HomeMy WebLinkAboutMINUTES - 04212009 - SD.10RECOMMENDATION(S):
OPEN the public hearing, receive testimony, and CLOSE the hearing.
ADOPT the attached ordinance, Ordinance No. 2009-02, which establishes fees to support public, educational and
government access (“PEG”) channel facilities and customer service penalties for video service providers that hold a
state video franchise and provide video service within unincorporated areas of Contra Costa County.
AUTHORIZE the County Administrator or his designee to sign and send a letter to AT&T requesting that AT&T
designate a sufficient amount of capacity on its network to allow the provision of four (4) PEG channels as authorized
by California Public Utility Code section 5870.
FISCAL IMPACT:
The County is currently receiving 3% or an average of $3,300 per quarter of AT&T's gross revenues for
PEG support. These revenues are derived from AT&T's operation of its network to provide cable and video service
within
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/21/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: 925-313-1183
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: April 21, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Rebecca Hooley, County Counsel, Will Rigney, ATT, Cheryl Chambers, Comcast, Will Minyard, Astound
SD.10
To:Board of Supervisors
From:David Twa, County Administrator
Date:April 21, 2009
Contra
Costa
County
Subject:Adopt New Video Services Ordinance
FISCAL IMPACT: (CONT'D)
the unincorporated areas of Contra Costa County.These funds can only be used for facilities and equipment for PEG
channels in accordance with federal law. The exact amount of revenue anticipated is unknown as the new statewide
franchise holders may attract video and cable service customers from current cable providers or new customers who
previously were not video and cable subscribers. This ordinance will assure that AT&T and any new state video
franchise holders pay an appropriate PEG support fee and meet customer service obligations. There is no impact on
the General Fund.
BACKGROUND:
The Digital Infrastructure and Video Competition Act of 2006 (“the Act”) went into effect on January 1, 2007.
Pursuant to the Act, the State of California was granted authority to franchise video service providers throughout the
state. Previously, local governments held sole franchising authority and, through this power, the County franchised
video service providers, Astound and Comcast. Although the County will not be the franchising authority for video
service providers granted a state franchise, the County will acquire certain rights and responsibilities with respect to
state video franchise holders.
The Act grants the County a franchise fee of up to five percent of the gross revenues for each video service provider
franchised by the state, which is currently the percentage of gross revenues that the County receives from its local
franchises with Astound and Comcast. Additionally, video service providers franchised by the state must pay the
County a fee of between one to three percent of gross revenues to support PEG channel facilities, provided the
County has enacted an ordinance establishing such a fee.
The Act provides that the County must monitor state video franchise holders’ provision of customer service. The
required standards of customer service are set forth in the Act and the County may impose fines for violations of
those standards if the County enacts an ordinance or resolution establishing a fine schedule. The amount of each fine
is limited by the Act.
For the purposes of establishing PEG fees and a fine schedule, it is recommended that the County adopt the attached
ordinance.