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File #: 16-817    Version: 1 Name:
Type: Memo Status: Passed
File created: 11/20/2017 Departments: PUBLIC WORKS
On agenda: 12/12/2017 Final action: 12/12/2017
Title: Introduction of an ordinance reauthorizing Section 5.104.040 subsection (b) of Chapter 5.104 of Title 5 of the San Mateo County Ordinance Code Governing Cable Television Franchises in conformance with the California Digital Infrastructure and Video Competition Act of 2006, and waive the reading of the ordinance in its entirety.
Attachments: 1. 20171212_io_PEG Fee Ordinance Code_v2 final
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: James C. Porter, Director of Public Works
Subject: Reauthorization Ordinance Codes Conforming to the California Digital Infrastructure and Video Competition Action of 2006

RECOMMENDATION:
title
Introduction of an ordinance reauthorizing Section 5.104.040 subsection (b) of Chapter 5.104 of Title 5 of the San Mateo County Ordinance Code Governing Cable Television Franchises in conformance with the California Digital Infrastructure and Video Competition Act of 2006, and waive the reading of the ordinance in its entirety.

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BACKGROUND:
On November 18, 2008, your Board adopted Ordinance No. 04453, which repealed and replaced Sections 5.104.010 through 5.104.060 and adding Sections 5.104.070 through 5.104.120 to Chapter 5.104 of Title 5 of the San Mateo County Ordinance Code Governing Cable Television Franchises to Conform to the California Digital Infrastructure and Video Competition Act of 2006.

DISCUSSION:
The Digital Infrastructure and Video Competition Act of 2006 (DIVCA) was passed by the State Legislature, signed by the Governor, and chaptered into law on September 28, 2006 (AB2987). DIVCA became effective on January 1, 2007. DIVCA provides for state-wide franchising for video providers, which is administered by the California Public Utilities Commission (CPUC) with certain rights delegated to local authorities.

DIVCA was initiated at the request of the telephone industry as a method to streamline their entrance into the cable television market. Cable companies have been offering "bundled" service packs to subscribers including cable service, high speed internet, and telephone service. Without cable franchises, the telephone companies were unable to provide video service in most locations and could not match this bundling package. They were concerned that negotiating individual franchise agreements with cities, counties, and other muni...

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