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HomeMy WebLinkAboutCUP 174; La Costa Community Antenna System; Conditional Use Permit (CUP) (2)_- 80- 1 0 January 14, 1980 MEMORANDUM TO: Director of P1 anni ng FROM: Director of Utilities & Maintenance SUBJECT: CUP 174 - La Costa Earth Station The subject CUP is being applied for as a land use matter and I do not believe the City should object on that basis; however, there is some question in my mind as to the necessity for the installation on the basis of our franchise requirement. The following should be considered in reaching your staff position: 1. Paragraph 5.28.030 of the City Code sets forth the requirement for cable service, which includes: a. 20 channels of service - minimum. ment without use of an earth station. La Costa Cable can satisfy this require- b. Sub-paragraph (8) (d) (1 ) requires that after the subscriber base of either system reaches 3500, the systems shall be interconnected. Neither system has reached this threshold as yet but I expect Carlsbad Cablevision to reach that level this year. Carlsbad Cablevision has an earth receiver at present and will be able to physically interconnect to the La Costa system within 3-6 months. via this interconnect to the Carlsbad Cablevision system if an agreement can be reached between the two franchisees. La Costa Cable could receive earth satellite pictures 2. The City receives a 3% franchise fee on gross receipts; therefore, any increase in revenue to La Costa Cable does result in increased revenue to the City. I have contacted Carlsbad Cablevision and they will interpose no objection to this CUP. willingness to negotiate) for an interconnect or for purchase of their satellite signal. They also advise that they have not been approached (although they indicate The basis for the requirement for interconnection is to assure that we have the same levels of service available to all citizens regardless of which system they are served by. It appears that this proposal from La Costa will provide for two different levels of service rather than'the same levels as is the intent of the Code. If I can be of any further assistance please advise. Digctor of Utili ties & Maintenance RWG: pab