§ 5.16.010. Regulation of video franchises and definitions.

(a)

Under Division 2.5 of the California Public Utilities Code, the Digital Infrastructure and Video Competition Act of 2008, commencing at Section 5800 et seq. ("DIVCA"), the California 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)

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 right of ways 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 such 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. No. 669, §§ 1, 2, 11-9-2010)