HomeMy WebLinkAboutOrd 02-17 Urgency Ordinance Reauthorizing Fees on State Cable Franchisees ORDINANCE NO. 02 — 17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AN URGENCY 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 within 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. Urgency Findings and Declaration. The City Council finds and declares that this
Ordinance must be adopted as an urgency matter because it is necessary for the immediate
preservation of the public peace, health, and safety. The following facts and circumstances support
such necessity: 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. Although DMC
Ord No. 02-17, Adopted 03/07/2017, Item No. 4.2 Page 1 of 2
Section 3.22.030 provides for continuity in PEG funding, it is in the public interest to take every
measure to ensure that there is no lapse in the collection and remission of PEG fees, which supports
public, educational, and governmental access channels. Maintaining stable funding for PEG
channels is therefore vital to the public peace, health, and safety of the City of Dublin. Without the
enactment of this Ordinance as provided herein, a lapse in the collection and remission of the PEG
fee could potentially occur, endangering the stability of PEG program funding within the City.
Based on said findings, facts and circumstances, the City Council finds that this Ordinance should be
adopted as an urgency ordinance for the immediate preservation of the public peace, health and
safety, and that it is necessary that this Ordinance should go into effect as described below.
Section 4. 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 5. Effective Date. Following adoption by at least a four-fifths vote of the City Council, this
Ordinance shall take effect and be enforced immediately upon the commencement of AT&T's new or
renewed state franchise under the Digital Infrastructure and Video Competition Act of 2006.
Section 6. 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 Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 7th day of March 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
(-1
ABSTAIN: _
M yor
ATTEST:
�
Ce Pte.
City Clerk
Ord No. 02-17, Adopted 03/07/2017, Item No. 4.2 Page 2 of 2