HomeMy WebLinkAbout4.5 - 1356 DIVCA Ordinance 2nd Read
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STAFF REPORT
CITY COUNCIL
DATE: March 21, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Second Reading of an Ordinance to Reauthorize the Public, Educational,
and Governmental (PEG) Fee on State Cable Franchisees Operating
Within the City of Dublin
Prepared by: Hazel L. Wetherford, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will hold a second reading of an ordinance to reauthorize the public,
educational, and governmental (PEG) fee on state cable franchisees operating within
the City of Dublin.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Reauthorizing the Public, Educational, and
Governmental (PEG) Fee on State Cable Franchisees Operating within the City of
Dublin.
FINANCIAL IMPACT:
Adoption of the ordinance would result in the City’s continued collection of PEG fees for
the support of public, educational, and governmental access channels.
DESCRIPTION:
On March 4, 2008, the City Council adopted Ordinance 09-08, section 3.22.030 of the
Dublin Municipal Code (DMC), which imposes a public, educational and governmental
(PEG) fee on state cable franchisees operating within the City as authorized in the
Digital Infrastructure Video and Competition Act of 2006 (DIVCA).
DIVCA also provides in Section 5870(n) of the California Public Utilities Code, that a
PEG fee ordinance must be reauthorized upon expiration of an applicable state
franchise. The DMC provides that upon the expiration of any sta te franchise, the City’s
PEG fee is automatically reauthorized unless the franchise holder has given the City
Manager and City Council 60-days written notice prior to the expiration of its state
franchise that the City’s fee authorization will expire.
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AT&T, Inc. operates within the City under a state video services franchise that expires
on March 30, 2017, and pursuant to DMC Section 3.22.030(c), the City received no
timely written notice from AT&T of the expiration of its state franchise. Therefore,
pursuant to the provisions of DMC Section 3.22.030(c), the City’s PEG fee is
automatically reauthorized with regard to AT&T. However, it is recommended that the
City Council expressly declares that the City’s PEG fee is reauthorized by way of a
regular ordinance.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Agenda for this evening’s City Council meeting was posted and published pursuant
to applicable state law.
ATTACHMENTS:
1. An Ordinance of the City of Dublin Reauthorizing the Public, Educational, and
Governmental (PEG) Fee on State Cable Franchisees Operating within the City
ORDINANCE NO. __ - 17
AN ORDINANCE OF THE CITY OF DUBLIN REAUTHORIZING
THE PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) FEE ON
STATE CABLE FRANCHISEES OPERATING WITHIN THE CITY
WHEREAS, the City Council previously adopted Section 3.22.030 of the Dublin Municipal
Code (“DMC”), which imposes a public, educational, and governmental (“PEG”) fee on state
cable franchisees operating within the City as authorized in the Digital Infrastructure and Video
Competition Act of 2006; and
WHEREAS, Section 5870(n) of the California Public Utilities Code states that a PEG fee
ordinance must be reauthorized upon expiration of an applicable state franchise; and
WHEREAS, DMC Section 3.22.030(c) provides that, notwithstanding Section 5870(n) of
the California Public Utilities Code, upon the expiration of any state franchise, the City’s PEG
fee is automatically reauthorized unless the franchise holder has given the City Manager and
City Council 60-days’ written notice prior to the expiration of its state franchise that the City’s fee
authorization will expire; and
WHEREAS, AT&T, Inc. operates within the City under a state franchise that expires on
March 30, 2017; and
WHEREAS, the City received no timely written notice from AT&T of the expiration of its
state franchise pursuant to Section 3.22.030(c); and
WHEREAS, therefore, pursuant to the provisions of Section 3.22.030(c), the City’s PEG
fee is automatically reauthorized with regard to AT&T; and
WHEREAS, notwithstanding the automatic reauthorization of the City’s PEG fee as
described above, the City Council wishes to adopt an ordinance expressly declaring that the
City’s PEG fee is reauthorized.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. PEG Fee Reauthorization. The City’s PEG channel facilities fee authorized in
Section 3.22.030 of the Dublin Municipal Code is hereby reauthorized to the extent required by
Section 5870(n) of the California Public Utilities Code. All state franchisees operating w ithin the
City shall continue to collect and remit the PEG channel facilities fee as required in Section
3.22.030.
Section 2. No Change to Municipal Code. Section 3.22.030 of the Dublin Municipal Code
shall remain unchanged and in full force and effect.
Section 3. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts
thereof of the ordinance or their applicability to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage or upon the commencement of AT&T’s new or renewed
state franchise under the Digital Infrastructure and Video Competition Act of 2006, whichever is
later.
Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
published or posted as required in Section 36933 of the G overnment Code of the State of
California.
PASSED, APPROVED AND ADOPTED this 21st day of March, 2017.
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
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