8D Consent 2010 0301 - Laserfiche WebLink

Home

CITY OF SAN LEANDRO STAFF REPORT DATE: March 1, 2010 TO: Stephen Hollister, City Manager FROM: Jacquelyn Diaz, Deputy City Managey,/ SUBJECT PROJECT/PROJECT DESCRIPTION: APPROVED AND FORWARDED TO CITY COUNCIL ~~.. Stephen Hollister City Manager AN ORDINANCE AMENDING THE SAN LEANDRO MUNICIPAL CODE TO ADD A NEW CHAPTER 5-7 TO IMPLEMENT THE PROVISIONS OF THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT (DIVCA) OF 2006 SUMMARY AND RECOMMENDATION Staff recommends City Council approval of the proposed ordinance implementing the provisions of the Digital Infrastructure and Video Competition Act (DIVCA) of 2006 and thereby adding a chapter to the San Leandro Municipal Code. Upon adoption, state franchise holders (video service providers) shall pay to the City a Public, Education, and Government (PEG) fee equal to 1 % of gross revenues. BACKGROUND The Digital Infrastructure and Video Competition Act (DIVCA), also known as Assembly Bill 2987, was adopted in 2006 and became effective on January 1, 2007. The goal of the legislation was to promote a fair and level playing field for all competitors in the video services market, given the evolution of technology from traditional television service and community antenna television system (CABLE) to wireless telecommunications and broadband Internet access. Prior to the legislation, local jurisdictions had leeway in negotiating the terms of franchise agreements for video service, including amounts to be paid under the franchise, the number of Public Education and Government (PEG) channels, support for public access programming to air on the PEG channels, and free cable provided to public locations such as schools, libraries, and other municipal buildings. This required video service providers to negotiate individually with each jurisdiction in which they desired to provide service. With the state legislation, local jurisdictions are precluded from imposing local franchise requirements on video service providers. Instead, DIVCA requires all video service providers to obtain a state franchise from the California Public Utilities Commission (CPUC). The legislation further establishes the amounts of franchise fees and PEG fees to be paid to local jurisdictions. AT&T was granted a state franchise to provide video service on March 30, 2007, and Comcast was granted a state franchise on January 2, 2008. Under DIVCA, the CPUC retains responsibility for administration of certain provisions of the state franchises, including the enforcement of built-out and non-discrimination provisions. Administration of the other provisions of DIVCA are designated to local government control,