HomeMy WebLinkAboutCox Communications California LLC dba Cox Communications; 2017-04-27;----------------------·--·-·······-·· .. ···
STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
<,()5 VAN NESS AVENUE
SAN FRANCISCO CA 94107·3298
December 30.2016
Esther Northrup
Senior Director, State Regulatory A ftairs
Cox Communications
5887 Copley Drive, Suite 300
San Diego. C 1\ 9211 1
Dear Ms. Northrup:
EXHIBIT 2
Edmund G. Brown Governor
The Commission has determined that the application for the renewal of a state video franchise
submitted by Cox Communications on Decem her 6. 2016 is complete. and accordingly issues the
enclosed state franchise certificate.
Should you have any questions. please contact Gknn Semow at 415.703.4153.
Sincerely,
~;;; J. Sullivan
Fxecutive Director
STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
505 Van Ness A venue
www.cpuc.ca.gov
San Frandsco. C A 94102
CALIFORNIA VIDEO FRANCHISE CERTIFICATE1
FRANCHISE NUMBER: 0003
I) Franchise Holder:
Name: Cox Communications Califi.)rnia. I ,LC dba Cox Communications
Address: 5887 Coplev Driw, Suite 300
San Diego, Calii(mlia 9211 1
2) Application Date: December 6, 2016
3) Franchise Effective Date: April '27, 2017
4) Franchise Expiration Date: £\12riL:2_7..._]J).2]
5) Affected Local Entities2 Attached
Issued at San Francisco this 30111 Day of December, 2016.
Timothy J. Sullivan
Executive Director
1 This CcrtiHcate constitutes a grant of authority to provide video service in the service
EXHIBIT 2
area footprint requested in the Application referenced herein, including but not limited to
authority to usc the public rights-of-way in exchange for the franchise fee adopted in CAL. Pt '13.
Unr.. CODE §. 5840( q), subject to the laws of this state. This grant of authority is subject to
lawful operation of the cable service or video service by the applicant or its successor in interest.
2 The state video ti·anchise granted herein may include all or part of the affected local entities'
territory. For more information on the video service area covered by this franchise. contact the
California Public Utilities Commission.
STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
505 Van Ness !\venue San Francisco, C !\ 94102
www.cpuc.ca.gov
CALIFORNIA VIDEO FRANCHISE CERTIFICATE
FRANCHISE NUMBER: 0003
Affected Local Entities for Franchise No. 0003, issued to Cox Communications
California, LLC, dba Cox Communications on llecember 30, 2016:
Aliso Viejo, City of
Carlsbad, City of
Chula Vista, City of
Coronado. City of
Dana Point. City of
El Cajon, City of
Encinitas. City of
Escondido, City of
Goleta. City of
Imperial Beach. City of
Irvine. City of
La Mesa. City of
Laguna Beach. City of
Laguna Hills. City of
Laguna N igucl, City of
Laguna Woods, City of
l.akc Forest. City of
I .cmon Grove. City of
Los Angeles/San Pedro. City of
Los Angeles, County of
Mission Viejo. City of
National City. City of
Newport Beach. City of
Oceanside. City of
Orange. City of
Orange, County of
Palos V crdes Estates. City of
EXHIBIT 2
STArE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue San Francisco. CA 94102
www .cpm: .ca. gov
CALIFORNIA VlllEO FRANCHISE CERTIFICATE
FRANCHISE NUMBER: 0003
Affected Local Entities for Franchise No. 0003, issued to Cox Communications
California, LLC, dba Cox Communications on Ilccembcr 30, 2016, continued:
Poway, City of
Rancho Palos Verdes, City of
Rancho Santa Margarita. City of
Rolling Hills, City of
Rolling Hills Estates. City of
San Clemente. City of
San Diego. City of
San Diego. County of
San Juan Capistrano. City of
San Marcos. City of
Santa Barbara. City of
Santa Barbara. County of
Santee. City of
Solana Beach. City of
Tustin, City of
Vista. City of
EXHIBIT 2
cox.
Via Email and USPS
April 3, 2017
Kevin Crawford
City Manager
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
EXHIBIT 3
5887 Copley Drive
San Diego. CA 92111.7906
Subject: Cox Communications State Franchise Certificate and P.E.G. Fee
Dear Mr. Crawford:
As a follow up to Cox's letter dated February 28, 2017 regarding the reauthorization of P.E.G. Fees, I am
writing to provide you additional information regarding our request.
Cox's CA legal counsel has determined that we do not have the legal authority to continue collecting and
remitting a P.E.G. Fee on behalf of the City of Carlsbad beyond the expiration of our original state
franchise certificate of April 27, 2017. Cox's determination takes into consideration language from the
Digital Infrastructure and Video Competition Act of 2006 (DIVCA) which states, "A state-issued franchise
shall only be valid for 10 years after the date of issuance, and the video service provider shall~ for a
renewal of the state franchise for an additional10-year period if it wishes to continue to provide video
services in the area covered by the franchise after the expiration of the franchise." (Pub. Util. Code §
58SO(a)). Therefore, it is Cox's legal interpretation that our current state franchise certificate expires
and therefore any previous ordinances and/or resolutions enabling P.E.G. Fees will expire with the
expiration of Cox's origination certificate on April 27, 2017. Cox has been advised by our legal counsel to
obtain authorization from the City in the form of a new or reauthorized ordinance and/or resolution to
continue collecting and remitting P.E.G. fees under the new franchise term to avoid the potential of
class action lawsuits on behalf of rate payers.
Cox is cognizant of the process and timing for such authorization. As we work to avoid any disruption in
the collection and remittance of the fee to the City, we ask that you let us know when the City will be
agendizing this authorization.
We appreciate our partnership with the City in serving the residents and businesses of Carlsbad.
ir-YUJ-
Oscar Urteaga
Manager, Government Affairs
Cox Communications
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