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An ORDINANCE of the City Council of the City of San Leandro to Reauthorize a Public, Educational and Governmental Fee on State Cable Franchisees Operating Within the City Pursuant to Section 5-7-115 of the San Leandro Municipal Code
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WHEREAS, the City Council previously adopted Section 5-7-115 of the San Leandro Municipal Code (“SLMC”), which imposes a public, educational, and governmental (“PEG”) fee on state cable franchisees operating within the City as authorized in the Digital Infrastructure and Video Competition Act of 2006; and
WHEREAS, Section 5870(n) of the California Public Utilities Code provides that a PEG fee ordinance must be reauthorized upon expiration of an applicable state franchise; and
WHEREAS, SLMC Section 5-7-115(c) provides that, notwithstanding Section 5870(n) of the California Public Utilities Code, upon the expiration of any state franchise, the City’s PEG fee is automatically reauthorized unless the franchise holder has given the City 60-days’ written notice prior to the expiration of its state franchise that the City’s fee authorization will expire; and
WHEREAS, AT&T, Inc. operates within the City under a state franchise that expires on March 30, 2017; and
WHEREAS, the City received no timely written notice from AT&T, Inc. of the expiration of its state franchise pursuant to SLMC Section 5-7-115(c); and
WHEREAS, pursuant to the provisions of Section 5-7-115(c), the City’s PEG fee is automatically reauthorized with regard to AT&T, Inc.; and
WHEREAS, notwithstanding the automatic reauthorization of the City’s PEG fee as described above, the City Council wishes to adopt an ordinance expressly declaring that the City’s PEG fee is reauthorized.
NOW, THEREFORE, the City Council of the City of San Leandro does hereby ordain as follows:
Section 1. PEG Fee Reauthorization. The City’s PEG channel facilities fee authorized in Section 5-7-115 of the San Leandro Municipal Code is hereby reauthorized to the extent required by Section 5870(n) of the California Public Utilities Code. All state franchisees operating within the City shall continue to collect and remit the PEG channel facilities fee as required in SLMC Section 5-7-115.
Section 2. No Change to Municipal Code. Section 5-7-115 of the San Leandro Municipal Code shall remain unchanged and in full force and effect.
Section 3. Urgency Ordinance repealed. The Urgency Ordinance reauthorizing the City’s PEG channel facilities fee authorized in Section 5-7-115 of the San Leandro Municipal Code, as established through Ordinance 2017-007, is repealed as of the effective date of this Ordinance.
Section 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.
Section 5. Publication and Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage or upon the commencement of AT&T’s new or renewed state franchise under the Digital Infrastructure and Video Competition Act of 2006, whichever is later. The City Clerk shall cause this ordinance to be published or posted in at least three (3) public places in the City in accordance with Section 36933 of the Government Code of the State of California.