HomeMy WebLinkAboutOrdinance #3767 ` ORDINANCE NO. 3 7 6 7
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING FEES FOR STATE FRANCHISED VIDEO
SERVICE PROVIDERS
WHEREAS, pursuant to the 2004 Restated and Amended Joint Powers Agreement, the
City of Huntington Beach ("City") is a member of the Public Cable Television Authority
("PCTA") for the purposes of exercising the common powers of its member cities relating to
cable television;video service providers, and open video systems, and
Effective January 1, 2007, the State of California("State") has the authority to grant state
franchises for the provision of video service including cable television, video service providers,
and open video systems, and
Pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("Act"), the
City and PCTA acquire certain rights and responsibilities with respect to state video franchise
holders, and
Included in such rights is the requirement that the City, through the PCTA, receive a state
franchise fee as compensation for the use of the public rights-of-way for the provision of video
services, and
All current cable television franchisees pay a franchise fee equal to five percent (5%) of
Gross Revenues, and
Pursuant to the Act, local entities may, by ordinance, establish a fee for the support of
public, educational, and government access ("PEG") channel facilities, and
The City of Huntington Beach and the PCTA have been authorized to examine the
business records of a State Franchisee to the extent reasonably necessary to ensure compensation
is in accordance with state law, and
The PCTA will retain authority, without change, over all PCTA cable franchises until
such time as the parties thereto no longer hold a PCTA franchise, or are no longer operating
under a current or expired franchise,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby,
ORDAIN AS FOLLOWS:
Section 1: That State Franchisee(s) holders that offer video service within the
jurisdictional boundary of the City of Huntington Beach will calculate and remit, a state
franchise fee equal to five percent (5%) of gross revenues as provided in Sections 5860 and
5840(q)(1) of the Act.
Section 2: That State Franchisee(s) holders that offer service within the jurisdictional
boundaries of the City of Huntington Beach will calculate and remit, an additional PEG facilities
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Ordinance No. 3767
Support Fee equal to one percent (1%) of gross revenues to be used in a manner consistent with
law as provided in Section 5800(n)of the Act.
Section 3: The Franchise Fee and PEG Support Fee shall be remitted to the PCTA on
a quarterly basis within 45 days after the end of each quarter for that calendar year. Each
payment shall be accompanied by a detailed summary explaining the basis for the calculation of
the Franchise Fee and PEG Support Fee.
Section 4: Gross Revenues under Sections 1 and 2 above, shall be defined as is
consistent with Section 5860 of the Act.
Section 5: A late payment charge equal to the highest prime lending rate during the
period of delinquency plus one percent (1%) will be applied to any payment made by a state
video franchise holder for Franchise Fees and PEG Support Fees not received when due under
Section 3 above.
Section 6: Not more than once annually, the City of Huntington Beach and/or the
PCTA may examine the business records of a State Franchisee(s) to the extent reasonably
necessary to ensure compliance with the Act and this Ordinance.
Section 7: Any Franchise Fee and PEG Support Fee levied and collected by the
PCTA pursuant to this Act shall constitute a credit against any Franchise Fee or PEG Support
Fee imposed herein.
Section 8: This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of April , 2007.
ATTEST:
Cityfrk INITIATE D PROVED:
REVIEWED AND APPROVED: Deputy City Ad m' istrator-City Services
ity Administrator APPROVED AS TO FORM:
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Ord. No. 3767
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 2nd day of April,2007, and was again read to said City
Council at a regular meeting thereof held on the 16th day of April,2007, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Bohr, Carchio, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: Cook
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 26,2007.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Ci Clerk and ex-officio flerk
u I(' Deputy city clerk of the City Council of the City
of Huntington Beach, California