This chapter is known and may be cited as the "Telecommunications
Regulatory Ordinance" of the City of West Hollywood.
(Prior code § 61000; Ord. 98-519 § 1, 1998)
a. The
City Council finds and determines as follows:
1. The
development of cable television and other telecommunications systems
may provide significant benefits for, and have substantial impacts
upon, the residents; and the business community of the city.
2. Because
of the complex and rapidly changing technology associated with telecommunications
services and systems, the public convenience, safety, and general
welfare is best served by the city's exercise of its regulatory powers.
3. This
chapter is intended to establish regulatory provisions that authorize
the city to regulate telecommunications services and systems to the
extent authorized by federal and state law, including but not limited
to the federal Cable Communications Policy Act of 1984 (47 U.S.C.
§§ 151 et seq.), as amended by the
federal Cable Television Consumer and Competition Act of 1992 and
the federal Telecommunications Act of 1996, applicable regulations
of the Federal Communications Commission, and applicable California
statutes and regulations.
b. The
purpose and intent of the ordinance codified in this chapter is to
provide for the attainment of the following objectives:
1. To
enable the city to discharge its public trust in a manner consistent
with rapidly evolving federal and state regulatory policies, industry
competition, and technological development.
2. To
authorize and to manage reasonable access to the city's public rights-of-way
and public property for telecommunications purposes on a competitively
neutral and nondiscriminatory basis.
3. To
obtain fair and reasonable compensation for the city and its residents
for authorizing the private use of the public rights-of-way and public
property, which are recognized to be valuable public assets held in
trust by the city.
4. To
foster and to promote competition in telecommunications services,
minimize unnecessary local regulation of telecommunications service
providers, and encourage the delivery of advanced and competitive
telecommunications services on the broadest possible basis to local
government and to the businesses, institutions, and residents of the
city.
5. To
establish clear local guidelines, standards, and time frames for the
exercise of local authority with respect to the regulation of telecommunications
service providers, including the establishment and enforcement of
customer service standards and technical standards.
6. To
encourage the profitable deployment of advanced telecommunications
infrastructures that satisfy local needs, deliver enhanced government
services, and provide informed consumer choices in an evolving telecommunications
market.
(Prior code § 61001; Ord. 98-519 § 1, 1998)
Various terms and phrases used in this chapter are defined below in Part 5, Section
11.40.160.
(Prior code § 61002; Ord. 98-519 § 1, 1998)