(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 establishing regulatory powers to be exercised by the city.
(3) This Part I 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 telecommunications services that are addressed in this ordinance 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 Part I 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 non-discriminatory basis;
(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 government services and provides informed consumer choices in an evolving cable, video and telecommunications marketplace.
(Ord. 568 § 2 (part), 2001).