Sections:
2.11.010 Purpose and interpretation.
2.11.020 Definitions.
2.11.030 State franchise required.
2.11.040 Administration and regulations.
2.11.050 Construction, operation, maintenance and repair.
2.11.060 Franchise fee.
2.11.070 Public, education and government access channel capacity and support.
2.11.080 Audits and records.
2.11.090 State franchise service obligations.
2.11.100 Customer service and protection.
2.11.110 Emergency alert system.
2.11.120 Notices.
2.11.130 Miscellaneous provisions.
It is the purpose of this Chapter 2.11 to implement within the jurisdictional boundaries of the city the provisions of DIVCA and the rules of the 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 2.11 are to be construed in a manner that is consistent with DIVCA and the applicable rules of the Commission promulgated thereunder.
(Ord. 4945 § 4, 2007)
For the purposes of this Chapter 2.11, the following words, terms, phrases, and abbreviations and their similar formulations shall have the meanings given them in this Chapter 2.11 or, as appropriate, in Chapters 1.04, 2.08, 2.30 and 12.04 of the Palo Alto Municipal Code and in the Charter of the City of Palo Alto, as may be amended from time to time, unless the context indicates otherwise. Words not defined in this Chapter 2.11 or the other chapters of the Palo Alto Municipal Code shall have the same meaning as established in (1) DIVCA, and, if not defined therein, (2) Commission rules implementing DIVCA, and, if not defined therein, (3) Title VI of Title 47 of the United States Code, and, if not defined therein, (4) their common and ordinary meaning. References to governmental entities (whether persons or entities) shall refer to those entities or their successors in authority. If a specific provision of law referred to in this Chapter 2.11 should be renumbered, then the reference shall be read to refer to the renumbered provision. References to any law shall be interpreted broadly to cover government actions, however nominated, including any law now in force or subsequently enacted or amended.
(a) "Access," "PEG access," or "PEG use" means the availability of cable system or video service provider network capacity for public, educational or governmental use by various agencies, institutions, organizations, groups, and individuals, including the city and its designated access providers, to acquire, create and distribute programming not under a cable operator's or video service provider's editorial control, including, but not limited to:
(1) "Public access" or "public use" means access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary or designated programmers or users having editorial control over their programming;
(2) "Educational access" or "educational use" means access where accredited educational institutions are the primary or designated programmers or users having editorial control over their programming; and
(3) "Governmental access" or "governmental use" means access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming.
(b) "Cable coordinator" means the city manager or the individual or individuals designated by the city manager to administer oversight of state franchisees in the city.
(c) "Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system or the network of a video service provider and which is capable of delivering a television signal whether in an analog or digital format. The definition does not restrict the use of any channel to the transmission of analog television signals.
(d) "City" means the government of the City of Palo Alto, a chartered city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.
(e) "Council" means the city council as defined in Section 1.04.050(2).
(f) "Commission" means the California Public Utilities Commission.
(g) "Comcast Franchise" means the Cable Television Franchise Agreement by and between the City of Palo Alto, California, on behalf of the Joint Powers, and TCI Cablevision of California, Inc., effective as of July 25, 2000.
(h) "DIVCA" means the Digital Infrastructure and Video Competition Act of 2006, Assembly Bill 2987 (Ch. 700, Stats. 2006), and as that act may hereafter be amended.
(i) "Communications service equipment" and "communications service facilities" means the equipment and facilities used by a video service provider to provide cable or video service.
(j) "EAS" means emergency alert system.
(k) "FCC" means the Federal Communications Commission.
(l) "Person" includes any natural person, association, company, corporation, limited liability company, limited liability partnership, limited partnership, joint stock company, partnership, trust, or any other legal entity, but not the city.
(m) "PEG" means public, educational and governmental access.
(n) "Public rights-of-way" means the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, or right-of-way or easement primarily dedicated to travel, now or hereafter existing within the city which may be properly used for the purpose of installing, constructing, operating, maintaining, and repairing a cable system or a video service provider's network; and any other property that a state franchisee is entitled by California or federal law to use by virtue of the grant of a state franchise.
(o) "Public property" means any property that is owned or under the control of the city that is not located in the public rights-of-way, including, for purposes of this chapter, but not limited to, buildings, parks, and pole structures, such as utility poles and light poles, or similar facilities or property owned by or leased to the city.
(p) "State franchisee" means any cable operator or video service provider that, pursuant to DIVCA, has been granted by the commission a state franchise to provide cable or video service by means of communications service equipment or facilities and whose video service area includes all or any part of the incorporated limits of the city.
(q) "Video service provider" has the meaning set forth in DIVCA and, in addition, refers collectively to any cable operator, video service provider or OVS operator as defined in DIVCA.
(Ord. 4945 § 5, 2007)
(a) No person may construct, operate, maintain or repair a cable system or video service provider's network in the city without first obtaining a state franchise therefor.
(b) A state franchise shall not convey rights other than as specified in this Chapter 2.11 or in DIVCA or other applicable law; no rights shall pass by implication.
(c) Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:
(1) Compliance with generally 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;
(2) Any permit or authorization, other than a state franchise, 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
(3) 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.
(d) Except as otherwise provided in DIVCA, a state franchise shall not relieve a franchisee of its duty to comply with all laws, including the ordinances, resolutions, rules, regulations, and other laws of the city, and every state franchisee shall comply with the same. The city reserves its rights to the lawful exercise of police and other powers the city now has or may later obtain.
(e) The city reserves the right to construct, operate, maintain or repair its own cable system or video service provider network.
(Ord. 4945 § 6, 2007)
(a) The city may from time to time adopt rules and regulations to implement the provisions of this Chapter 2.11 consistent with DIVCA.
(b) The cable coordinator is hereby authorized to administer this Chapter 2.11 and to provide or cause to be provided any notices (including noncompliance notices) and to take any action on behalf of the city that may be required under this Chapter 2.11, DIVCA, or under applicable law.
(c) The failure of the city, upon one or more occasions, to exercise a right or to require compliance or performance under this Chapter 2.11 or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing or its exercise by the city is not permitted by DIVCA.
(d) The city may designate one or more entities, including itself, to control and manage the use of PEG access channels, and any PEG facilities and equipment (in addition to any other communications service equipment or facilities) owned, controlled or used by the city or the designated entity or entities.
(Ord. 4945 § 7, 2007)
A video service provider operating within the jurisdictional boundaries of the city shall, in its use of public rights-of-way and public and private property, be considered a "utility" within the meaning of Section 12.04.040 of the Palo Alto Municipal Code, and shall abide by the provisions of Title 12 of the Palo Alto Municipal Code applicable to any utility or utilities.
(Ord. 4945 § 8, 2007)
Loading...