HomeMy Public PortalAbout18-1804 - California Reauthorizing the City's Public, Educational, or Governmental Channel FeeORDINANCE NO. 18-1804
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA REAUTHORIZING THE CITY'S PUBLIC, EDUCATIONAL,
OR GOVERNMENTAL CHANNEL FEE
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of the as
I 1 the Digital Infrastructure and Video Competition Act of 2006, authorized the City of Carson ("City")
to adopt an ordinance establishing a fee on state -franchised video service providers to support
public, educational, and governmental access channel facilities ("PEG Fee"); and
WHEREAS, in 2008, the City adopted Ordinance No. 08-1398, which added a Division 2
(State Franchises) of Chapter 6 of Title VI of the Carson Municipal Code to establish a PEG Fee; and
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an ordinance shall
expire, and may be reauthorized, upon the expiration of a state franchise; and
WHEREAS, Ordinance No. 08-1398 does not include an expiration date and was intended to
apply to all current and future state -franchised video service providers in the City; and
WHEREAS, there are currently two state -franchised video services providers operating in
the City, AT&T and Charter, and both the AT&T and Charter state franchises have expired and since
been renewed by the state; and
WHEREAS, this uncodified ordinance will expressly reauthorize the PEG Fee charged bythe
City to telecommunication companies to support public, educational and government channel
facilities, and is also intended to create an express evergreen renewal of the City's PEG Fee until
such time that the City Council takes action to cease such reauthorizations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA FINDS AND
ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS. The above recitals are true and correct and incorporated fully
herein.
SECTION 2. REAUTHORIZATION. The City of Carson hereby reauthorizes, to the extent
required by California Public Utilities Code section 5870(n), the PEG Fee adopted by Ordinance No.
08-1398 and codified at Division 2 of Chapter 6 of Title VI of the Carson Municipal Code. The PEG
Fee shall remain unchanged and in full effect as to all state -franchised video service providers.
SECTION 3. AUTOMATIC REAUTHORIZATION. Commencingfrom, and after,the effective
date of this Ordinance, the City's PEG fee in Ordinance No. 08-1398, and codified in Division 2 of
Chapter 6 of Title VI of the Carson Municipal Code, shall automatically be reauthorized, to the
extent required by California Public Utilities Code section 5870(n), upon the expiration of any
existing or future Video Franchise Certificate Franchise(s) held by any state -franchised video service
provider operating within the City. The Ordinance shall so renew upon the future expiration of
Video Franchise Certificate Franchise(s) until such time that the City Council takes formal
affirmative action to cease the renewals (which action may be taken at any time and without
notice, except as required by the Ralph M. Brown Act, California Government Code 54950etseq.).
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have adopted this ordinance and
ORDINANCE NO. 18-1804
01007.0001/453137.2 Page 1 of 3
each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
SECTION S. CEQA EXEMPTION. Adoption of this uncodified Ordinance is exempt from the
California Environmental Quality Act under CEQA Guidelines section 15061(b)(3) because it can be
seen with certainty that there is no possibility the amendment may have a significant effect on the
environment.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days
after its passage.
SECTION 7. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance,
and shall cause the same to be posted and codified in the manner required by law.
PASSED AND ADOPTED on the 20th day of March, 2018, by the following vote:
APPROVED AS TO FORM: CITY OF CARSON:
-01 4 '17'r
o to i, Ci Att ey a Robles, Mayor
ATTEST:
Donesia Gause-Aldana, MMC, City Clerk
V
ORDINANCE NO. 18-1804
01007.0001/453137.2 Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify
that the foregoing ordinance, being Ordinance 18-1804 passed first reading on the 6th day of
March, 2018, adopted by the Carson City Council at its meeting held on the 20th of March, 2018, by
the following roll call vote:
AYES:
COUNCIL MEMBERS:
Robles, Hilton, Santarina, Hicks, Davis -Holmes
NOES:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None f r�
. L4� aj,-,j
Donesia Gause-Aldana, MMC, City Clerk
ORDINANCE NO. 18-1804
01007.0001/453137.2 Page 3 of 3