A. Purpose. This article is intended to be applicable to state franchise holders who have been awarded a state video franchise under the California Public Utilities Code Section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006 [“DIVCA”]), to serve any location(s) within the incorporated boundaries of the city. It is the purpose of this article to implement within the incorporated boundaries of the city the provisions of DIVCA and the rules of the California Public Utilities Commission promulgated there under that are applicable to a “local franchising entity” or a “local entity” as defined in DIVCA.
B. Rights reserved.
1. The rights reserved to the city under this article are in addition to all other rights of the city, whether reserved by this article or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the city.
2. Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:
a. 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;
b. Any permit or authorization 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
c. 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.
3. Except as otherwise provided in DIVCA, a state franchise shall not relieve a state franchise holder of its duty to comply with all laws, including the ordinances, resolutions, rules, regulations, and other laws of the city, and every state franchise holder shall comply with the same.
4. No permit issued by the city to a state franchise holder is itself a franchise, nor shall any permit create a vested right that would prohibit the city from revoking or amending the permit.
C. Compliance with city ordinances. Nothing contained in this Article shall ever be construed so as to exempt a state franchise holder from compliance with all ordinances, rules or regulations of the city now in effect or which may be hereafter adopted which are consistent with this Article or California Public Utilities Code Section 5800 et seq.
(Ord. 2009-04 § 2 (part), 2009)