Chapter 15.34 — REGULATION OF STATE VIDEO FRANCHISE HOLDERS

A.

The purpose of this chapter is to implement the provisions of the Digital Infrastructure and Video Competition Act of 2006 that are applicable to the city.

B.

Nothing herein is intended to affect the city's authority to regulate the city's cable franchise in accordance with San José Municipal Code Chapter 15.28 and to regulate the cable franchise currently in effect until such time as the cable franchisee no longer holds city franchise or is no longer operating under a current or expired city franchise.

(Ord. 28530.)

The rights reserved to the city under this chapter are in addition to all other applicable rights of the city, whether reserved by other provisions of the San José Municipal Code or as otherwise authorized by law, and no action, proceeding, or exercise of a right shall affect any other rights which may be held by the city.

(Ord. 28530.)

Nothing contained in this chapter shall be construed to exempt a State Video Franchise Holder from compliance with all applicable ordinances, rules, or regulations of the city now in effect or which may be hereafter adopted which are not inconsistent with this chapter or DIVCA.

(Ord. 28530.)

Part 2 - DEFINITIONS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 28530.)

"Director" means the director of public works, or such other director designated by the city manager to administer this chapter.

(Ord. 28530.)

"DIVCA" means the Digital Infrastructure and Video Competition Act of 2006, California Public Utilities Code Section 5800 et seq., as may be amended.

(Ord. 28530.)

"Franchise fee" shall have the same meaning as the term is defined in California Public Utilities Code Section 5840, as may be amended.

(Ord. 28530.)

"Gross revenues" shall have the same meaning as the term is defined in California Public Utilities Code Section 5860, as may be amended.

(Ord. 28530.)

"Material breach" shall have the same meaning as the term is defined in California Public Utilities Code Section 5900, subsection (j), as may be amended.

(Ord. 28530.)

"PEG" means public, educational, and government access.

(Ord. 28530.)

"State video franchise holder" means a person that has been issued a state franchise by the California Public Utilities Commission to provide video service pursuant to DIVCA and that operates within the city.

(Ord. 28530.)

"Video service" shall have the same meaning as the term is defined in California Public Utilities Code Section 5830, as may be amended.

(Ord. 28530.)

"Video service provider" shall have the same meaning as the term is defined in California Public Utilities Section 5830, as may be amended.

(Ord. 28530.)