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(a) No person, firm, corporation, or organization shall construct, maintain or operate any Information Technology System any place in the City of Los Angeles if such system utilizes the public streets and rights-of-way unless such person, firm, corporation, or organization shall have obtained a franchise from the City therefor, or if appropriate, a video franchise from the State. Any such franchise shall be obtained in accordance with the provisions of the Charter of the City and of the procedure prescribed by Chapter 1 of Division 13 of this Code, and shall be subject to the provisions of the ordinance granting such franchise unless preempted by State or Federal law.
(b) No person, firm, corporation or organization of any kind shall hereafter construct additions to or expand in any way any existing Information Technology System franchise unless such construction or expansion is authorized under the terms of a franchise held by such person, firm, corporation or organization.
SECTION HISTORY
Based on Ord. No. 132,951.
Amended by: In Entirety, Ord. No. 159,436, Eff. 11-18-84; In Entirety, Ord. No. 170,600, Eff. 8-11-95; Subsec. (b), Ord. No. 176,006, Eff. 7-12-04; Subsec. (a) amended, former Subsec. (b) deleted and former Subsec. (c) relettered (b), Ord. No. 180,528 Eff. 3-20-09.
The provisions of this article shall not be applicable to a person, firm, corporation or other organization providing an Information Technology System located entirely within and upon property owned by said person, firm, corporation or organization, and which serves only the tenants of an apartment or hotel owned by such person, firm, corporation or organization.
SECTION HISTORY
Based on Ord. No. 132,951.
Amended by: Subsec. (b), Ord. No. 159,436, Eff. 11-18-84; Subsec. (b), Ord. No. 170,600, Eff. 8-11-95; Subsec. (c) Added, Ord. No. 173,572, Eff. 11-27-00; Title and Section in Entirety, Ord. No. 180,528, Eff. 3-22-09.
(Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.)
Section
13.64 Regulation of State Video Franchises and City Video Franchises.
13.64.1 State Video Franchise Fees.
13.64.1.1 [Expiration; Reauthorizations.]
13.64.2 Audit Authority.
13.64.3 Customer Service Penalties Under State Video Franchises.
13.64.4 City Response to State Video Franchise Applications.
13.64.5 Extension of Existing City Video Franchises.
Under State law to be effective January 1, 2007, the California Public Utilities Commission (PUC) will have the authority to grant state video franchises. The City of Los Angeles will acquire certain rights and responsibilities with respect to state video franchise holders. These include the receipt of a franchise fee and a fee for Public, Educational and Government (PEG) purposes, both based on a percentage of the gross revenues of state franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules. The City will retain authority, without change, over all City video franchisees until such time as they no longer hold a City franchise, or are no longer operating under a current or expired City franchise. The City may continue to grant, modify, renew, extend or terminate City video franchises for video service until January 1, 2008. After January 1, 2008, the City may modify, renew, extend or terminate existing City video franchises, whether current or expired. For purposes of this article, the terms “City video franchise” and “City video franchisee” shall have the same meaning as the terms “City cable franchise” and “City cable franchisee” as they are used in this Division 13.
SECTION HISTORY
Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.
(a) For any state video franchise holder operating within the boundaries of the City of Los Angeles, there shall be a fee paid to the City equal to five percent of the gross revenue of that state video franchise holder.
(b) For any state video franchise holder operating within the boundaries of the City of Los Angeles, there shall be an additional fee paid to the City equal to one percent of the gross revenue of that state video franchise holder, which fee shall be used by the City for PEG purposes consistent with state and federal law.
(c) Gross revenue, for the purposes of (a) and (b) above, shall have the definition set forth in California Public Utilities Code § 5860.
SECTION HISTORY
Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.
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