8D Consent 2010 0301 - Laserfiche WebLink

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE N0.2010- AN ORDINANCE OF THE CITY OF SAN LEANDRO AMENDING THE SAN LEANDRO MUNICIPAL CODE TO ADD A NEW CHAPTER 5-7 TO IMPLEMENT THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 RECITALS WHEREAS, cities and counties within the State of California have traditionally had the authority to issue franchises to, and thereby regulate, providers of cable services within their respective jurisdictions, in accordance with federal, state, and local law; and WHEREAS, the Digital Infrastructure and Video Competition Act of 2006 (Public Utilities Code sections 5800 et seq. ("DIVCA")) became effective January 1, 2007; and WHEREAS, DIVCA changed California law by establishing a statewide franchising procedure for video service providers to be administered by the California Public Utilities Commission ("CPUC"); and WHEREAS, under certain circumstances described therein, DIVCA preempts the City's authority to issue franchises and provides, in those circumstances, that the CPUC is the sole authority to award state franchises for the provision of video services; and WHEREAS, DIVCA authorizes the City to exercise certain authority over state franchise holders; and WHEREAS, the City of San Leandro desires to exercise that authority and to facilitate the implementation of DIVCA by setting forth regulations for the provision of video service by state franchise holders within the City. NOW THEREFORE, the City Council of the City of San Leandro does ordain as follows: Section 1. Chapter 5-7 is hereby added to the San Leandro Municipal Code to read as follows: Chapter 5.7 VIDEO SERVICE PROVIDED BY STATE FRANCHISE HOLDERS 5.7.100 Purpose and Applicability. The purpose of this chapter is to set forth regulations for the provision of video service by state franchise holders, in accordance with the Digital Infrastructure and Video Competition Act, California Public Utilities Code sections 5800-5970 ("DIVCA"). This chapter shall apply to video service providers operating within the City pursuant to a valid state franchise.