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File #: 20-167    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/27/2020 Departments: PUBLIC WORKS
On agenda: 3/24/2020 Final action: 3/24/2020
Title: Adopt a resolution authorizing the President of the Board to execute a Memorandum of Understanding between the Members of the Amended and Restated Joint Exercise of Powers Agreement dated June 9, 2009, Relating to the Administration of Cable Television and Video Franchises.
Attachments: 1. 20200407_r_Cable JPA MOU, 2. 20200407_a_Cable JPA_MOU
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: James C. Porter, Director of Public Works
Subject: Memorandum of Understanding between the Members of the Amended and Restated Joint Powers Agreement - Cable Television and Video Franchises

RECOMMENDATION:
title
Adopt a resolution authorizing the President of the Board to execute a Memorandum of Understanding between the Members of the Amended and Restated Joint Exercise of Powers Agreement dated June 9, 2009, Relating to the Administration of Cable Television and Video Franchises.

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BACKGROUND:
On July 19, 1983, your Board adopted Resolution No. 044745, which authorized execution of Joint Exercise of Powers Agreement (JPA Agreement) with the City of Palo Alto (Palo Alto), City of Menlo Park, City of East Palo Alto, Town of Atherton (Atherton), County of San Mateo, and County of Santa Clara (JPA members) for the purpose of obtaining cable television services within these jurisdictions. Only portions of both counties are covered by the JPA Agreement. The JPA Agreement gives Palo Alto the sole authority to act on behalf of the JPA members and includes franchise and Public, Educational, and Government (PEG) access fee collection, PEG oversight, customer service issue oversight, and related activities with respect to all state franchise holders. Cable franchise holders provide compensation (franchise and PEG access fees) for the use of the JPA members' public rights-of-way.

The Digital Infrastructure and Video Competition Act of 2006 (DIVCA) went into effect January 1, 2007. DIVCA established a state franchising system administered by the Public Utilities Commission for video service providers. DIVCA allows for the payment of PEG support to the local authority, provided that the local authority enacts an ordinance establishing the PEG fee. On November 18, 2008, your Board adopted Ordinance No. 04453, which repealed and replaced section...

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