(A) Under Cal. Public Utilities Code Division 2.5 (“CPUC”), the Digital Infrastructure and Video Competition Act of 2006, commencing at §§ 5800 et seq. (“DIVCA”), the State Public Utilities Commission (PUC) has the exclusive authority to grant and administer state video franchises. The definitions contained in DIVCA apply to this chapter.
(B) Notwithstanding, DIVCA confers certain rights and responsibilities on the city with respect to state video franchise holders (“SVFH”) operating within the city under DIVCA, including, but not limited to, receipt of fees for rent of rights-of-way in the form of a franchise fee and additional fees for support of public, educational and governmental (“PEG”) access channels. Both fees are based on a percentage of the gross revenues of state franchise holders. The city also hereby establishes and enforces penalties for violations of customer service rules. The city retains authority, without change, over all city video franchisees until a time as they no longer hold a city franchise, or are no longer operating under a current city franchise. The city may modify, renew, extend or terminate existing city video franchises.
(C) The City Council intends this chapter to supplement, not to duplicate or contradict, applicable state and federal law and this chapter shall be construed in light of that intent.
(Ord. 2008-13, passed 12-2-2008)