HomeMy WebLinkAboutO-1645 REAUTHORIZING THE FEE TO SUPPORT THE CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) ACCESS CHANNEL FACILITIESURGENCY ORDINANCE NO. 1645 (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REAUTHORIZING THE FEE TO SUPPORT
THE CITY'S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG)
ACCESS CHANNEL FACILITIES AND DECLARING SAME TO BE AN
URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of
the Digital Infrastructure and Video Competition Act (DIVCA) of 2006, authorized the City to
adopt an ordinance establishing a fee on state -franchised video service providers to support public,
educational, and governmental (PEG) access channel facilities; and
WHEREAS, the City adopted Ordinance 1542 (2010 Series) establishing such a fee, which
is codified in Section 5.72.010 of the Municipal Code; and
WHEREAS, The City's cable provider and some municipalities throughout the state have
reached the conclusion that Section 5870(n) of the California Public Utilities Code requires
reauthorization of the ordinance upon expiration of the initial state franchise of any franchise
holder within the City; and
WHEREAS, if this fee is not reauthorized immediately, the City could lose funding for its
PEG programming facilities, which would jeopardize a trustworthy, reliable, and immediate means
by which the City communicates with its residents; and
WHEREAS, any lapse in funding may also lead to confusion among state video
franchisees operating within the City regarding the payment of PEG fees leading the City to incur
additional costs to recover any overdue fees; and
WHEREAS, in an abundance of caution the City wishes to unambiguously reauthorize the
PEG fee; and
WHEREAS, the state franchise granted to CCO SoCal 1, LLC DBA Charter
Communications, expired and was renewed in December 2017, and Charter Communications has
requested information regarding whether the City has reauthorized its PEG fee.
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Ordinance No. 1645 (2018 Series)
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Municipal Code Section 5.72.010 is renumbered, restated, and the PEG fee
is reauthorized, as follows:
A. A fee paid to the city is hereby established for the support of public, educational,
and governmental access facilities and activities within the city. Unless a higher percentage is
authorized by applicable state or federal law, this fee shall be one percent of a state video holder's
gross revenues, as defined in California Public Utilities Code Section 5860. This fee shall be
remitted quarterly to the city treasurer and must be received not later than forty-five days after the
end of the preceding quarter. The fee payment shall be accompanied by a summary that explains
the basis for the calculation of the support fee for local cable usage.
Municipal Code Section 5.72.010 is amended to add a new subsection B., which will read
as follows:
B. The City's interpretation of Section 5870(n) of the Public Utilities Code is that the 1%
fee to support PEG channel facilities authorized by that code section does not expire upon the
expiration of any particular state franchise holder but shall expire and may be reauthorized upon
the expiration of the legislative authorization of the state franchise. However, to the extent any
court or reviewing authority finds otherwise, the City hereby reauthorizes the fee set forth in this
section on state -franchised video service providers operating within the City, to support public,
educational, and governmental access channel facilities, which fee shall remain unchanged and in
full effect as to all state -franchised video service providers operating within the City. The City
hereby reauthorizes the fee on any additional state franchised video service providers that are or
will be operating in the City of San Luis Obispo to support public, educational, and governmental
access channel facilities, upon the expiration of that state franchise, which fee shall remain
unchanged and in full effect. Notwithstanding Public Utilities Code Section 5870(n), upon the
expiration of any state video franchise, without any further action of the City Council, this section
shall be deemed to have been automatically reauthorized, unless the state franchise holder has
given the City Manager and the City Council written notice ninety days prior to the expiration of
its state franchise that the state franchise holder believes the section will expire concurrently with
the expiration of its state franchise pursuant to the terms of Public Utilities Code Section 5870(n).
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance or the application therefore to any person or place, is for any reason held to be
invalid or unconstitutional by the final decision of any court of competent jurisdiction, the
remainder of this Ordinance shall remain in full force and effect.
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Ordinance No. 1645 (2018 Series)
Page 3
SECTION 3. A summary of this ordinance, shall be published at least five (5) days prior
to its final passage, in The Tribune, a newspaper published and circulated in this City. This
ordinance shall become effective immediately upon passage and adoption hereof, as it is an
urgency ordinance intended to immediately protect the public welfare, health and safety.
INTRODUCED AND ADOPTED by the Council of the City of San Luis Obispo on the
6th day of March, 2018, on the following vote:
AYES: Council Members Gomez, Pease, and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
/' /'- X Z
M or eidi Harma
ATTEST:
Carrie Gallagher, CMC
City Clerk
ROVED AS
Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of—MAA44-, , �-o
Carrie Gallagher, CMC
City Clerk
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