A.
This chapter is designed to regulate video service providers holding State video franchises and operating within the Town of Yountville. On January 1, 2007, the State of California became the sole authority with power to grant State video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA"). Pursuant to DIVCA, the Town of Yountville shall receive a franchise fee from all State franchisees. In addition, the Town shall receive from all State franchisees fees to support public, educational, and government ("PEG") access channel facilities. DIVCA confirmed that the Town may establish and enforce penalties, consistent with State law, against all State video franchise holders operating within the Town for violations of customer service standards. DIVCA precludes the Town from adopting its own standards and grants all authority to adopt customer service standards to the State. DIVCA leaves unchanged the Town's authority to regulate the Town's current cable franchises and any Town cable franchise(s) issued on or before January 1, 2008, until the expiration of any such franchise(s).
B.
This chapter is applicable to all cable service and video service providers who are eligible for, and have been awarded, a State video franchise under the California Public Utilities Code Section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006), to provide cable or video services in the Town of Yountville.
C.
Nothing contained in this chapter exempts a State franchise holder from compliance with all ordinances, rules or regulations of the Town now in effect or which may be hereafter adopted which are not inconsistent with this chapter or California Public Utilities Code Section 5800 et seq., or obligations under any franchise previously issued by the Town, insofar as those may be enforced under California Public Utilities Code Section 5800.
D.
The rights reserved to the Town under this chapter are in addition to all other rights of the Town, whether reserved by this chapter or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the Town. The Town reserves its rights to the lawful exercise of police and other powers the Town now has or may later obtain. Except as otherwise provided by DIVCA, a State franchise shall not include, or be a substitute for:
1.
Compliance with generally applicable requirements for the privilege of transacting and carrying on a business within the Town, including, but not limited to, compliance with the conditions that the Town may establish before facilities may be constructed for, or providing, non-video services;
2.
Any permit or authorization, other than a State franchise, required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits and street cut permits; and
3.
Any permit, agreement or authorization for occupying any other property of the Town or any private person to which access is not specifically granted by the State franchise.
(Ord. 377-09; Ord. 388-10)