6094ORDINANCE NO. 6094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THAT THERE SHALL BE NO
FRANCHISE FEE CHARGED TO ANY VIDEO SERVICE PROVIDER
PROVIDING VIDEO SERVICE IN THE CITY OF ANAHEIM UNDER
A STATE FRANCHISE ISSUED BY THE CALIFORNIA PUBLIC
UTILITIES COMMISSION PURSUANT TO THE DIGITAL
INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006,
CAL. PUB. UTIL. SECTIONS 5800, ET SEQ.
WHEREAS, effective January 1, 2008, the California Public Utilities
Commission will have the sole authority to issue franchises to video service providers in
California pursuant to the Digital Infrastructure and Video Competition Act of 2006, Cal.
Pub. Util. Sections 5800, et seq. (hereinafter "DIVCA"); and
WHEREAS, a video service provider, within the meaning of DIVCA, is an entity
providing video programming services, cable service, or OVS service through facilities
located at least in part in public rights-of-way without regard to delivery technology,
including Internet protocol or other technology; and
WHEREAS, pursuant to DIVCA, all video service franchisees must pay a
franchise fee directly to the city in which the franchisee is providing video services equal
to either i) 5% of gross revenues of the video service provider, ii) the percentage applied
to the gross revenues of the existing cable operator in the city if that percentage is lower
than 5%, or iii) a rate established by ordinance by the city which is less than 5%; and
WHEREAS, the Anaheim City Council desires to ensure that no resident or
business in Anaheim shall be required to pay a franchise fee for the provision of video
services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
There shall be no franchise fee paid by any video service provider providing
video service in the City of Anaheim pursuant to a franchise issued by the California
Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition
Act of 2006, Cal. Pub. Util. Sections 5800 et seq.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the at day of yan uarz , 2008, and
thereafter passed and adopted at a regular meeting of said City Council held on the 29th
day of January , 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF AHEIM
By
MAYOR OF TH CIT OF ANAHEIM
ATTEST:
C CLERK OF THE C OF ANAHEIM
Doc. 67406.1
I
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
February 7, 2008
"1 certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: February 7, 2008
t
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 6094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THAT THERE SHALL BE NO
FRANCHISE FEE CHARGED TO ANY VIDEO SERVICE
PROVIDER PROVIDING VIDEO SERVICE IN THE CITY OF
ANAHEIM UNDER A STATE FRANCHISE ISSUED BY THE
CALIFORNIA PUBLIC UTILITIES COMMISSION PURSUANT
TO THE DIGITAL INFRASTRUCTURE AND VIDEO COMPE-
TITION ACT OF 2006, CAL. PUB. UTIL. SECTIONS 5800, ET
SEQ.
WHEREAS, effective January 1, 2008, the California Public
Utilities Commission will have the sole authority to issue
franchises to video service providers in California pursuant
to the Digital Infrastructure and Video Competition Act of
2006, Cal. Pub, Util. Sections 5800, at seq. (hereinafter
"DIVCA"); and
WHEREAS, a video service provider, within the meaning
Of DIVCA, is an entityproviding video programming serv-
ices, cable service, or (VS service through facilities located
at least in part in public rights-of-way without regard to de-
livery technology, including Internet protocol or other tech-
nology; and
WHEREAS, pursuant to DIVCA, all video service franchi-
sees must pay a franchise fee directly to the city in which
the franchisee is providing video services equal to either i)
5% of gross revenues of the video service provider, ii) the
percentage applied to the gross revenues of the existing ca-
ble operator in the city if that percentage is lower than 5%,
or iii) a rate established by ordinance by the city which is
less than 5%; and
WHEREAS, the Anaheim City Council desires to ensure
that no resident or business in Anaheim shall be required to
pay a franchise fee for the provision of video services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ANAHEIM DOES ORDAIN AS FOLLOWS:
There shall be no franchise fee paid by any video service
provider providing video service in the City of Anaheim pur-
suant to a franchise issued by the California Public Utiltties
Commission pursuant to the Digital Infrastructure and Video
Competition Act of 2006, Cal. Pub. Util. Sections 5800 at
seq.
THE FOREGOING ORDINANCE was introduced at a regu-
lar meeting of the City Council of the City of Anaheim held
on the 8th day of January, 2008, and thereafter passed and
adopted at a regular meeting of said City Council held on
the 29th day of January, 2008, by the following roll call vote:
AYES: Ma or Pringle, Council Members Hernandez,
SidXu, Galloway, Mng
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By /s/ Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
/s/ Linda Nguyen
CITY CLERK OF THE CITY OF ANAHEIM
Doc. 67406.1
Publish: Anaheim Bulletin, February 7, 2008 8546463 25-123