(A) Purpose. This section is applicable to video service providers who have been awarded a state video franchise under the Cal. Public Utilities Code §§ 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006 [“DIVCA”]), to provide cable or video services in any location(s) within the incorporated boundaries of the city. It is the purpose of this section to implement within the incorporated boundaries of the city the provisions of DIVCA and the rules of the California Public Utilities Commission promulgated thereunder that are applicable to a “local franchising entity” or a “local entity” as defined in DIVCA.
(B) Rights reserved.
(1) The rights reserved to the city under this § 114.57 are in addition to all other rights of the city, whether reserved by this Chapter 114 or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the city.
(2) Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:
(a) Compliance with applicable requirements for the privilege of transacting and carrying on a business within the city, including, but not limited to, compliance with the conditions that the city may establish before facilities may be constructed for, or providing, non-video services;
(b) Any permit or authorization required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits and street cut permits; and
(c) Any permit, agreement or authorization for occupying any other property of the city or any private person to which access is not specifically granted by the state franchise.
(3) No permit issued by the city to a state franchise holder is itself a franchise, nor shall any permit create a vested right that would prohibit the city from revoking or amending the permit.
(C) Compliance with city ordinances. Nothing contained in this subchapter shall be construed so as to exempt a state franchise holder from compliance with all ordinances, rules or regulations of the city now in effect or which may be hereafter adopted which are consistent with this subchapter or Cal. Public Utilities Code §§ 5800 et seq., or any obligations under any franchise issued by the city insofar as those obligations may be enforced under Cal. Public Utilities Code §§ 5800 et seq.
(D) Compliance with DIVCA. When a video service provider holding a state franchise provides notice to the city pursuant to § 5840(m) of DIVCA that it is commencing to provide video service to the city, a holder of a local franchise is entitled to seek a state franchise pursuant to § 5930(c) and the upon issuance of a state franchise by the California Public Utilities Commission for the franchise area the local franchise shall terminate.
(Ord. 762-C.S., passed 1-4-11)