HomeMy WebLinkAbout2008-02-04 Ordinance 4990ORDINANCE NO. 4990
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 2.11.070 OF CHAPTER 2.11 OF TITLE 2 OF
THE PALO ALTO MUNICIPAL CODE TO ESTABLISH A FEE TO
SUPPORT PUBLIC, EDUCATION, AND GOVERNMENT ACCESS
THAT WILL APPLY TO COMCAST AS IT PROVIDES SERVICE
UNDER ITS STATE VIDEO FRANCHISE
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. The definitions set forth in Section 2.11.020 of Chapter 2.11
of Title 2 the Palo Alto Municipal Code shall apply to this ordinance.
SECTION 2. Section 2.11.070 of Chapter 2.11 of Title 2 of the Palo Alto
-----Municipal-Gods-ishereby-amended-to-read,as-follows:
"2:11-:-070Ptn51~Eaucation ana-Government-A:ccess Channel
Capacity and Support.
(a) PEG Channel Capacity.
(1) A state franchisee shall designate and activate seven (7) PEG
channels on its network. The state franchisee shall designate and activate the seven (7)
PEG channels within three (3) months from the date that the state franchisee receives a
state franchise to provide video service in an area including the City, provided, however,
that this three-month period shall be tolled for such a period, and only for such a period,
during which the state franchisee's ability to designate or provide such PEG capacity is
technically infeasible, as provided in Section 5870(a) of the California Public Utilities
Code.
(2) A state franchisee shall provide an additional PEG channel when
the standards set forth in Section 5870(d) of the California Public Utilities Code are
-""" "--satisfied by the City or any entity designated by the City to be responsible for PEG access channel capacity and support. ....................... ... .... ............................... .
(b) PEG Support.
(1) Amount of PEG support fee.
(A) Except as provided in subparagraphs (B) and (C), every
state franchisee operating within the jurisdictional boundaries of the City shall pay a PEG
support fee to the City in the amount of eighty-eight cents ($0.88) per month per
subscriber within the jurisdictional boundaries of the City.
(B) Upon the expiration of the Comcast Franchise or its earlier
tennination pursuant to Section 5840(0)(3) of the California Public Utilities Code, every
080102jb 0072974
state franchisee operating within the jurisdictional boundaries of the City shall pay a new
PEG support fee to the City in the amount of eighty-eight cents ($0.88) per month per
subscriber in the City.
(C) The PEG support fee established by the City pursuant to
paragraph (b)(1 )(B) shall expire with respect to a particular state franchisee upon the
expiration of that state franchisee's state franchise, and the City shall, by ordinance,
reauthorize the PEG support fee for that state franchisee upon such expiration.
(2) The PEG support fee shall be used by the City for PEG purposes
consistent with state and federal law.
(3) A state franchisee shall remit the PEG support fee to the City
quarterly within forty-five (45) days after the end of each calendar quarter. Each
payment shall be accompanied by a summary explaining the basis for the calculation of
------tlwPEG support-fee.
(4) If a state franchisee fails to pay the PEG support fee, when due, or
underpays the proper amount due, the state franchisee shall pay a late payment charge at
an annual interest rate equal to the highest prime lending rate during the period of
delinquency, plus one percent (1%) or the highest rate allowed by California law,
whichever is lower.
( c) PEG Carriage and Interconnection.
(1) State franchisees shall ensure that all PEG channels are receivable
by all subscribers, whether they receive digital or analog service, or a combination
thereof, without the need for any equipment other than that needed to receive the lowest
cost tier of service. PEG access capacity provided by a state franchisee shall be of
similar quality and functionality to that offered by commercial channels on the state
franchisee's lowest cost tier of service unless the PEG signal is provided to the state
franchisee at a lower quality or with less functionality.
(2) If a stateJranchis~ee ariduan mcumlient cable operato:rcan1l<it reach _____ ~ _______ _
a mutually acceptable interconnection agreement for PEG carriage, the City shall require
the incumbent cable operator to allow' the state franchisee to interconnect its network
with the incumbent cable operator's network at a technically feasible point on the state
franchisee's network as identified by the state franchisee. If no technically feasible point
of interconnection is available, the state franchisee shall make interconnection available
to the PEG channel originator and shall provide the facilities necessary for the
interconnection. The cost of any interconnection shall be borne by the state franchisee
requesting the interconnection unless otherwise agreed to by the parties.
(d) Institutional Network and Other In-Kind PEG Facilities and Cable
Service Support Obligations.
2
080102jb 0072974
The incumbent cable operator's obligation to provide and support PEG
channel facilities and institutional networks and to provide free cable service to schools
and other public buildings as provided in the Comcast Franchise shall continue until
July 25,2010."
SECTION 3. This ordinance is the ordinance that may be adopted in
accordance with the requirements of Section 5840(n) of the California Public Utilities
Commission, which requires the adoption of an ordinance to establish a PEG support fee
upon the expiration or termination of the Comcast Franchise.
SECTION 4. If any section of this ordinance, or part hereof, is held by a
court of competent jurisdiction in a final judicial action to be void, voidable or
enforceable, such section, or part hereof, shall be deemed severable from the remaining
sections of this ordinance and shall in no way affect the validity of the remaining sections
hereof.
SECTION 5. The Council hereby finds that this ordinance is exempt
from the provisions of the California Environmental Quality Act pursuant to Section
15061(b)(3) of the California Environmental Quality Act Guidelines, because it can be
seen with certainty that there is no possibility of significant environmental effects
occurring as a result of the adoption ofthis ordinance.
II
II
II
II
II
II
3
080102jb 0072974
SECTION 6. This ordinance shall become effective upon the
commencement of the thirty-first day after the date of its adoption.
INTRODUCED: January 22, 2008
PASSED: February 4,2008
AYES: BARTON, BURT, DREKMEIER, ESPTI'JOSA, KlSHIMOTO,
KLEIN, SCHMID, YEH
NOES:
ABSTENTIONS:
NOT PARTICIPATING: MORTON
ABSENT:
APPROVED:
APPROVED AS TO FORM:
~
Senior Asst. City Attorney
Services
4
080102 jb 0072974