HomeMy WebLinkAbout98-18 Adopting a Telecommunications Regulatory OrdinanceORDINANCE NO. 9F -/F
AN ORDINANCE OF THE CITY OF COSTA MESA
ADOPTING A TELECOMMUNICATIONS REGULATORY
ORDINANCE AND AMENDING IN ITS ENTIRETY
CHAPTER 1 OF TITLE 19 OF THE COSTA MESA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 1 of Title 19 of the Costa Mesa
Municipal Code is amended in its entirety to read as follows:
"CHAPTER 1. TELECOMMUNICATIONS REGULATORY ORDINANCE
ARTICLE 1. GENERAL PROVISIONS
Sec. 19-01. Title
This chapter is known and may be cited as the
"Telecommunications Regulatory Ordinance" of the City of Costa
Mesa.
Sec. -19-02. Purpose and Intent
(A) The City Council finds and determines as
follows:
(1) The development of cable television and
other telecommunications systems may provide significant benefits
for, and have substantial impacts upon, the residents and the
business community of the City.
(2) Because of the complex and rapidly
changing technology.associated with telecommunications services
and systems, the public convenience, safety, and general welfare
can best be served by establishing regulatory powers to be
exercised by the City.
(3) This chapter is intended to establish
regulatory provisions that authorize the City to regulate cable
television and telecommunications services and systems to the
extent authorized by federal and state law, including but not
limited to the federal Cable Communications Policy Act of 1984
(47 U.S.C. §§ 151, et sea.), as amended by the federal Cable
Television Consumer and Competition Act of 1992 and the federal
Telecommunications Act of 1996, applicable regulations of the
Federal Communications Commission, and applicable California
statutes and regulations.
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. (B) The purpose and intent of the ordinance
codified in this chapter Is to provide for the attainment of the
following objectives:
(1) To enable the City to discharge its
public trust in a manner consistent with rapidly evolving federal
and state regulatory policies, industry competition, and
technological development.
(2) To authorize and to manage reasonable
accessto the City's public rights-of-way and public property for
telecommunications purposes on a competitively neutral and
nondiscriminatory basis.
(3) To obtain fair and reasonable
compensation for the City and its residents for authorizing the
private use of the public rights-of-way and public property,
which are recognized to be valuable public assets held in trust
by the City.
(4) To foster and to promote competition in
cable television and telecommunications services, minimize
unnecessary local regulation of cable television and
telecommunications service providers, and encourage the delivery,
of advanced and competitive cable television and
telecommunications services on the broadest possible basis to
local government and to the businesses, institutions, and
residents of the City.
(5) To establish clear local guidelines,
standards, and time frames for the exercise of local authority
with respect to the regulation of cable television and
telecommunications service providers, including the establishment
and enforcement of customer service standards and technical
standards.
(6) To encourage the profitable deployment
of advanced telecommunications infrastructures that satisfy local
needs, deliver enhanced government services, and provide informed
consumer choices in an evolving telecommunications market.
Sec. 19-03. Defined Terms and Phrases
Various terms and phrases used in this chapter are
defined below in Article 5, Section 19-16.
ARTICLE 2. CABLE TELEVISION SYSTEMS
Sec. 19-04. Authority and Findings
(A) In accordance with applicable federal and
state law, the City is authorized to grant one or more
nonexclusive franchises to construct, reconstruct, operate, and
maintain cable television systems within the City limits.
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(B) The City Council finds that the development
of cable television and related telecommunications services may
provide significant benefits for, and substantial impacts upon,
the residents and the business.community of the City. Because of
the complex and rapidly changing technology associated with cable
services, the City Council further finds that the public
convenience, safety, and general welfare can best be served by
establishing regulatory powers to be exercised by the City. This
Article 2 is intended to specify the means for providing to the
public the best possible cable television and related -
telecommunications services, and every franchise issued in
accordance with this Article 2 is intended to achieve this
primary objective. It is the further intent of this Article 2 to
adopt regulatory provisions that will enable the City to regulate
cable television and related telecommunications services to the
maximum extent authorized by federal and state law.
Sec. 19-05. Franchise Terms and Conditions
(A) Franchise Purposes
A franchise -granted by the City under the
provisions of this article may authorize the Grantee to do the
following:
(1) To engage in the business of providing
cable service and such other telecommunications services as may
be authorized by law and which Grantee elects to provide to its
subscribers within the designated franchise service area.
(2) To maintain and operate the franchise
properties for the origination, reception, transmission,
amplification, and distribution of television and radio signals,
and for the delivery of cable services and such other services as
may be authorized by law.
(3) To erect, install, construct, repair,
rebuild, reconstruct-, replace, maintain, and retain, cable lines,
related electronic equipment, supporting structures,
appurtenances, and other property in connection with the
operation of the cable system in, on, over, under, upon, along
and across streets or other public places within the designated
franchise service area.
(B) Franchise Reauired
It is unlawful for any person to construct,
install, or operate a cable television system within any street
or public way in the City without first obtaining a franchise
under the provisions of this article.
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(C) Term of the Franchise
(1) A franchise granted under this article
will be--for-the term specified in the franchise agreement,
commencing upon the effective date of the ordinance or resolution
adopted by the City Council that authorizes the franchise.
(2) A franchise granted under this article
may be renewed upon application by the Grantee in accordance with
the then -applicable provisions of state and federal law and of
this article.
(D) Franchise Territory
A franchise is effective within the territorial
limits of the City, and within any area added to the City during
the term of the franchise, unless otherwise specified in the
ordinance or resolution granting the franchise or in the
franchise agreement.
(E) Federal or State Jurisdiction
This article will be construed in a manner
consistent with all applicable federal and state laws, and it
applies to all franchises granted or renewed after the effective
date of this article, to the extent authorized by applicable law.
(F) Franchise Non -Transferable
(1) Grantee may not sell, transfer, lease,
assign, sublet, or dispose of, in whole or in part, either by
forced or involuntary sale, or by ordinary sale, contract,
consolidation, or otherwise, the franchise or any of the rights
or privileges therein granted, without the prior consent of the
City Council and then only upon such terms and conditions as may
be prescribed by the City Council, which consent may not be
unreasonably denied*or delayed. Any attempt_to sell, transfer,
lease, assign, or otherwise dispose of the franchise without the
consent of the City Council is null and void. The granting of a
security interest in any assets of the Grantee, or any mortgage
or other hypothecation, will not be deemed a transfer for the
purposes of this subsection.
(2) The requirements of subsection (1) apply
to any change in control of Grantee. The word "control" as used
herein is not limited to the ownership of major stockholder or
partnership interests, but includes actual working control in
whatever -manner exercised. If Grantee is a corporation, prior
authorization of the City Council is required where ownership or
control of fifty percent (500) or more of the voting stock of
Grantee is acquired by a person or a group of persons acting in
concert, none of whom, singularly or collectively, owns or
controls the voting stock of the Grantee as of the effective date
of the franchise.
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(3) Grantee must notify the City in writing
of any foreclosure or judicial sale of all or a substantial part
of the Grantee's franchise property. That notification will be
considered by the City as notice that a change in control of
ownership of the franchise has taken place, and the provisions of
this paragraph that require the prior consent of the `City Council
to that change in control of ownership will apply.
(4) For the purpose of determining whether
it will consent to an acquisition, transfer, or change in
control, the City may inquire as to the qualifications of the
prospective transferee or controlling party,.and Grantee must
assist the City in that inquiry. In seeking the City's consent
to'any change of ownership or control, Grantee or the proposed
transferee, or both, must complete Federal Communications -
Commission Form 394 or its equivalent. This application must be
submitted to the City not less than one hundred twenty (120) days
prior to the proposed date of transfer. The transferee must
establish that it possesses the legal, financial, and technical
capability to operate and maintain the cable system and to comply
with all franchise requirements during the remaining term of the
franchise. If the legal, financial, and technical qualifications
of the applicant are satisfactory, the City will consent to the
transfer of the franchise. The consent of the City to that
transfer will not be unreasonably denied or delayed.
(5) Any financial institution holding a
pledge of the Grantee's assets to secure the advance of money for
the construction or operation of the franchise property has the
right to notify the City that it, or a designee satisfactory to
the City, will take control of and operate the cable television
system upon Grantee's default in -its financial obligations.
Further, that financial institution must also submit a plan for
such operation within ninety (90) days after assuming control.
The plan must insure continued service and compliance with all
franchise requirements during the period that the financial
institution will exercise control over the system. The financial
institution may not exercise control over the system for a period
exceeding one year unless authorized by the City,.in its sole
discretion, and during that period of time it will have the right
to petition the City to transfer the franchise to another
Grantee.
(6) Grantee must reimburse the City for the
City's reasonable review and processing expenses incurred in
connection with any transfer or change in control of the
franchise. These expenses may include, without limitation, costs
of administrative review, financial, legal, and technical
evaluation of the proposed transferee, consultants (including
technical and legal experts and all costs incurred by these
experts), notice and publication costs, and document preparation
expenses. The total amount of these reimbursable expenses may be
subject to maximum limits that are specified in the franchise
agreement between the City and the Grantee. No reimbursement may
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be offset against any franchise fee payable to the City during
the remaining term.of the franchise.
(G) Geographical Coverage
(1) Grantee must design, construct, and
maintain the cable television system so as to have the capability
to pass every dwelling unit in the City, subject to any service -
area line extension requirements of the franchise agreement;
provided, however, that if additional territory is annexed to the
City after the effective date of a cable television franchise
agreement, and an incumbent cable operator is then serving that
annexed territory, the.Grantee will not be required to overbuild
in order to provide cable service to dwelling units in that
territory.
(2) After service has been established by
activating trunk or distribution cables for any service area,
Grantee must provide service to any requesting subscriber in that
service area within thirty (30) days from the date of request,
provided that the Grantee is able to secure on reasonable terms
and conditions all rights-of-way necessary to extend service to
that subscriber within that thirty (30) day period. Service to
prospective subscribers residing in multiple dwelling units need
only be provided if, after evaluating terms and conditions for
access that may_ be imposed by an owner or manager of such
multiple dwelling units, a Grantee determines that those terms
and conditions are reasonably acceptable.
(H) Nonexclusive Franchise
Every franchise granted is nonexclusive. The City
specifically reserves the right to grant, at any time, such
additional franchises for a cable television system, or any
component thereof, as it deems appropriate, subject to applicable
state and federal law. If an additional franchise is proposed to
be granted to a subsequent Grantee, a noticed public hearing must
first be held in accordance with the provisions of Government
Code § 53066.3.
(I) Multiple Franchises
(1) The City may grant any number of
franchises, subject to applicable state and federal law. The
City may limit the number of franchises granted, based upon, but
not necessarily limited to, the requirements of applicable law
and specific local considerations, such as:
(a) The capacity of the public
rights-of-way to accommodate multiple cables in addition to the
cables, conduits, and pipes of the existing utility systems, such
as electrical power, telephone, gas, and sewerage.
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(b) The benefits that may accrue to
subscribers as a result of cable system competition, such as
lower rates and improved service.
(c) The disadvantages that may result
from cable system competition, such as the requirement for
multiple pedestals on residents' property, and the disruption
arising from numerous excavations within the public rights-of-
way.
(2) The City may require that any new
Grantee be responsible for its own underground trenching and the
associated costs if, in the City's opinion, the rights-of-way in
any particular area cannot reasonably accommodate additional
cables.
Sec. 19-06. Franchise Applications and Renewal
(A) Filing of Applications
Any person desiring an initial franchise for a
cable television system must file an application with the City.
A reasonable nonrefundable application fee in an amount
established by resolution of the City Council must accompany the
application. That application fee will cover all costs
associated with reviewing and processing the application,
including without limitation costs of administrative review,
financial, legal, and technical evaluation of the applicant,
consultants (including technical and legal experts and all costs
incurred by those experts), notice and publication requirements,
and document preparation expenses. If those costs exceed the
application fee, the applicant must pay the difference to the
City within thirty (30) days following receipt of an itemized
statement of those costs.
(B) Applications - Contents
An application for an initial franchise for a
cable television system must contain, as applicable:
(1) A statement as to the proposed franchise
service area.
(2) A resume of the applicant's prior
history, including the experience and expertise of the applicant
in the cable television and telecommunications industry.
(3) A list of the partners, general and
limited, of the applicant, if a partnership, or the percentage of
stock owned or controlled by each stockholder, if a closely -held
corporation. If the applicant is a publicly -owned corporation,
each owner of 10 percent or more of the issued and outstanding
capital stock must be identified.
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(4) A list of officers, directors, and
managing employees of the applicant, together with a description
of the background of each person on that list.
(5) The names and addresses of any parent or
subsidiary of the applicant, or any other business entity owning
or controlling applicant in whole or in part, or that is owned or
controlled in whole or in part by the applicant.
(6) A current financial statement of the
applicant verified by a certified public accountant or otherwise
certified to be true, complete, and correct to the reasonable
satisfaction of the City.
(7) The proposed construction and service
schedule, the proposed rate structure for cable services, and the
proposed commitment to provide public, educational, and
governmental access channel capacity, services, facilities, and
equipment.
(8) Any additional information that the City
deems to be reasonably necessary.
(C) Consideration of Initial Apnlications
(1) Upon receipt of an application for an
initial franchise, the City Manager or the City Manager's
designee must prepare a report and make recommendations to the
City Council concerning that application, including without
limitation the applicant's legal, financial, and technical
qualifications.
(2) A public hearing will be noticed prior
to any initial franchise grant, at a time and date approved by
the City Council. Within thirty (30) days after the close of the
hearing, the City Council will make a decision based upon the
evidence received at the hearing as to whether the franchise
should be granted, and, if granted, subject to what conditions.
The City Council may grant one or more franchises, or may decline
to grant any franchise.
(D) Franchise Renewal
Franchise renewals will be processed in accordance
with then -applicable law. The City and Grantee, by mutual
consent, may enter into renewal negotiations at any time during
the term of the franchise.
Sec. 19-07. Contents of Cable Television Franchise
Agreements
(A) The terms and provisions of a franchise
agreement for the operation of a cable television or related
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telecommunications services may relate to or include, without
limitation, the following subject matters:
(1) The nature, scope, geographical area,
and duration of the franchise.
(2) The applicable franchise fee to be paid
to the City, including the percentage amount, the method of
computation, and the time for payment.
(3) Requirements relating to compliance with
and implementation of state and federal laws and regulations
pertaining to the operation of the cable television system.
(4) Requirements relating to the
construction, upgrade, or rebuild of the cable television system,
as well as the provision of special services, such as outlets for
public buildings, emergency alert capability, and parental
control devices.
(5) Requirements relating to the maintenance
of a performance bond, a security fund, a letter of credit, or
similar assurances to secure the performance of the Grantee's
obligations under the franchise agreement.
(6) Requirements relating to comprehensive
liability insurance, workers' compensation insurance, and
indemnification.
(7) Requirements relating to consumer
protection and customer service standards, including the
resolution of subscriber complaints and disputes and the
protection of subscribers' privacy rights.
(8) Requirements relating to the Grantee's
support of local cable usage, including the provision of public,
educational, and governmental access channels, the coverage of
public meetings and special events, and financial or technical
support for public, educational, and governmental access
channels.
(9) Requirements relating to construction,
operation, and maintenance of the cable television system within
the public rights-of-way, including compliance with all
applicable building codes and permit requirements of the City,
the abandonment, removal, or relocation of facilities, and
compliance with FCC technical standards.
(10) Requirements relating to recordkeeping,
accounting procedures, reporting, periodic audits, and
performance reviews, and the inspection of Grantee's books and
records.
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(11) Acts or omissions constituting material
breaches of or defaults under the franchise agreement, and the
applicable penalties or remedies for such breaches or defaults,
including fines, penalties, liquidated damages, suspension,
revocation, and termination.
(12) Requirements relating to the sale,
assignment, or other transfer or change in control of the
franchise.
(13) The Grantee's obligation to maintain
continuity of service and to authorize, under certain specified
circumstances, the City's operation and management of the cable
system.
(14) Such additional requirements,
conditions, policies, and procedures as may be mutually agreed
upon by the parties to the franchise agreement and that will, in
the judgment of City staff and the City Council, best serve the
public interest and protect the public health, welfare, and
safety.
(B) If there is any conflict or inconsistency
between the provisions of a franchise agreement authorized by the
City Council and provisions of this Article 2, the provisions of
the franchise agreement will control.
ARTICLE 3. OPEN VIDEO SYSTEMS
Sec. 19-08. Aonlicabilit
The provisions of this Article 3 are applicable to
an open video system operator, as defined below in Article 5,
that intends to deliver video programming to consumers in the
City over an open video system, as authorized by 47 CFR Part 76.
Sec. 19-09. Application Required
(A) Before commencing the delivery of video
programming services to consumers in the City over an open video
system, the open video system operator must file an application
with the City. That application must include or be accompanied
by the following, as applicable:
(1) The identity of the applicant, including
all affiliates of the applicant.
(2). Copies of FCC Form 1275, all "Notices of
Intent" filed under 47 CFR § 76.1503(b)(1), and the Order of the
FCC, all of which relate to certification of the applicant to
operate an open video system in accordance with Section 653(a)(1)
of the Communications Act and the FCC's rules.
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(3) The area or areas of the City that the
applicant desires to serve.
(4) A description of the open video system
services that will be offered by the applicant over its existing
or proposed facilities.
(5) A description of the transmission medium
that will be used by the applicant to deliver the open video
system services.
(6) Information in sufficient detail to
establish the applicant's technical qualifications, experience,
and expertise regarding the ownership and operation of the open
video system described in the application.
(7) Financial statements prepared in
accordance with generally accepted accounting principles that
demonstrate the applicant's financial ability to:
(a) Construct, operate, maintain and
remove any new physical plant that is proposed to be constructed
in the City.
(b) Comply with the City's public,
educational, and governmental access requirements as specified
below in Section 19-11 (B) (4) .
(c) Comply with the City's requirement
that gross revenue fees be paid in the sum of five percent (50),
as specified below in Section 19-11(B)(2).
(8) An accurate map showing the location of
any existing telecommunications facilities in the City that the
applicant intends to use, to purchase, or to lease.
(9) If the applicant's operation of the open
video system will require the construction of new physical plant
and facilities in the City, the following additional information
must be provided:
(a) A preliminary construction schedule
and completion dates.
(b) Preliminary engineering plans,
specifications, and a network map of any new facilities to be
constructed in the City, in sufficient detail to identify:
(i) The location and route
requested for the applicant's proposed facilities.
(ii) The locations, if any, for
interconnection with the facilities of other telecommunications
service providers.
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(iii) The specific structures,
improvements, facilities, and obstructions, if any, that the
applicant proposes to remove or relocate on a temporary or
permanent basis.
(c) The applicant's statement that, in
constructing any new physical plant, the applicant will comply
with all applicable ordinances, rules, and regulations of the
City, including the payment of all required permit and processing
fees..
(10) The information and documentation that
is required to be submitted to the City by a video provider, as
specified below in -paragraph (B) of Section -19-13.
(11) Such additional information as may be
requested by the City Manager.
(12) A nonrefundable filing fee in an amount
established by resolution of the City Council.
(B) If any item of information specified above in
paragraph (A) is determined under paramount federal or state law
to be unlawful, the City Manager is authorized to waive the
requirement that such information be included in the application.
Sec.'19-10. Review of the Application
Within 30 days after receipt of an application
filed under Section 19-09 that is deemed to be complete, the City
Manager will give written notice to the applicant of the City's
intent to negotiate an agreement setting forth the terms and
conditions under which the operation of the proposed open video
system will be authorized by the City. The commencement of those
negotiations will be on a date that is mutually acceptable to the
City and to the applicant.
Sec. 19-11. Agreement Required
(A) No video programming services may be provided
in the City by an open video system operator unless the operator
and the City have executed a written agreement setting forth the
terms and conditions under which the operation of the proposed
open video system will be authorized by the City.
(B) The agreement between the City and the open
video system operator may contain terms and conditions that
relate to the following subject matters, to the extent that such
terms, conditions, and subject matters are not preempted by
federal statute or regulations:
(1) The nature, scope, and duration of the
agreement, including provisions for its renewal or extension.
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(2) The obligation of the open video system
operator to pay to the City, at specified times, fees on the
gross revenues received by the operator, as authorized by 47 CFR
§ 76.1511, in accordance with the following standards and
procedures:
(a) The amount of the fees on the gross
revenues will be five percent (50), and will be paid in lieu of
the franchise fees permitted under Section 622 of the
Communications Act.
(b) The term "gross revenues" means
(i) all gross revenues received by an open video system operator
or its affiliates, including all revenues received from
subscribers and all carriage revenues received from unaffiliated
video programming providers; and (ii) all advertising revenues
received by the operator or its affiliates in connection with the
provision of video programming, where these revenues are included
in the calculation of the cable franchise fee paid to the City by
the franchised cable operator. The term "gross revenues" does
not include revenues, such as subscriber or advertising revenues,
collected by unaffiliated video programming providers.
(3) The obligation of the open video system
operator to comply with requirements relating to information
collection and-recordkeeping, accounting procedures, reporting,
periodic audits, and inspection of records in order to ensure the
accuracy of the fees on the gross revenues that are required to
be paid as specified above in paragraph (B)(2).
(4) The obligation of the open video system
operator to meet the City's requirements with respect to public,
educational, and governmental access channel capacity, services,
facilities, and equipment, as provided for in 47 CFR § 76.1505.'
In this regard, the following standards and procedures are
applicable:
(a) The open video system operator is
subject to the same public, educational, and governmental access
requirements that apply within the cable television franchise
service area with which its system overlaps.
(b) The open video system operator must
ensure that all subscribers receive all public, educational, and
governmental access channels within the franchise service area in
which the City's subscribers are located.
(c) The open video system operator may
negotiate with the City to establish the operator's obligations
with respect to public, educational, and governmental access
channel capacity, services, facilities, and equipment. These
negotiations may include the City's franchised cable operator if
the City, the open video system operator, and the franchised
cable operator so desire.
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(d) If the open video system operator
and the City are unable to reach an agreement regarding the
operator's obligations with respect to public, educational, and
governmental access channel capacity, services, facilities, and
equipment within the City's jurisdiction, then the following
obligations will be imposed:
(i) The open video system operator
must satisfy the same public,'educational, and governmental
access obligations as the City's franchised cable operator by
providing the same amount of channel capacity for public,
educational, and governmental access and by matching the City's
franchised cable operator's annual financial contributions in
support of public, educational, and governmental access services,
facilities, and equipment that are actually used by the City.
For in-kind contributions, such as cameras or production studios,
the open video system operator may satisfy its statutory
obligation by negotiating mutually agreeable terms with the
City's franchised cable operator, so that public, educational,
and governmental access services to the City are improved or
increased. If these terms cannot be agreed upon, the open video
system operator must pay to the City the monetary equivalent of
the franchised cable operator's depreciated in-kind contribution,
or, in the case of facilities, the annual amortization value.
Any matching contributions provided by the open video system
operator must be used to fund activities arising under
Section 611 of the Communications Act..
(ii) The City will impose upon the
open video system operator the same rules and procedures that it
imposes upon the franchised cable operator with regard to the
open video system operator's use of channel capacity designated
for public, educational, and governmental access use when that
capacity is not being used for these purposes.
(e) The City's franchised cable
operator is required under federal law to permit the open video
system operator to connect with its public, educational, and
governmental access channel feeds. The open video system
operator and the franchised cable operator may decide how to
accomplish this connection, taking into consideration the
physical and technical characteristics of the cable and the open
video systems involved. If the franchised cable operator and the
open video system operator cannot agree on how to accomplish the
connection, the City has the right to decide. The City may
require that the connection occur on City -owned property or on
public rights-of-way.
(f) All costs of connection to the
franchised cable operator's public, educational, and governmental
access channel feed must be borne by the open video system
operator. These costs will be counted towards the open video
system operator's matching financial contributions set forth
above in subparagraph (d)(i).
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(g) The City will not impose upon the
open video system operator any public, educational, or
governmental access obligations that are greater than those
imposed upon the franchised cable operator.
(h) If there is no existing franchised
cable operator, the provisions of 47 CFR § 76.1505(d)(6) will be
applicable in determining the obligations of the open video
system operator.
(i) The open video system operator must
adjust its system to comply with new public, educational, and
access obligations imposed on the City's franchised cable
operator following a renewal of the -cable television franchise;
provided, however, that the open video system operator will not
be required to displace other programmers using its open video
system to accommodate public, educational, and governmental
access channels. The open video system operator must comply with
these new public, educational, and governmental access
obligations whenever additional capacity is or becomes available,
whether it is due to increased channel capacity or to decreased
demand for channel capacity.
(5) If the City and the open video system
operator cannot agree as to the application of the FCC's rules
regarding the open video system operator's obligations to provide
public, educational, and governmental access under the provisions
of subsection (4) set forth above, then either party may file a
complaint with the FCC in accordance with the dispute resolution
procedures set forth in 47 CFR § 76.1514. No agreement under
this Section 19-11 authorizing an applicant to provide services
over an open video system will be executed by the City until the
dispute has been finally resolved.
(6) If the open video system operator
intends to maintain an institutional network, as defined in
Section 611(f) of the Communications Act, the City will require
that educational and governmental access channels be designated
on that institutional network to the same extent that those
channels are designated on the institutional network of the
City's franchised cable operator.
(7) The authority -of an open video system
provider to exercise editorial control over any public,
educational, or governmental use of channel capacity will be
restricted in accordance with the provisions of 47 CFR
§ 76.1505 (f) .
(8) The obligation of the open video system
operator to comply with all applicable federal and state statutes
and regulations relating to customer service standards, including
the Cable Television and Video Customer Service and Information
Act (Government Code §§ 53054, et seg.), and the Video Customer
Service Act (Government Code §§ 53088, et sea.)
980526 11218-00003 syc 0593592 0 — 15
(9) If new physical plant is proposed to be
constructed within the City, the obligation of the open video
system operator to comply with the following rights-of-way use
and management responsibilities that are also imposed by the City
upon other telecommunications service providers in a
nondiscriminatory and competitively neutral manner:
(a) Compliance with all applicable City
building and zoning codes, including applications for excavation,
encroachment, and construction permits and the payment of all
required permit and inspection fees.
(b) The coordination of construction
requirements.
(c) Compliance with established
standards and procedures for constructing lines across private
property.
(d) Compliance with all applicable
insurance and indemnification requirements imposed by the City.
(e) The repair and resurfacing of
construction -damaged streets.
(f) Compliance with all public safety
requirements that are applicable to telecommunications service
providers using public property or public rights-of-way.
(10) Acts or omissions constituting breaches
or defaults of the agreement, and the applicable penalties,
liquidated damages, and other remedies, including fines or the
suspension, revocation, or termination of the agreement.
(11) Requirements relating to the sale,
assignment, or transfer of the open video system.
(12) Requirements relating to the open video
system operator's compliance with and implementation of state and
federal laws, rules, and regulations pertaining to the operation
of the open video system.
(13) Such additional requirements,
conditions, terms, policies, and procedures as may be mutually
agreed upon by the City and the open video system operator and
that will, in the judgment of the City Council, best serve the
public interest and protect the public health, welfare, and
safety.
ARTICLE 4. OTHER TELECOMMUNICATIONS SERVICES AND
SYSTEMS
Sec. 19-12. Other Multichannel Video Programminct
Distributors
980526 11218-00003 syc 0593592 0 — 1G —
The term "cable system," as defined in federal.law and
as set forth in Article 5 below, does not include a facility that
serves subscribers without using any public rights-of-way.
Consequently, the categories of multichannel video programming
distributors identified below are not deemed to be "cable
systems" and are therefore exempt under federal law from the
City's franchise requirements and from certain other local
regulatory provisions authorized by federal law, provided that
their distribution or transmission facilities do not involve the
use of the City's public rights-of-way.
(A) Multichannel multipoint distribution service
(MMDS"), also known as "wireless cable," which typically involves
the transmission by an FCC -licensed operator of numerous
broadcast stations from a central location using line -of -sight
technology.
(B) Local multipoint distribution service
("LMDS"), another form of over -the -air wireless video service for
which licenses are auctioned by the FCC, and which offers video
programming, telephony, and data networking services.
(C) Direct broadcast satellite ("DBS"), also
referred to as "direct -to -home satellite services," which
involves the distribution or broadcasting of programming or
services by satellite directly to the subscriber's premises
without the use of ground receiving or distribution equipment,
except at the subscriber's premises or in the uplink process to
the satellite. Local regulation of direct -to -home satellite
services is further proscribed by the following federal statutory
provisions:
(1) 47 U.S.C. § 303(v) confers upon the FCC
exclusive jurisdiction to regulate the provision of direct -to -
home satellite services.
.(2) Section 602 of the Communications Act
states that a provider of direct -to -home satellite service is
exempt from the collection or remittance, or both, of any tax or
fee imposed by any local taxing jurisdiction on direct -to -home
satellite service. The terms "tax" and "fee" are defined by
federal statute to mean any local sales tax, local use tax, local
intangible tax, local income tax, business license tax, utility
tax, privilege tax, gross receipts tax, excise tax, franchise
fees, local telecommunications tax, or any other tax, license, or
fee that is imposed for the privilege of doing business,
regulating, or raising revenue for a local taxing jurisdiction.
Sec. 19-13. Video Providers - Registration; Customer
Service Standards
(A) Unless the customer protection and customer
service obligations of a video provider, as that term is defined
in Article 5, are specified in a franchise, license, lease, or
980526 11218-00003 syc 0593592 0 — 17 —
similar written agreement with the City, a video provider must
comply with all applicable provisions of the following state
statutes:
(1) The Cable Television and Video Customer
Service and Information Act (Government Code
§§ 53054, et sect.) .
(2) The Video Customer Service Act
(Government Code §§ 53088, et seg.)
(B) All video providers that are operating in the
City on the effective date of this chapter, or that intend to
operate in the City after the effective date of this chapter,
must register with the City; provided, however, that this
registration requirement is not applicable to any video provider
that has executed a franchise, license, lease or similar written
agreement with the City. The registration form must include or
be accompanied by the following:
(1) The video provider's name, address, and
local telephone numbers, including a 24-hour
telephone number for emergency service.
(2) The names of the officers, the general
manager, and principal technical staff
members of the video provider.
(3) A copy of the video provider's written
policies and procedures relating to customer
service standards and the handling of
customer complaints, as required by
Government Code §§ 53054, et seq. These
customer service standards must include,
without limitation, standards regarding the
following:
(a) Installation, disconnection,
service and repair obligations, employee
identification, and service call
response time and scheduling.
(b) Customer service telephone and
office hours.
(c) Procedures for billing, charges,
refunds, and credits.
(d) Procedures for termination of
service.
(e) Notice of the deletion of a
programming service, the changing of
980526 11218-00003 syc 0593592 0 — 18 —
channel assignments, or an increase in
rates.
(f) Complaint procedures and procedures
for bill dispute resolution.
(g) The video provider's written
commitment to distribute annually to the
City, and to the provider's employees
and customers, a notice describing the
customer service standards specified
above in subparagraphs (a) through (f).
This annual notice must include the
report of the video provider on its
performance in meeting its customer
service standards, as required by
Government Code § 53055,2.
(4) Unless a video provider is exempt under
federal law from its payment, a registration
fee in an amount established by resolution of
the City Council to cover the reasonable
costs incurred by the City in reviewing and
processing the registration form.
(5) In addition to the registration fee
specified above in subsection (4), the
written commitment of the video provider to
pay to the City, when due, all costs and
expenses reasonably incurred by the City in
resolving any disputes between the video -
provider and its subscribers, which dispute
resolution is mandated by Government Code
§ 53088.2 (o) .
(C) The City Council may establish by ordinance a
schedule of monetary penalties for the material breach by a video
provider of its obligations under subparagraphs (a) through (n)
of Government Code § 53088.2. As used herein, the term "material
breach" means any substantial and repeated failure to comply with
the consumer service standards set forth in Government Code
§ 53088.2. The provisions of that ordinance must be consistent
with the provisions of Government Code § 53088.2. The schedule
of monetary penalties may also impose a penalty, as authorized by
Government Code § 53056(a), for the failure of a video provider
to distribute the annual notice required by Government Code
§ 53055.1, which penalty may not exceed $500 for each year in
which the notice is not distributed as required by state statute.
Sec. 19-14. Antennas For Telecommunications Services
The City's Zoning Code sets forth the City's regulatory
requirements relating to the siting and construction of various
980526 11218-00003 syc 0593592 0 — 19 —
types of antennas that are commonly used in providing or
receiving telecommunications services.
Sec. 19-15. Telecommunications Service Provided By
Telephone Corporations
(A) The City Council finds and determines as
follows:
(1) The federal Telecommunications Act of
1996 preempts and declares invalid all state rules that restrict
entry or limit competition in both local and long-distance
telephone service.
(2) The California Public Utilities
Commission ("CPUC") is primarily responsible for the
implementation of local telephone competition, and it issues
certificates of public convenience and necessity to new entrants
that are qualified to provide competitive local telephone
exchange services and related telecommunications service, whether
using their own facilities or the facilities or services provided
by other authorized telephone corporations.
(3) Section 234(a) of the California Public
Utilities Code defines a "telephone corporation" as "every
corporation or -person owning, controlling, operating, or managing
any telephone line for compensation within this state.!'
(4) Section 616 of the California Public
Utilities Code provides that a telephone corporation "may condemn
any property necessary for the construction and maintenance of
its telephone line."
(5) Section 2902 of the California Public
Utilities Code authorizes municipal corporations to retain their
powers of control to supervise and regulate the relationships
between a public utility and the general public in matters
affecting the health, convenience, and safety of the general
public, including matters such as the use and repair of public
streets by any public utility and the location of the poles,
wires, mains, or conduits of any public utility on, under, or
above any public streets.
(6) Section 7901 of the California Public
Utilities Code authorizes telephone and telegraph corporations to
construct telephone or telegraph lines along and upon any public
road or highway, along or across any of the waters or lands
within this state, and to erect poles, posts, piers, or
abatements for supporting the insulators, wires, and other
necessary fixtures of their lines, in such manner and at such
points as not to incommode the public use of the road or highway
or interrupt the navigation of the waters.
980526 11218-00003 syc 0593592 0 — 20
(7) Section 7901.1 of the California Public
Utilities Code confirms the right of municipalities to exercise
reasonable control as to the time, place, and manner in which
roads, highways, and waterways are accessed, which control must
be applied to all entities in an equivalent manner, and may
involve the imposition of fees.
(8) Section 50030 of the California
Government Code provides that any permit fee imposed by a city
for the placement, installation, repair, or upgrading of
telecommunications facilities, such as lines, poles, or antennas,
by a telephone corporation that has obtained all required
authorizations from the CPUC and the FCC to provide
telecommunications services, must not exceed the reasonable costs
of providing the service for which the fee is charged, and must
not be levied for general revenue purposes.
(B) In recognition of and in compliance with the
statutory authorizations and requirements. set forth above in
paragraph (A), the following regulatory provisions are applicable
to a telephone corporation that desires to provide
telecommunications service by means of facilities that are
proposed to be constructed within the City's public rights-of-
way:
(1) The telephone corporation must apply for
and obtain, as may be applicable, an excavation permit, an
encroachment permit, or a building permit ("ministerial permit.")
.(2) In addition to the information required
by this Code in connection with an application for a ministerial
permit, a telephone corporation must submit to the City 'the
following supplemental information:
(a) A copy of the certificate of public
convenience and necessity issued by the CPUC to the applicant,
and a copy of the CPUC decision that authorizes the applicant to
provide the telecommunications service for which the facilities
are proposed to be constructed in the City's public rights-of-
way; provided, however, that these requirements may be waived by
the City where the applicant has submitted these documents in
connection with a prior application, and there have been no
amendments.or supplements to these documents.
(b) If the applicant has obtained from
the CPUC a certificate of public convenience to operate as a
"competitive local carrier," the following additional
requirements are applicable:
(i) As required by Decision
No. 95-12-057 of the CPUC, the applicant must establish that it
has timely filed with the City a quarterly report that describes
the type of construction and the location of each construction
project proposed to be undertaken in the City during the calendar
980526 11218-00003 syc 0593592 0 — 21 —
quarter in which the application is filed, which information is
sufficient to enable the City to coordinate multiple projects, as
may -be necessary.
(ii) If the applicant's proposed
construction project will extend beyond the utility rights-of-way
into undisturbed areas or other rights-of-way, the applicant must
establish that it has filed a petition with the CPUC to amend its
certificate of public convenience and necessity and that the
proposed construction project has been subjected to a full-scale
environmental analysis by the CPUC, as required by Decision
No. 95-12-057 of the CPUC.
(iii) The applicant must inform the
City whether its proposed construction project will be subject to
any of the mitigation measures specified in the Negative
Declaration ["Competitive Local Carriers (CLCs) Projects for
Local Exchange Communication Service throughout California"] or
to the Mitigation Monitoring Plan adopted in connection with
Decision No. 95-12-057 of the CPUC. The City's issuance of a
ministerial permit will be conditioned upon the applicant's
compliance with all applicable mitigation measures and monitoring
requirements imposed by the CPUC upon telephone corporations that
are designated as "competitive local carriers."
_(C) In recognition of the fact that numerous
excavations in the public rights-of-way diminish the useful life
of the surface pavement, and for the purpose of mitigating the
adverse impacts of numerous excavations on the quality and
longevity of public street maintenance within the City, the
following policies and procedures are adopted:
(1) The City Manager is directed to ensure
that all public utilities, including telephone corporations,
comply with all local design, construction, maintenance and
safety standards that are contained within, or are related to, a
ministerial permit that authorizes the construction of facilities
within the public rights-of-way.
(2) The City Manager is directed to
coordinate the construction and installation of facilities by
public utilities, including telephone corporations, in order to
minimize the number of excavations in the public rights-of-way.
In this regard, based upon projected plans for street
construction or renovation projects, the City Manager is
authorized to establish on a quarterly basis one or more
construction time periods or "windows" for the installation of
facilities within the public rights-of-way. Telephone
corporations and other public utilities that submit applications
for ministerial permits to construct facilities after a
predetermined date may be required to delay that construction
until the next quarterly "window" that is established by the
City.
980526 11218-00003 syc 0593592 0 — 22 —
(D) The City reserves all rights that it now
possesses or may later acquire with respect to the regulation of
any cable or telecommunications service that is provided, or
proposed to be provided, by a telephone corporation. These
reserved rights may relate, without limitation, to the imposition
of reasonable conditions in addition to or different from those
set forth in this section, the exaction of a fee or other form of
consideration or compensation for use of public rights-of-way,
and related matters; provided, however, that such regulatory
rights and authority must be consistent with federal and state
law that is applicable to cable or telecommunications services
provided by telephone corporations.
ARTICLE 5. DEFINITIONS
Sec. 19-16. Defined Terms and Phrases
(A) For the purposes of this chapter, the words,
terms, phrases, and their derivations set forth in this Article 5
have the meanings set forth below. Words used in the present
tense include the future tense, and words in the singular include
the plural number.
"Cable service" means the one-way transmission to
subscribers of video programming, or other programming services,
and subscriber -interaction, if any, that is required for the
selection or use of that video programming or other programming
service. For the purposes of this definition, "video
programming" means programming provided by, or generally
considered comparable to programming provided by, a television
broadcast station; and "other programming service" means
information that a cable system operator makes available to all
subscribers generally.
"Cable system," or "cable communications system"
or "cable television system," means a facility, consisting of a
set of closed transmission paths and associated signal
generation, reception, and control equipment that is designed to
provide cable service that includes video programming and that is
provided to multiple subscribers within a community. The term
"cable system" does not include:
(i) a facility that serves only to
retransmit the television signals of one or
more television broadcast stations;
(ii) a facility that serves subscribers
without using any public right-of-way;
(iii) a facility of a common carrier that is
subject, in whole or in part, to the
provisions of Title II of the
Telecommunications Act of 1996, except that
such facility will be considered a cable
980526 11218-00003 syc 0593592 0 — 23 —
of persons:
system (other than for purposes specified in
Section 621(c) of the 1984 Cable Act) to the
extent such facility is used in the -
transmission of video programming directly to
subscribers, unless the extent of such use is
solely to provide interactive on -demand
services;
(iv) an open video system that complies with
Section 653 of Title VI of the
Telecommunications Act of 1996; or
(v) any facilities of an electric utility
that are used solely for operating its
electric utility system.
"Cable system operator" means any person or group
(i) who provides cable service over a cable
system and directly or through one or more
affiliates owns a significant interest in
that cable system; or
(ii) who otherwise controls or is responsible
for, through any arrangement, the management
and operation of that cable system.
"City" means the City of Costa Mesa .as represented
by its City Council or by any, delegate acting within the scope of
its delegated authority.
if CFR § " means the Code of Federal
Regulations. Thus, the citation of 1147 CFR 80.1" refers to
Title 47, part 80, section 1, of the Code of Federal Regulations.
"Communications Act" means the Communications Act
of 1934 (48 Stat. 1064, enacted June 19, 1934), as amended by the
Cable Communications Policy Act of 1984 (Public Law No. 98-549,
enacted October 30, 1984), the Cable Television Consumer
Protection and Competition Act of 1992 (Public Law No. 102-385,
enacted October 5, 1992), and the Telecommunications Act of 1996
(Public Law No. 104-104, enacted February 8, 1996). -The
Communications Act is codified at 47 U.S.C. H 151-613.
"FCC" or "Federal Communications Commission" means
the federal administrative agency, or any lawful successor, that
is authorized to regulate telecommunications services and
telecommunications service providers on a national level.
"Franchise" means an initial authorization, or the
renewal of an initial authorization, issued by the City Council,
whether such authorization is designated as a franchise, permit,
license, resolution, contract, certificate, agreement, or
980526 11218-00003 syc 0593592 0 — 24 —
otherwise, that authorizes the construction or operation of a
cable system.
"Franchise fee" means any fee or assessment of any
kind that is authorized by state or federal law to be imposed by
the City on a Grantee as compensation in the nature of rent for
the Grantee's use of the public rights-of-way. The term
"franchise fee" does not include:
(i) Any tax, fee, or assessment of general
applicability (including any such tax, fee,
or assessment imposed on both utilities and
cable operators or their services);
(ii) Capital costs that are required by the
franchise to be incurredby Grantee for
public, educational, or governmental access
facilities;
(iii) Costs or charges that are incidental
to the award or enforcement of the franchise,
including payments for bonds, security funds,
letters of credit, insurance,
indemnification, penalties, or liquidated
damages; or
(iv) Any fee imposed under Title 17, United
States Code.
"Franchise service area" or "service area" means
the entire geographic area of the City as it is now constituted,
or may in the future be constituted, unless otherwise specified
in the ordinance or resolution granting a franchise, or in an
franchise agreement.
"Grantee" means any person that is awarded a
franchise in accordance with this chapter, and that person's
lawful successor, transferee, or assignee.
"Gross annual cable service revenues" means the
annual gross revenues derived from the Grantee's operations of
its cable television system to provide cable services within the
City, excluding uncollected bad debt, refundable deposits,
rebates or credits, and further excluding any sales, excise, or
other taxes or charges that are required to be collected for
direct pass-through to the local, state or federal government.
Revenues identified and collected from subscribers as franchise
fees may not be excluded from a Grantee's gross annual cable
service revenues.
"Gross annual telecommunications service revenues"
means the annual revenues received by a Grantee from the
operation of a cable system to provide telecommunications
services other than cable services.
980526 11218-00003 syc 0593592 0 — 25 —
"Multichannel video programming distributor" or
"video programming distributor" means a person such as, but not
limited to, a cable system operator, a multichannel multipoint
distribution service, a direct broadcast satellite service, or a
television receive -only satellite program distributor, who makes
available multiple channels of video programming for purchase by
subscribers or customers.
"Open video system" means a facility consisting of
a set of transmission paths and associated signal generation,
reception, and control equipment that is designed to provide
cable service, including video programming, and that is provided
to multiple subscribers within the City, provided that the FCC
has certified that such system complies with 47 CFR § 1500 et
sec., entitled "Open Video Systems."
"Open video system operator" means any person or
group of persons who provides cable service over an open. video
system and directly or through one or more affiliates owns a
significant interest in that open video system, or otherwise
controls or is responsible for the management and operation of
that open video system.
"Person" means an individual, partnership,
association, joint stock company, trust, corporation, or
governmental entity.
"Public, educational or government access
facilities" or "PEG access facilities," means the total of the
following:
(i) Channel capacity designated
for noncommercial public, educational, or government use; and
(ii) Facilities and equipment for
the use of that channel capacity.
"Subscriber" or "customer" or "consumer" means any
person who, for any purpose, subscribes to the services provided
by a multichannel video programming distributor and who pays the
charges for those services.
"Street" or "public way" means each of the
following that has been dedicated to the public and maintained
under public authority or by others and is located within the
City limits: streets, roadways, highways, avenues, lanes,
alleys, sidewalks, easements, rights-of-way, and similar public
property that the City from time to time authorizes to be
included within the definition of a street.
"Telecommunications" means the transmission,
between or among points specified by the user, of information of
the user's choosing, without change in the form or content of the
information as sent and received.
980526 11218-00003 syc 0593592 0 — 2 6
"Telecommunications equipment" means equipment,
other than customer premises equipment, used by a
telecommunications service provider to provide telecommunications
service, including software that is integral to that equipment.
"Telecommunications service" means the offering of
telecommunications directly to the public for a fee, or to such
classes of users as to be effectively available directly to the
public, regardless of the equipment or facilities that are used.
"Telecommunications service provider" means any
provider of telecommunications service.
If U.S.C. § " means the United States Code.
Thus, the citation of 1147 U.S.C. § 153" refers to Title 47,
.section 153, of the United States Code.
"Video programming provider" means any person or
group of persons who has the right under the federal copyright
laws to select and to contract for the carriage of specific video
programming on an open video system.
"Video provider" means any person, company, or
service that provides one or more channels of video programming
to a residence, including a home, condominium, apartment, or
mobilehome, where some fee is paid for that service,.whether
directly or as included in dues or rental charges, and whether or
not public rights-of-way are used in the delivery of that video
programming. A "video provider" includes, without limitation,
:providers of cable television service, master antenna television,
satellite master antenna television, direct broadcast satellite,
multipoint distribution services, and other providers of video
programming, whatever their technology.
(B) Unless otherwise expressly stated, words,
terms, and phrases not defined in this Article 5 will be given
their meaning as used in Title 47 of the United States Code, as
now existing or hereafter amended, and, if not defined in that
Code, their meaning as used in Title 47 of the Code of Federal
Regulations.
ARTICLE 6. VIOLATIONS; SEVERABILITY
Sec. 19-17. Violations; Enforcement
(A) Any person who willfully violates any
provision of this chapter is guilty of a misdemeanor and is
punishable as provided for in Chapter 1-33 of Title 1 of this
Code.
(B) The misdemeanor penalty specified above in
paragraph (A) is not applicable to a violation of any provision
of this chapter for which another sanction or penalty may be
imposed under any franchise, license, lease, or similar written
980526 11218-00003 syc 0593592 0 — 27 —
agreement between the City and a multichannel video programming
distributor or other telecommunications service provider.
(C) The City may initiate a civil action in any
court of competent jurisdiction to enjoin any violation of this
chapter.
Sec. 19-18. Severabilitv
If any provision of this chapter is rendered invalid by
any court of competent jurisdiction, or by any federal.or state
agency having jurisdiction over its subject matter, or is
determined by that court or agency to require modification in
order to conform to the requirements of any paramount law or
regulation, then that provision will be deemed a separate,
distinct,, and independent part of this chapter, and such
invalidity will not affect the validity and enforceability of any
other provisions. If any paramount federal or state law or
regulation is subsequently repealed or amended so that the
provision of this chapter that is rendered invalid or subject to
modification is no longer in conflict with that law or
regulation, then that provision will again become effective and
will thereafter be binding on the City and any affected cable
operator or telecommunications service provider; provided,
however, that the City must give the affected cable operator or
telecommunications service provider thirty (30) days written
notice of that change before requiring compliance with that
provision, or such longer period of time as may be reasonably
required for the cable operator or telecommunications service
provider to comply with that provision.
Secs. 19-19 - 19-300. Reserved.""
Section 2. Notwithstanding any provisions to the
contrary set forth in this ordinance, Ordinance No. 83-2, as
amended by Ordinance Nos. 84-6 and 93-15, all of which were
previously codified.in Title 19 of the Municipal Code, will
continue in full force and effect as uncodified ordinances of the
City. These uncodified ordinances will continue to be applicable
to the existing cable television franchise agreement between the
City and its franchised cable operator, Media One, and they are -
subject to repeal by the City Council at such time as Media One
executes a new cable television franchise agreement, the terms of
which subject the cable operator to Article 2 of Title 19, as
amended by this ordinance.
980526 11218-00003 syc 0593592 0 — 2 8 —
Section 3. This Ordinance will take effect and be in
full force and effect thirty (30) days from and after its passage
and, before the expiration of fifteen (15) days after its
passage; will be published once in the NEWPORT BEACH -COSTA MESA
PILOT, a newspaper of general circulation printed and published
in the City of Costa Mesa, or, in the alternative, the City Clerk
may cause to be published a summary of this Ordinance in which
case a certified copy of the text of this Ordinance must be
posted in the office of the City Clerk five (5) days prior to the
date of adoption of this Ordinance, and, within fifteen (15) days
after adoption, the City Clerk must cause to be published the
above-referenced.summary and must post in the office of the City
Clerk a certified copy of this Ordinance together with the names
of the members of the City Council voting for and against it.
2t-
PASSED, APPROVED and ADOPTED this day of
1998. �1
11
ATTEST: (/
MAYOR / // �-/J
CITY CLERK U U
APPROVED AS TO FORM:
CITY ATTORNEY
980526 11218-00003 syc 0593592 0 — 29 —
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA-
I,
ESA
I, Mary E. Elliott, Deputy City Clerk and ex -officio Clerk
of the City Council of the City of Costa Mesa, hereby certify
that the above and foregoing Ordinance No. 98- 1$ was introduced
and considered section by section at a regular meeting of the
City Council held on the 15T day of Su -tui , 1998, and
thereafter passed and adopted as a whole at a regular meeting of
the City Council held on the 157-0 day of 1998, by
the following roll call vote:
AYES: COUNCIL MEMBERS:
Me-)A)4Ptq A) i4cK Son)) Oo c,),4 of
NOES: COUNCIL MEMBERS: 'iso N
ABSENT : COUNCIL MEMBERS: SCS m et2S
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa this -1&/-'M-day of ,
1998.
City Cler and ex -officio_
Clerk of the City Council of
the City of Costa Mesa
980526 11218-00003 syc 0593592 0
- 30 -