HomeMy WebLinkAbout2014-12-09; City Council; 21796; Rescinding Policy 11 Cable Franchises from Cities, Counties to CaliforniaCITY OF CARLSBAD - AGENDA BILL
ADOPTION OF RESOLUTION RESCINDING
COUNCIL POLICY NO. 11 DUE TO CHANGES IN THE
MUNICIPAL CODE AND JURISDICTION OVER
CABLE FRANCHISES FROM CITIES AND COUNTIES
TO THE STATE OF CALIFORNIA
DEPT.DIRECTOR
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Adopt Resolution No. 2014-272 rescinding Council Policy No. 11 due to change in jurisdiction over
cable franchises from cities and counties to the State of California.
ITEM EXPLANATION:
As part of a routine review of city codes and policies, Council Policy No. 11 was identified as obsolete
due to previous changes in the Carlsbad Municipal Code and the manner in which cable television
franchises are regulated.
On September 19,1972, the City Council established Council Policy No. 11 regarding the construction,
installation, operation, maintenance and disposition of community antenna television systems in the
City of Carlsbad. The purpose ofthe policy was to allow the city to issue permits to build cable
television systems in subdivisions and building projects so those facilities could be integrated into
cable television systems of those who may provide cable television service in the future. In January
1976, the City Council passed an ordinance amending Title 5 ofthe Carlsbad Municipal Code. The
ordinance added Chapter 5.28 to establish a procedure for granting cable television franchises in the
city.
In 2006, the State Legislature passed the Digital Infrastructure and Video Competition Act of 2006,
which became effective January 1, 2007. The Act transferred the authority to grant and administer
cable television franchises from cities, counties and special districts to the California Public Utilities
Commission. In June 2007, the city added Chapter 5.29 to Title 5 ofthe Carlsbad Municipal Code to
preserve the City's authority to regulate state video franchise holders and collect franchise and
Public, Education and Government fees. In May 2008, the Carlsbad City Council repealed Chapter
5.28 in its entirety from the Carlsbad Municipal Code, because there were no longer any video service
providers operating under a city issued franchise within the City of Carlsbad. Therefore, Council Policy
No. 11 is obsolete and staff recommends rescinding it.
FISCAL IMPACT:
There is no direct fiscal impact associated with this action.
Department Contact: Val Brown 760-434-2854 Val.Brown@carlsbadca.gov
FOR CITY CLERK'S USE ONLY.
AUTHORITY APPROVED CONTINUED TO DATE SPECIFIC •
ACTION:
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RECEIVED THE •
WITHDRAWN • REPORT/PRESENTATION
Title of Resolution: Rescind Council PolicyNo. 11
Dec. 9, 2014
Page 2 of 2
PUBLIC NOTIFICATION:
None.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not
require an environmental review.
EXHIBITS:
1. Resolution No. 2014-272
2. Council Policy No. 11
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WHEREAS, on September 19, 1972, the City Council established Council Policy No. 11
1 RESOLUTION NO.2014-272
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, RESCINDING COUNCIL POLICY NO. 11 DUE TO
CHANGE IN THE MUNICIPAL CODE AND JURISDICTION OVER CABLE
4 FRANCHISES FROM CITIES AND COUNTIES TO THE STATE OF
CALIFORNIA
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7 regarding the construction, installation, operation, maintenance and disposition of community
8 antenna television systems in the City of Carlsbad; and
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WHEREAS In January 1976 an ordinance was passed amending Title 5 of the Carlsbad
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Municipal Code, which added Chapter 5.28 to establish a procedure for granting cable television
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franchises in the city; and
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j3 WHEREAS, the California Legislature adopted the Digital Infrastructure and Video
14 Competition Act of 2006 establishing a state video franchising system under which holders of
15 state-issued video franchises would be partially regulated by the California Public Utilities
Commission and partially regulated by local governments; and
WHEREAS, effective January 1, 2007, the Digital Infrastructure and Video Competition Act
of 2006 transferred the authority for granting franchises for video services (often referred to as
"cable") from local jurisdictions (cities and counties) to the State of California Public Utilities
21 Commission; and
22 WHEREAS, as of January 2, 2008, there are no longer video service providers operating
under a Carlsbad cable franchise agreement or subject to Council Policy No. 11; and
NOW, THEREFORE, BE IT RESOLVED bythe City Council ofthe City ofCarlsbad, California,
as follows:
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27 1. That the above recitations are true and correct
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2. That Council Policy No. 11 is rescinded.
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 9*'' day of December, 2014, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL) I
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CITY OF CARLSBAD
COUNCIL POLICY STATEMEMT
General Subject: ADMINISTRATION
Specific Subject: CTV
Pol icy No- 11 (Page 1 of 2)
Date Issued Sept. 19, 1972
Effective Date 9-19-72
Cancellation Date
Supersedes No
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
PURPOSE:
To establish a City Council policy regarding construction, installa-
tion, operationt maintenance, and disposition of community antenna
television systems prior to the enactment of a City ordinance enabling
the franchising of Cable Television system in the City.
STATEMENT OF POLICY:
It is desirable to formulate a policy to govern the installation of
community antenna television facilities in subdivisions and building
projects now under construction so that such facilities can be inte-
grated into Cable Television systems of those who may acquire (a) fran-
chise{s) for the areas in question in order to provide Cable Television
service to the occupiers upon construction of the project and to avoid
the expense of Cable Television installation after completion of the
buiIdings(s).
PROCEDURE:
1. Pending the enactment of a Cable Television ordinance enabling
the franchising of Cable Television operators, community antenna
operators, operators or construction contractors who have in each
case contracted with developers for operation and installation of
a community antenna system therein, may apply for a permit or
license from the City Clerk with the approval of the City Manager
for construction and operation of a community antenna system in
the area of the subdivision or building project only.
2. The applicant must show to the satisfaction of the' City Manager
the financial capability, technical experience and management
capacity to construct and operate the system.
The license or permit shall provide
munity antenna system in accordance
dards determined by the Director of
tate integration into the system(s)
Chises in the City.
for construction of any com-
with specifications and stan-
Public Works so as to facili-
of those to be granted fran-
The license or permit shall be limited to not over two years or
a period of six months from the granting' of a. franchise by the
City Council including the area of said license or permit, wiiich-
ever be the shorter period. The City Council will entertain re-
quests for permit or license extensions on an individual basis
once a franchise is granted and construction begins on a Cable
CITY OF CARLSBAO
COUNCIL POLICY STATEMENT
General Subject; ADMINISTRATION .
Specific Subject: CTV
Policv No.ll(Page 2 of 2)
Date Issued 9-19-72
Effective Date 9-19-72
Cancellation Date
Supersedes No.
r.
(
Copies to; City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
Television system.
5. The license or permit shall provide that all requirements of the
Federal Communications Commission, which are applicable, be com-
plied with.
6. The license or permit shall require that within three months after
granting of (a) franchise(s) covering the area of the.permit or
license to one other than the licensee or permittee that the
licensee or permittee shall sell his community antenna television
system to the franchisee at a price and upon terms and
just to both buyer and seller under the circumstances,
parties cannot agree on the price, they shall appoint
tor-appraiser to determine the matter and if they cannot agree on
an arbitrator-appraiser each shall appoint one and the two shall
select a third and such arbitration shall proceed in accordance
with the California Code of Civil Procedure, Civil Code.and the
rules of the Superior Court of the State of California in San Diego
County. The parties in entering into such arbitration
that the award of the arbitrator-appraiser(s} shall be
the parties and enforceable by the said Superior Court
permittee or licensee receive a franchise including the
7.
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condi tions
If the
an arbi tra.-
shall agree
binding on
If the
area in
question, the franchise upon its effective date shall supersede
and cancel as of that date the temporary license or permit.
The applicant will pay $100.00 for such pefmit or license
per cent of all gross subscriber revenue,. provided to the
quarterly.
and three
City Clerk
It is understood that this policy is for an interim period only and
constitutes no precedent as regards later City CTV franchise ordi-
nances or policies and that the City franchise when adopted may
contain entirely different terms and condftions.
The Director of Public Works may issue an encroachment permit for
community antenna system work in, or around, or over or under City
streets, ways, sidewalks, real property, and easements upon such
work standards or specifications as he shall determine upon issu-
ance of a permit or license by the City Clerk.
Franchisee shall provide and keep in force a public liability in-
surance policy in the sum of not less than $1QO,000.00 property
damage, $100,000.00 per person, with a total of $300,000.00 per
accident personal injury liability, and shall name City as an ad-
ditional insured thereon.
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