology to deliver enhanced services.
(Ord. No. 2001-014 § 2)