(A) This chapter is designed to regulate video service providers holding state video franchises and operating within the city. As of January 1, 2007, the State of California has the sole authority to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). Pursuant to DIVCA, the City of Indio may receive a franchise fee and may receive a fee for public, educational and governmental access (defined in this chapter as PEG or PEG ACCESS CHANNELS) from all state video franchise holders operating within the city. Additionally, although DIVCA grants all authority to adopt customer service standards to the state, the city has the responsibility to establish and enforce penalties, consistent with state law, against all state video franchise holders operating within the city for violations of such customer service standards.
(B) It is the purpose of this chapter to implement within the city the provisions of DIVCA and the rules the California Public Utilities Commission promulgated thereunder that are applicable to a local franchising entity or a local entity as defined in DIVCA. Consistent with that purpose, the provisions of this chapter are to be construed in a manner that is consistent with DIVCA and the applicable rules of the Commission promulgated thereunder.
(Ord. 1579, passed 11-17-10)