Riverside County Municipal Code Art. 1 General Provisions

This chapter is known and may be cited as the "cable, video, and telecommunications service providers ordinance" of the county of Riverside.

(Ord. 503.11 § 2 (part), 2006)

A. The board of supervisors finds and determines as follows:

1. The development of cable, video, and telecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the county.

2. Because of the complex and rapidly changing technology associated with cable, video, and telecommunications services and systems, the public convenience, safety, and general welfare is best served by the county's exercise of its regulatory powers.

3. This chapter adopts provisions that authorize the county to regulate cable, video, and telecommunications service providers to the extent authorized by federal and state law, including but not limited to the Federal Cable Communications Policy Act of 1984, the Federal Cable Television Consumer Protection and Competition Act of 1992, the Federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable California statutes and regulations.

4. The cable, video, and telecommunications services that are addressed in this chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite master antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, and other providers of video programming, whatever their technology.

B. The purpose and intent of this chapter is to provide for the attainment of the following objectives:

1. To enable the county to discharge its public trust in a manner consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development;

2. To authorize and to manage reasonable access to the county's public rights-of-way and public property for cable, video, and telecommunications purposes on a competitively neutral and nondiscriminatory basis, and in a manner consistent with all applicable federal and state statutes and regulations;

3. To obtain fair and reasonable compensation for the county and its residents for authorizing the private use of the public rights-of-way and public property;

4. To promote competition in cable, video, and telecommunications services, minimize unnecessary local regulation of cable, video, and telecommunications service providers, and encourage the delivery of advanced and competitive cable, video, and telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the county;

5. To establish new guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of cable, video, and telecommunications service providers, which regulation will be implemented in a fair and equitable manner that preserves the rights of existing providers that have served county residents over a period of many years;

6. To encourage the deployment of advanced cable, video, and telecommunications infrastructure that satisfies local needs, delivers enhanced government services, and provides informed consumer choices in an evolving cable, video, and telecommunications marketplace;

7. To maintain and to enhance public, educational, and governmental programming opportunities that will enable the county to communicate with its residents and to provide them with alternate means of disseminating information.

(Ord. 503.11 § 2 (part), 2006)

Various terms and phrases used in this chapter are defined in Section 5.08.180 of this chapter.

(Ord. 503.11 § 2 (part), 2006)

A. With regard to any application fee deposit for an initial franchise, or for the renewal of a franchise, or for the transfer or change in control of a franchise that is authorized by this chapter, the clerk of the board or designee may suspend or waive that application fee deposit in accordance with this section.

B. The clerk of the board or designee, in consultation with the county counsel, may, upon good cause shown by an applicant or a franchisee, waive or suspend the imposition of an application fee deposit.

(Ord. 503.11 § 2 (part), 2006)