File #: 2018-092    Version: 1 Name: DIVCA PEG Ordinance
Type: Consent Status: Agenda Ready
File created: 2/7/2018 In control: City Council
On agenda: 2/20/2018 Final action:
Title: REAUTHORIZATION OF CITY PEG (PUBLIC, EDUCATIONAL AND GOVERNMENT) FEE COLLECTION AUTHORITY UNDER STATE LAW (CITY COUNCIL)
Attachments: 1. Exhibit No. 1 - DIVCA-AB2987-Assembly-Bill, 2. File Summary
Report to Mayor and City Council
Tuesday, February 20, 2018
Consent


SUBJECT:
Title
REAUTHORIZATION OF CITY PEG (PUBLIC, EDUCATIONAL AND GOVERNMENT) FEE COLLECTION AUTHORITY UNDER STATE LAW (CITY COUNCIL)

Body
I. SUMMARY

The Digital Infrastructure and Video Competition Act of 2006 (DIVCA AB 2987) was signed into law on September 29, 2006, creating for the first time a process for the issuance of state video franchises in California. On August 5, 2008, the City of Carson approved and adopted the DIVCA Decision, implementing DIVCA, and began accepting video franchise. The state franchise agreement has expired on December 31, 2017 and has been renewed by the state effective January 2, 2018. The City's ordinance needs to be reauthorized, upon the expiration of the state franchise. Failure to reauthorize the PEG Fee through adoption of a new ordinance will put these revenues and the PEG related capital expenditures they support in jeopardy.


II. RECOMMENDATION
Recommendation

It is recommended that the City Council:
1. Find that the following proposed action is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061 (b)(3); general rule; and
2. Direct the City Attorney to prepare an ordinance within 14 days reauthorizing the City's PEG (Public, Educational and Government Access) Fee.


Body
III. ALTERNATIVES

NONE

IV. BACKGROUND

On September 29, 2006, the Legislature passed, and Governor Schwarzenegger signed into law, Assembly Bill 2987, the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). Prior to DIVCA, cable television franchises were issued by cities and counties. DIVCA replaces that system with one in which video franchises are now issued by the California Public Utilities Commission (CPUC) rather than these local entities. DIVCA's goals, which the CPUC and its Communications Division staff implement, deal not only with video franchises, but with increasing the deployment o...

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