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Ord 2387
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Ord 2387
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Last modified
9/27/2012 9:14:22 AM
Creation date
9/27/2012 9:14:21 AM
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
9/24/2012
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09/24/2012 <br /> ORIGINAL <br /> ORDINANCE NO. 2387 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br /> REDWOOD CITY ENACTING NEW ARTICLE IV TO CHAPTER 11 <br /> 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 equivalent to fifty-five cents ($0.55) per subscriber per month to the City under <br /> franchises granted by the City, and these PEG fees amounted to one percent (1%) of gross <br /> revenues or less; and <br /> WHEREAS, Comcast is an incumbent operator with a franchise agreement that shall <br /> expire on its own terms on February 28, 2021, and at that time the City may wish to repeal <br /> Article I I I as its provisions will not apply to any operator after that time. <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 /> ATTY/ORD.360/DIVCA(CH 11 ART III) ORD.2387 <br /> REV:07-16-12 PT Page 1 of 7 FOMERLY MUfF#305 <br />
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