HomeMy WebLinkAbout2008-08-14; Community Television Foundation; Resolution 2008-21
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RESOLUTION NO. 2008-2
A RESOLUTION OF THE CARLSBAD COMMUNITY
TELEVISION FOUNDATION (CCTVF) RECINDING THE
AGREEMENT BETWEEN TIME WARNER CABLE AND
THE CITY TO PAY 1% OF BASIC CABLE SERVICES
REVENUE TO CCTVF AND FUTURE ACTION TO BE
TAKE REGARDING CCTVF
WHEREAS, prior to January 1, 2007 video services (commonly referred to as
"cable television," hereinafter "video services") were regulated on a local level by local
franchising authorities consisting of cities and counties throughout the State; and
WHEREAS, effective January 1, 2007 State law transition video services
franchising authority away from local franchising authorities and transferred this
authority to the California Public Utilities Commission; and
WHEREAS, an agreement, dated April 21, 1982 ("1982 Agreement"), between
the then existing cable operators (collectively "cable operator") in Carlsbad and the City
of Carlsbad agreed that the cable operator would pay 1 % of its gross revenue derived
from its basic cable television service to a foundation to be formed for community
programming in exchange for City Council action of deregulating cable rates and
amending its Municipal Code; and
WHEREAS, the City of Carlsbad has rescinded Section 5.28.175 of Title 5,
Chapter 5.28 of the Carlsbad Municipal Code and has adopted a new Chapter 5.29,
applying limited local regulations applicable to holders of state video franchises issued by
the California Public Utilities Commission pursuant to the Digital Infrastructure and Video
Competition Act of 2006 (commonly referred to as "DIVCA" - Assembly Bill 2987); and
WHEREAS, DIVCA requires State-issued Video Services Franchisees providing
Video Services in Carlsbad to pay a 1 % of gross revenue fee to the City of Carlsbad for
public, education and government ("PEG") support; and
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WHEREAS, DIVCA requires PEG expenditures be consistent with federal law;
and
WHEREAS, the implementation of DIVCA no longer requires Video Service
Providers in Carlsbad to pay the 1% of basic cable service revenues PEG fee to CCTVF;
and
WHEREAS, CCTVF hereby terminates the 1982 Agreement; and
WHEREAS, CCTVF intends to pass a resolution to dissolve and wind up CCTVF
on or before October 14, 2008; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Carlsbad Community Television Foundation as follows:
1. That the above recitations are true and correct.
2. Beginning January 1, 2008, the City of Carlsbad will no longer transfer 1 %
of basic cable services revenue to the CCTV Foundation pursuant to the
1982 Agreement.
3. The CCTVF Board of Directors will review the pending grant requests and
spend the Foundation reserves according to federal law in effect when the
fees were collected.
4. The CCTVF Board of Directors will conclude business and pass a
resolution that legally dissolves the Foundation by October 14, 2008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Carlsbad
Community Television Foundation held on the j^h day of
2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Robert Bender, Chairn lan
Catfte Television Foun Jation
ATTEST: