This chapter is known and may be cited as the "Cable, Video and Telecommunications Service Providers Ordinance" of the city of Upland.
(Ord. 1821 § 2, 2007)
A. 
The city council finds and determines as follows:
1. 
The development of cable, video and telecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the city.
2. 
Because of the complex and rapidly changing technology associated with cable, video and 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 establishes regulatory provisions that authorize the city to regulate cable, video and telecommunications service providers to the extent authorized by federal and state law, including but not limited to the federal Cable Communications Policy Act of 1984, the federal Cable Television Consumer and Competition Act of 1992, the federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable California statutes and regulations.
4. 
New state legislation, titled the "Digital Infrastructure and Video Competition Act of 2006," became effective on January 1, 2007. Under this legislation, the state of California will have the authority to grant state video franchises. The city will acquire certain rights and obligations with respect to state video franchise holders, including the receipt of franchise fees, fees for the support of public, educational, and governmental channels, and the enforcement of penalties for violations of customer service rules. The city will retain authority over all city-authorized cable franchisees until these franchisees no longer hold a city franchise, or are no longer operating under a current or expired city franchise. The city may continue to grant, modify, renew, extend or terminate city franchises for video service until January 1, 2008. This chapter implements new statutory authority that is conferred upon the city by the Digital Infrastructure and Video Competition Act of 2006.
5. 
The cable, video and telecommunications services that are addressed in this chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite master antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, and other providers of video programming, whatever their technology.
B. 
The purpose and intent of 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 cable, video and telecommunications purposes on a competitively neutral and nondiscriminatory basis, and in a manner consistent with all applicable federal and state statutes and regulations.
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.
4. 
To promote competition in cable, video and telecommunications services, minimize unnecessary local regulation of cable, video and telecommunications service providers, and encourage the delivery of advanced and competitive cable, video and telecommunications services on the broadest possible basis to local government and to the businesses, institutions and residents of the city.
5. 
To establish new guidelines, standards and time frames for the exercise of local authority with respect to the regulation of cable, video and telecommunications service providers.
6. 
To encourage the deployment of advanced cable, video and telecommunications infrastructures that satisfies local needs, delivers enhanced government services, and provides informed consumer choices in an evolving cable, video and telecommunications marketplace.
7. 
To maintain and to enhance public, educational and governmental programming opportunities that will enable the city to communicate with its residents and to provide them with alternate means of disseminating information.
(Ord. 1821 § 2, 2007)
A. 
With regard to any application fee deposit for an initial franchise, or for the renewal of a franchise, or for the transfer or change in control of a franchise that is authorized by this chapter, the city manager or designee may suspend or waive that application fee deposit in accordance with this section.
B. 
The city manager or designee, in consultation with the city attorney, may, upon good cause shown by an applicant or a franchisee, waive or suspend the imposition of an application fee deposit.
(Ord. 1821 § 2, 2007)