HomeMy WebLinkAbout2009-04-03; City Council; NS-891; Repealing chapter 5.28 of the CMC regarding cable franchises...1
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EXHIBIT # 1
ORDINANCE NO. NS-891
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING, IN ITS ENTIRETY
CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE
APPLICABLE TO HOLDERS OF LOCAL VIDEO FRANCHISES.
WHEREAS, the California Legislature adopted the Digital Infrastructure and Video
Competition Act of 2006 ("DIVCA") establishing a state video franchising scheme under which
holders of state-issued video franchises would be partially regulated by the California Public
Utilities Commission ("PUC") and partially regulated by local governments; and
WHEREAS, under DIVCA, the authority for granting franchises for video services (often
referred to as "cable") has been transferred from local jurisdictions to the PUC, including
regulating build-out and non-discrimination standards for state franchise holders, enforcing anti-
subsidiary provisions and imposing user and application fees; and
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WHEREAS, the City of Carlsbad has previously amended the Municipal Code to add
11 Chapter 5.29, necessary in order to preserve the City's authority to regulate state video franchise
holders and collect a franchise fee and a Public, Education and Government fee, to the extent
12 permitted'under DIVCA,
13 WHEREAS, as of January 2, 2008, there are no longer any video service providers in
Carlsbad operating under Chapter 5.28.
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NOW THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Chapter 5.28 of the Carlsbad Municipal Code is amended by repealing Chapter
5.28, in its entirely, sections 5.28.010 through 5.28.250.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the
City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 13th day of May, 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 20th day of May. 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
o. i
RflDNALD R. BALL, City Attorney
IS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)