City Council
MEETING DATE: 4/8/2015
TITLE:
Title
Introduce an Ordinance Incorporating the State Digital Infrastructure and Video Competition Act of 2006 (DIVCA) into the City's Municipal Code and Establishing a 1% PEG Fee
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FROM:
Tami Scott, Administrative Services Director
RECOMMENDATION:
Recommendation
Staff recommends that the City Council introduce an Ordinance repealing, in its entirety, Ordinance Nos. 518, 523 and 554 and amend Title 5, by repealing in its entirety, Chapter 5.11 and adopting a new Chapter 5.11 (Cable Vision Systems) of Title 5 of the Cathedral City Municipal Code to be aligned with the State Digital Infrastructure and Video Competition Act of 2006 (DIVCA).
Body
BACKGROUND:
Chapter 5.11 of the City's Municipal Code has historically governed how cable service providers provide services in Cathedral City. Up until 2006, the City was the sole local franchising authority for those companies wishing to provide cable services using Cathedral City rights-of-way. With the passage of AB2987 and the signing of the Digital Infrastructure and Video Competition Act of 2005 ("DIVCA") into law in September 2006, new cable / video service providers obtained a franchise to provide video services in a local jurisdiction from the State of California. Upon expiration or termination of local franchising agreements, cable providers incorporate their service area into their State Franchise License. Time Warner Cable has provided cable and video services in Cathedral City under a local franchise agreement that expired on December 21, 2014. On January 2, 2015 they applied to amend their state franchise to include Cathedral City. Based on the above information, the City's ordinance, Title 5, needs to be amended and chapter 5.11 repealed and a new Chapter 5.11 adopted to be compliant with state law.
DISCUSSION:
In September 2006, the Governor signed DIVCA into law. The Act changed the authority to issue cable fran...
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