It is the purpose of this chapter to implement the provisions of the California Digital
Infrastructure and Video Competition Act of 2006 (Public Utilities Code Section 5800
et seq., "DIVCA") and the rules promulgated thereunder by the California Public Utilities
Commission as they apply to a "local franchising entity" or a "local entity" as defined
under DIVCA in Sections 5830(h) and 5830(k) of the California Public Utilities Code,
respectively within the unincorporated areas of San Mateo County (County). Consistent
with that purpose, the provisions of this chapter are to be construed in a manner
consistent with DIVCA and the applicable rules of the California Public Utilities
Commission promulgated thereunder.
On January 1, 2007, the State of California became the sole authority with power to
grant state video franchises pursuant to the DIVCA under the California Public Utilities
Commission final rulemaking decision dated March 1, 2007. Pursuant to DIVCA, the County
shall receive a franchise fee and a fee for public, educational and/or government
(PEG) purposes from all state video franchise holders operating within County. Additionally,
the County acquired the responsibility to establish and enforce penalties, consistent
with state law, against all state video franchise holders operating within the County
for violations of customer service standards pursuant to DIVCA. DIVCA leaves unchanged
the County's franchise agreements with Comcast and Open Video Service Agreements with
Astound Broadband to operate in the County, until those agreements expire.
(Ord. 04453, § 1, 12/9/08)
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