City Council
MEETING DATE: 3/11/2015
TITLE:
Title
Digital Infrastructure & Video Competition Act of 2006 ("DIVCA")
End
FROM:
Tami E. Scott, Administrative Services Director
RECOMMENDATION:
Recommendation
Receive presentation and direct staff to update the City's ordinance reflecting the changes in State Law related to 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 Based on the above information, the City's ordinance, Title 5, needs to be amended and chapter 5.11 repealed and a new Chapter 5.11 adopted to be compliant with state law.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 franchises from local municipalities to the California Public Utilities Commission (PUC). The goal of DIVCA was to create a fair market place that does not advantage or disadvantage one service provider or technology over another; promote widespread access to the most technologically advanced cable and video services to all communities in a nondiscriminatory manner; prote...
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