HomeMy WebLinkAboutMINUTES - 04282009 - SD.6RECOMMENDATION(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
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/28/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Pat Burke,
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 28, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD. 6
To:Board of Supervisors
From:Jane Pennington, Clerk of the Board
Date:April 28, 2009
Contra
Costa
County
Subject:Adopt New Video Services Ordinance
FISCAL IMPACT: (CONT'D)
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 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.
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.
ATTACHMENTS
Video Services Ordinance