File #: RES 17-044    Name: PEG Fee Ordinance Resolution
Type: BoS Resolution Status: Passed
File created: 4/6/2017 In control: Board of Supervisors
On agenda: 4/18/2017 Final action: 4/18/2017
Title: Adopt an ordinance amending Section 7.13.070 of the Monterey County code to reauthorize the Public, Educational, and Government Access (PEG) Support Fee on cable operators and video service providers that hold state franchises and operate within unincorporated Monterey County.
Attachments: 1. Board Report, 2. Proposed Ordinance Reauthorizing PEG fee, 3. Proposed Resolution Adopting Ordinance, 4. Completed Board Order/Resolution/Ordinance
Title
Adopt an ordinance amending Section 7.13.070 of the Monterey County code to reauthorize the Public, Educational, and Government Access (PEG) Support Fee on cable operators and video service providers that hold state franchises and operate within unincorporated Monterey County.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:

Adopt an ordinance amending Section 7.13.070 of the Monterey County code to reauthorize the Public, Educational, and Government Access (PEG) Support Fee on cable operators and video service providers that hold state franchises and operate within unincorporated Monterey County.

SUMMARY:
On April 11, 2017, the Monterey County Board of Supervisors introduced, waived reading, and set April 18, 2017 for adoption of an ordinance authorizing reauthorization of the County's existing "PEG Support Fee" on state franchise holders operating within the unincorporated County. The California Digital Infrastructure and Video Competition Act (DIVCA) requires the County to reauthorize its PEG Support Fee when a state franchise expires.

The first state franchise that is held by a holder operating in unincorporated Monterey County expired on or about March 30, 2017. Because the PEG Support fee is collected quarterly, the next fee ordinarily paid by this franchise holder is for the quarter ending June 2017. To ensure the County can continue to collect the PEG Support Fee from this franchise holder and other franchise holders as their state franchises expire, the proposed ordinance reauthorizes the fee and provides for automatic reauthorizations in the future, as additional state franchises expire, until the Board of Supervisors directs otherwise.

DISCUSSION:
DIVCA, effective January 1, 2007, replaced local franchising of cable television with a state franchising system administered by the California Public Utilities Commission. Under DIVCA, local jurisdictions are authorized to impose a fee of 1% of gross revenues on cab...

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