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8.A. - Page 5 <br />ORDINANCE NO. <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />REDWOOD CITY REPEALING EXISTING ARTICLE III (CABLE <br />TELEVISION SYSTEMS) AND ENACTING NEW ARTICLE III TO <br />CHAPTER 11 RELATING TO STATE VIDEO SERVICE FRANCHISES <br />Section 1. Findings. The City Council of the City of Redwood City hereby finds and <br />declares as follows: <br />WHEREAS, in 2006, the Digital Infrastructure and Video Competition Act was signed <br />into law and codified at California Public Utilities Code section 5800, and following, ( "DIVCA "); <br />and <br />WHEREAS, the State legislature stated the purpose of DIVCA was to increase <br />competition in the provision of video, voice and broadband services for all Californians through <br />the institution of a state video franchising system; and <br />WHEREAS, DIVCA also recognized the continued need to protect local revenues and <br />control of public rights of way; and <br />WHEREAS, DIVCA authorizes a city to impose reasonable time, place and manner <br />restrictions on a state franchisee regarding the conditions under which the franchisee may <br />construct or operate the facilities necessary to provide video, voice and broadband services; <br />and <br />WHEREAS, DIVCA further authorizes a city to enforce certain state and federal <br />customer service and privacy standards and to impose monetary penalties for violations of such <br />standards; and <br />WHEREAS, all incumbent cable operators serving the City on January 1, 2007 were <br />paying a franchise fee of five percent (5 %) of gross revenues to the City under franchises <br />granted by the City; and <br />WHEREAS, all incumbent cable operators serving the City on January 1, 2007, were <br />paying PEG fees of one percent (1 %) or less. <br />NOW, THEREFORE, THE COUNCIL OF THE CITY OF REDWOOD CITY DOES <br />ORDAIN AS FOLLOWS: <br />Section 2. Text in brackets [example] is explanatory and is not part of the text. <br />Section 3. Existing Article III, (Cable Television Systems) is hereby repealed. <br />Section 4. [The following table of contents is informational only.] New Article III, "State <br />Video Service Franchises," is hereby added to Chapter 11 (Privately Owned Utilities) of the <br />Municipal Code of the City of Redwood City: <br />ATTY /ORDINANCE /ORD.360 /DIVCA (CH 11 ART III) <br />REV: 11 /22/11 1 <br />