HomeMy WebLinkAboutMINUTES - 11051985 - IO.4 TO: BOARD OF SUPERVISORS
FROM: Internal Operations Committee Cw`}
ra
Costa
DATE. November 4, 1985 COU*
SUBJECT: INCREASE IN CABLE T.V. FRANCHISE FEE
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. INTRODUCE ordinance increasing cable television license fees to four
percent of a licensee' s gross annual receipts for a license granted,
renewed, revised or amended prior to November 9, 1978 and to five
percent of a licensee' s gross annual receipts for a license granted,
renewed, revised or amended on or after November 9, 1978, waive
reading and fix November 19, 1985 for adoption of said ordinance.
2. ADOPT resolution increasing cable television license fees to five
percent of a licensee' s gross annual receipts for a license granted,
renewed, revised or amended after June 3 , 1982.
3 . DIRECT the County Administrator to work with cable television company
representatives and other interested persons to design a work plan,
including a time schedule, for conducting an inventory of existing
community access resources and intensifying community access intercon-
necting and programming efforts.
4. MAINTAIN the current definition of a cable television company' s "gross
annual receipts" , which includes pay television receipts.
5. REMOVE this item as a referral to our Committee.
BACKGROUND:
On October 1, 1985, the Board considered increasing cable television
license fees and referred the matter to the Internal Operations Committee.
On October 14 and 28, 1985, our Committee reviewed this matter with repre-
sentatives from various cable television companies and the County depart-
ments of County Administrator, County Counsel and Public Works. At the
October 14 meeting, the County. Counsel was requested to respond to legal
objections raised by representatives of certain cable television companies
with regard to the proposed license fee increase. On October 28, our
Committee reviewed County Counsel' s report which found little or no sub-
stance to the legal objections raised.
Cable television company representatives expressed concern about how the
increased fee revenue would be used to intensify community access and
programming efforts. The Committee agrees that a plan for the use of such
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR R COMMEN�T ..40{g—pF BO _ C 1 TTEE
APPROVE J� Opw
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SIGNATUREISI: Supervisor Tom Torlakson Supervisor Tom Powers
ACTION OF BOARD ON November 5, 1985 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TARN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE
�DATE
/SHOWN.
CC: County Administrator ATTESTED _G � ;(98S
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
Public Works Director SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY ,DEPUTY
t
funds must be developed. It is appropriate for County staff to work with
cable television companies and other interested persons to develop such
plan.
The Committee reviewed a letter from the General Manager of Century Cable
requesting that pay television service costs be excluded from a cable
television company' s gross annual receipts. After review of this matter,
the Committee determined that the existing definition of "gross annual
receipts" , as set forth in the Cable Television Ordinance and which
includes pay television receipts, should remain in effect. .Representatives
of Century Cable were invited to submit more detailed information on this
matter if they wish to pursue their request.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 5, 1985 , by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Ordinance(s) Introduced
The following ordinance(s) which amend(s) the Ordinance
Code of Contra Costa County as indicated having been introduced , the
Board by unanimous vote of the members present waives full reading
thereof and fixes November 19, 1985 as the time for adoption
of same:
Amend Section 58-4.010 of the County Ordinance Code to increase cable
television license fees to four percent of a licensee's gross annual
receipts for a license granted, renewed, revised or amended prior to
November 9, 1978 and to five percent of a licensee's gross annual
receipts for a license granted, renewed, revised or amended on or after
November 9, 1978.
cc: County Administrator
County Counsel
Public works Director
I hereby certify that this is a true nna correct copy of
an action taken and erierod en tiie::minutes of the
Board of Supervisors on ti;a date cshc vn.
ATTESTED: &f ter /9fS
PHIL BATCHELOR, Cicrk of tI-tti :3 and
of Supervisors and County Adrnir:is.rator
,. By �� Deputy
0a�
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order On November 5, 1985 , , by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Cable Television )
License Fees ) RESOLUTION NO. 85/ 649 -
The
5/ 649The Board of Supervisors of Contra Costa County RESOLVES THAT:
Government code Section 53066 and Section 622 of the Cable Communications
Policy Act of 1984 ( 47 U.S.C. Section 542) authorize cable television
franchise fees not exceeding 5% of a cable operator' s gross revenues. '
Section 58-4.010 of the County Ordinance Code allows the County by
resolution to require the payment of a larger or greater percentage of the
gross annual receipts of any grantee for the remaining term of such
license.
The Board has afforded licensees and other interested parties the
opportunity to make oral or written comment on this resolution:
Pursuant to Section 58-4 .010 of the County Ordinance Code, each licensee
who holds a license granted, renewed, revised or amended after the
effective date of Ordinance No. 82-28 (June 3 , 1982) shall pay an annual
license fee equal to five percent ( 5%) of the licensee' s annual gross
receipts, effective January 1, 1986.
hereby certify that this Is a true inn correct coir of
an action taken cnc3 t^; �;' , z .. ,r : ..,.; fc s of h,he
Board of Supervisors ;;.n :toy
ATTESTED:PFNL
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By
Deputy
Orig. Dept.: County Administrator
CC: County Counsel
County Auditor-Controller
Cable T.V. Companies '
C.C.C. Taxpayers Association
Public Works Director
RESOLUTION NO. 85/649