HomeMy WebLinkAboutOrd 03-17 Reauthorizing Fees on State Cable Franchisees ORDINANCE NO. 03 — 17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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. 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.
Ord No. 03-17, Adopted 03/21/2017, Item No. 4.5 Page 1 of 2
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 Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 21st day of March 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN: ( I
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ATTEST:
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City Clerk
Ord No. 03-17, Adopted 03/21/2017, Item No. 4.5 Page 2 of 2