HomeMy WebLinkAboutOrd 1951ORDINANCE NO. 1951
CITY COUNCIL, CITY OF BURLINGAME, STATE OF CALIFORNIA
AN ORDINANCE OF THE CITY OF BURLINGAME TO REAUTHORIZE
SECTTION 6.50.040 OF THE BURLINGAME MUNICIPAL CODE GOVERINING
CABLE TELEVSION FRANISES IN CONFORMANCE WITH THE CLAIFORNIA
DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006
WHEREAS, the California State Legislature adopted the Digital infrastructure and Video
Competition Act of 2006, California Public Utilities Code ("CPUC") Sections 5800 through 5970
("DIVCA") which governs the award and administration of a statewide franchise of video service
providers; and
WHEREAS, DIVCA allows for the payment of franchise fees and Public, Education and
Governmental (PEG) support to the local authority, provided that the local authority enacts an
ordinance establishing the PEG fee; and
WHEREAS, the PEG fee is limited to the fee that was in place when DIVCA became effective
(January 1, 2007), and the City of Burlingame ordinance provides for PEG fees equivalent to
1 % of the franchisee's revenues; and
WHEREAS, Section 5870(n) of the state Public Utilities Code requires that the local ordinance
be reauthorized upon the expiration of a state franchise in order to continue the requirement for
payment of PEG fees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN
AS FOLLOWS:
Division 1:
Section 1: Findings and Declarations. The City Council finds and declares as follows:
Burlingame requires holders of State Video Franchises to pay a fee of one percent of gross
revenues to support Public, Education and Government (PEG) Access.
The City is required to reauthorize this fee by ordinance at expiration and renewal of each state
video franchise.
The state -issued franchises of AT&T, Comcast, and Astound have or will expire within one year
of this ordinance, and have or will be renewed thereafter. Accordingly, the City reauthorizes the
support fee for PEG access according to the existing terms.
Section 2: Section 6.50.040 (Public, educational and government channels) of Chapter 6.50
(Video Service Provided by State Franchise Holders) of the Burlingame Municipal Code is
reauthorized in the form previously adopted.
nivi-qw)m 7.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
nivi-czinm i.
This Ordinance shall be published in a newspaper of general circulation in accordance with
California Government Code Section 36933, published, and circulated in the City of Burlingame,
and shall be in full force and effect thirty (30) days after its final passage.
y2od"j
Michael Brownr " g, ayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that/the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held on
the 4th day of June, 2018, and adopted thereafter at a regular meeting of the City Council held
on the 18th day of June, 2018 by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:ORTIZ
ea n assel-Shearer, City Clerk