2007-11-05 Regular Agenda - Laserfiche WebLink

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Administrative Requirements We anticipate that Charter Communications will eventually apply for video service authority to the PSC. This will trigger the need for a response from you to the provider to preserve franchise fee revenues. You will also need to respond to any future providers who apply for video service authority to the PSC to establish similar franchise fees. If you receive notice of PSC video service authority from Carter Communications, or from any other provider, please contact us or your city attorney immediately. The Implementing Legislation SB284 address a number of regulatory and land use issues that affect municipalities. These issues have been addressed in the accompanying ordinances as video service regulations and zoning regulations. A. Video Service Provider Ordinance. The video service ordinance incorporates and implements SB284’s new standards for the provision of video programming. Section 1 of the ordinance ratifies existing cable television franchises and regulations, including franchise fees, until such time as SB284’s franchise authority comes into being. As noted above, Charter may decide to abide by existing franchise regulations until franchise expiration, so this section ensures the continuity of the germane cable regulations in that event. Section 2 of the ordinance addresses those issues unique to video service providers. These encompass general administrative requirements of SB284, including regulations pertaining to franchise fees and the provider’s indemnification of the city. Section 2.C of the ordinance requires that video service providers adopt the limited customer service regulations established by SB284, and it allows the city to partake in mediation, and 1 complain to the PSC, for customer service violations. Section 2.D implements those regulations permitted by SB284 with regard to public, educational, and government access programming, including PEG financial support (CALOP funding), and it includes a sunset clause, mandated by SB284, which extinguishes all mandatory PEG requirements as of January 1, 2012. After that date, PEG programming will take place only if paid for by the broadcasting PEG institution. This includes Charter’s current CALOP contributions. B. Zoning Ordinance. The zoning ordinance addresses SB284 provisions germane to the placement and appearance of video service facilities (e.g., boxes) on private property, but please note that we have extended the City’s authority to the facilities of anyutility to be located on private property. The regulations permitted by SB284 were intended to allow cities some control over the location and appearance of video service boxes. We see no reason why 1 Note that SB284 does not permit a city to enforce customer service regulations through the municipal court.