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AB-2242 Local cable television: franchises.(2003-2004)

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Amended  IN  Senate  June 14, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 2242

Introduced  by  Assembly Member Strickland

February 19, 2004

An act to amend Section 8610 of the Government Code, relating to emergency services 53066.3 of the Government Code, relating to local cable television services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2242, as amended, Strickland. Emergency services Local cable television: franchises.
Existing law authorizes any city, county, or city and county to grant franchises for the operation of an additional cable franchise in an area where a franchise has already been granted if specified conditions are met. Existing law requires any additional franchisee, providing service in an area in which a franchise has already been granted and an existing cable operator is providing service or is prepared to provide service, to wire and serve the same geographical area within a reasonable time, and in a sequence that does not discriminate against lower income or minority residents and to contain the same public, educational, and governmental access requirements that are set forth in the existing franchise.
This bill would impose the same requirements on an additional franchise that is a telephone corporation, or affiliate, as defined.

Existing law authorizes counties, cities and counties, and cities to create, by ordinance, disaster councils to develop plans for meeting any condition constituting a local emergency or state of emergency. The governing body of the county, city and county, or city in the ordinance may provide for the organization, powers and duties, divisions, services, and staff of the council.

This bill would specifically authorize the governing body to provide additionally for voting membership on the council that includes representatives of the agencies overseeing law enforcement or emergency response.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

Section 8610 of the Government Code is

Section 53066.3 of the Government Code is amended to read:

53066.3.
 (a) If a city, county, or city and county elects to grant an additional cable television franchise in an area where a franchise has already been granted to a cable television operator, it shall do so only after a public hearing noticed pursuant to Section 6066, in a newspaper of general circulation as defined in Section 6000, where all of the following have been considered:
(1) Whether there will be significant positive or negative impacts on the community being served.
(2) Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area.
(3) Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public easements, and the public rights-of-way contrary to the intent of Section 767.5 of the Public Utilities Code.
(4) Whether the franchise applicant has the technical and financial ability to perform.
(5) Whether there is any impact on the franchising authority’s interest in having universal cable service.
(6) Whether other societal interests generally considered by franchising authorities will be met.
(7) Whether the operation of an additional cable television system in the community is economically feasible.
(8) Such other additional matters, both procedural and substantive, as the franchising authority may determine to be relevant.
(b) Nothing in this section prevents any city, county, or city and county from considering the approval or denial of an additional cable service franchise in any area of the city, county, or city and county, subject to compliance with subdivision (d), or the imposing of additional terms and conditions upon the granting of the franchise, as the city, county, or city and county determines is necessary or appropriate.
(c) The city, county, or city and county shall make a final determination as to whether to grant the additional franchise within six months of the application date unless the jurisdiction can establish that the applicant has unreasonably delayed proceedings designed to consider the matters set forth in paragraphs (1) to (8), inclusive, of subdivision (a).
(d) Any additional franchise granted to provide cable television service in an area in which a franchise has already been granted and where an existing cable operator is providing service or certifies to the franchising authority that it is ready, willing, and able to provide service, shall require the franchisee to wire and serve the same geographical area within a reasonable time and in a sequence which does not discriminate against lower income or minority residents, and shall contain the same public, educational, and governmental access requirements that are set forth in the existing franchise. This subdivision does not apply where all existing cable operators certify to the franchising authority that they do not intend to provide service within a reasonable time to the area to be initially served by the additional franchise.
(e) Notwithstanding subdivision (d), any additional cable television franchise granted to a telephone corporation, as defined in Section 234 of the Public Utilities Code, or an affiliate thereof, for an area within that telephone corporation’s service area or areas, as defined in Section 230.3 of the Public Utilities Code, shall require that franchisee to serve its cable television franchise area within a reasonable time and in a sequence that does not discriminate against lower income or minority residents. The additional cable television franchise granted to a telephone corporation or its affiliate shall contain the same public, educational, and governmental access requirements that are set forth in the existing cable television franchise.

amended to read:

8610.

Counties, cities and counties, and cities may create disaster councils by ordinance. A disaster council shall develop plans for meeting any condition constituting a local emergency or state of emergency, including, but not limited to, earthquakes, natural or manmade disasters specific to that jurisdiction, or state of war emergency. The plans shall provide for the effective mobilization of all of the resources within the political subdivision, both public and private. The disaster council shall supply a copy of any plans developed pursuant to this section to the Office of Emergency Services. The governing body of a county, city and county, or city may, in the ordinance or by resolution adopted pursuant to the ordinance, provide for the organization, powers and duties, voting membership in the organization that includes representatives of the agencies overseeing law enforcement or emergency response, divisions, services, and staff of the emergency organization. The governing body of a county, city and county, or city may, by ordinance or resolution, authorize public officers, employees, and registered volunteers to command the aid of citizens when necessary in the execution of their duties during a state of war emergency, a state of emergency, or a local emergency.

Counties, cities and counties, and cities may enact ordinances and resolutions and either establish rules and regulations or authorize disaster councils to recommend to the director of the local emergency organization rules and regulations for dealing with local emergencies that can be adequately dealt with locally; and further may act to carry out mutual aid on a voluntary basis and, to this end, may enter into agreements.