This chapter is designed to regulate video service providers holding state video franchises and operating within the city.
On January 1, 2007, the State of California became the sole authority with power to grant state video franchise pursuant to the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”). Pursuant to DIVCA, the City of Tulare shall receive a franchise fee from all state franchises. Additionally, each state franchisee must remit to the city its pro rata share of any cash payments for the ongoing costs of public, education, and governmental access channel facilities or institutional networks, as long as there are such payment obligations imposed by a city issued franchise. DIVCA confirmed that the city may establish and enforce penalties, consistent with state law, against all state video franchise holders operating within the city for violations of customer service standards. DIVCA precludes the city from adopting its own standards and grants all authority to adopt customer service standards to the state. DIVCA leaves unchanged the city’s authority to regulate the city’s current cable franchises and any city franchise(s) issue on or before January 1, 2008, until the expiration of any such franchise(s).
(Ord. 16-07, passed 6-21-2016)