HomeMy WebLinkAbout11078 - Community Antenna Televisionw
RESOLUTION NO. 11078
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENTION TO
HOLD A PUBLIC HEARING REGARDING VARIOUS
AMENDMENTS TO MUNICIPAL CODE SECTION 5.44,
"COMMUNITY ANTENNA TELEVISION"
WHEREAS, the City has conducted a comprehensive review
of the provisions of Municipal Code Section 5.44 - "Community
Antenna Television "; and
WHEREAS, it has been determined that existing Section
5.44 of the Newport Beach Municipal Code is generally out -of -date
and should be revised to reflect current developments in the
Community Antenna Television (hereinafter "CATV ") services field;
and
WHEREAS, CATV, as presently defined in Section 5.44.010(e),
unreasonably limits the means and manner of transmission; and
WHEREAS, CATV, as presently defined in Section 5.44.010(e),
excludes "Pay TV" from its definition, although both existing
franchises offer this service to their subscribers; and
WHEREAS, the present definition of Section 5.44.010(f) -
Subscribers, is inadequate; and
WHEREAS, the term "Users" is not presently defined in
Chapter 5.44 of the Newport Beach Municipal Code; and
WHEREAS, the terms "Basic Subscriber Services" and "Non -
Basic Subscriber Services" are not presently defined in Chapter 5.44
of the Newport Beach Municipal Code; and
WHEREAS, the regulation of rates and services for "Basic
Subscriber Services" and "Non -Basic Subscriber Services" should be
• administered in a manner reasonable and appropriate to each type of
service; and
WHEREAS, the City has developed a number of proposed
amendments to Municipal Code Section 5.44 to more accurately reflect
current conditions while providing for a more efficient, effective
and adaptable CATV system in the future; and
WHEREAS, the proposed amendments are attached hereto as
Exhibit "A" and incorporated herein by reference; and
• WHEREAS, standards do not presently exist in the Municipal
Code to allow determination of when to include, as feasible or
appropriate, technological developments to existing franchise
services in order that said franchise services can maintain their
systems; and
WHEREAS, City, pursuant to its review powers, generally and
as applied to the existing Municipal Code, needs and requires
information relating to the feasibility or appropriateness of
particular improvements or modifications provided for in the proposed
amendments; and
WHEREAS, knowledge and capability presently exists, within
the cable television community, sufficient to interconnect and make
compatible with, other systems in adjacent cities; and
WHEREAS, the creation of a regional cable system is in the
best interests of the citizens of the City of Newport Beach; and
WHEREAS, since "Basic Subscriber Services" and "Non -Basic
Subscriber Services" as proposed to be defined, substantially differ
one from the other, the regulation of each franchise rate and service
should be administered in a manner and by a process which is
reasonable and appropriate to each..
WHEREAS, the proposed definitions of the terms "Basic
Subscriber Services" and "Non -Basic Subscriber Services" will more
fully and adequately define and delineate the rights and duties of
cable television companies within City territority; and
WHEREAS, the proposed amended definition of CATV will
specifically include microwave systems; and
• WHEREAS, the proposed amended definition of CATV takes
account of and specifically ennumerates the means and manner of
transmission presently available and expected to be available; and
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WHEREAS, the proposed amended definition of CATV does not
• contain the exclusionary language regarding "Pay TV ", permitting,
thereby, the inclusion of "Pay TV" revenues under the definition of
Section 5.44.010(g) - Gross Annual Receipts; and
WHEREAS, the amended definitions of "Gross Annual Receipts"
and "CATV System" clarifies and more fully sets forth those matters
to which these definitions shall apply; harmonizes said definitions
with other sections of the chapter and the state -of- the -art means and
manners of transmission; and
WHEREAS, the existing provisions of Section 5.44 do not
provide for the issuance of CATV locking devices to permit the
exercise of parental discretion; and
WHEREAS, the amendments to the definition of CATV and Gross
Annual Receipts are proper and appropriate actions, since CATV's
systems were prohibited, by franchise, from offering "Pay TV ", prior
to Federal rule and regulation enactment permitting said offerings
and, thereby, pre - empting this area from any local regulation as to
program content or rates charged; and
WHEREAS, the amended definition of "Subscriber" and the new
definition of "Users" more fully and cogently defines said terms; and
WHEREAS, the proposed section entitled "Technological
Developments" provides a standard for implementation of such
technological developments under the present franchises and further
provides a means of securing information sufficient to make
determinations as to the feasibility and appropriateness of
improvements and modifications; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach as follows:
1. A public hearing shall be held on the 9th day of
• November, 1981, at 7:30 p.m. in the City Council Chambers, City Hall,
3300 West Newport Blvd., Newport Beach, California, at which time any
person desiring to comment, either in support of or in objection to
the proposed amendments and may appear before the City Council and be
heard thereon.
2. At said public hearing the City Council shall proceed
to hear any persons interested in this matter and wishing to be heard
shall pass upon all protests or objections to said proposed
amendments, and its decision thereon shall be final and conclusive.
Thereafter, the City Council may, by Ordinance, amend Chapter 5.44 of
the Newport Beach Municipal Code. Copies of the proposed amendments
shall be available for inspection at the City Clerk's office located
in the City Hall, 3300 West Newport Boulevard, Newport Beach,
California.
3. The City Clerk is directed to publish this Resolution
at least once within fifteen (15) days of its passage and at least
ten (10) days prior to the date set for public hearing in the
official newspaper of the City.
ADOPTED this 26th day of October, 1981.
;ATTE T:
City Clerk
10/26/81
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• PROPOSED AMENDMENTS
MUNICIPAL CODE SECTION 5.44
Definitions
A. Under general provisions, add the following
section - "To the extent any conflict exists
between these definitions and the definitions
as set forth in other ordinances, these defini-
tions will control."
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B. "Community Antenna Television Systems" or "CATV
System" shall mean a system employing antennae,
microwave, wires, waveguides, coaxial cables, or
other conductors, equipment or facilities designed,
constructed or used for any or all of the following
purposes:
(1) collecting or amplifying local and distant
broadcast television, satellite, microwave
or radio signals and distributing and
• transmitting them;
(2) transmitting original cablecast programming
not received through television broadcast
signals;
(3) transmitting television signals, film and
video tape programs not received through
broadcast television signals, whether or
not encoded or processed to permit reception
by only selected :receivers;
(4) transmitting or receiving two -way signals
or transmissions;
(5) providing data transfer capability in any
shape or form, including that of a security
system or a common carrier should CATV
systems ever be so defined by Federal rule
or regulation;
(6) transmitting or receiving all other signals
whether digital, voice or audio visual.
C. "Subscribers" or "Users" shall mean any person(s)
or entity(.ies) receiving for any purpose any service
of the Grantee's community antenna television system,
including, but not limited to, the conventional
cable television system service of retransmission
of television broadcast, satellite, microwave or
radio signals, Grantee's original cablecasting,
local government, education and public access
channel cablecasting and other services, such as
leasing of channels, data and facsimile transmissions
and police, fire and similar public service com-
munications.
D. "Gross Annual Receipts" shall mean any and all
compensation and other consideration in any form
whatsoever and any contributing grant or subsidy
received directly or indirectly by Grantee from:
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(1) subscribers or users in payment for any
CATV system services including television
broadcast, satellite,microwave,or FM radio
signals, reception or service received with-
in the City or transmitted in any shape or
form from the City for which local subscri-
bers or users make payment,whether said
signals, reception or service is included
within the terms "basic subscriber services"
or "non basic services" as said terms may be de-
fined in the Municipal Code, as well as any in-
stallation or line extension charges therefor;"
(2) any other compensation for utilization of or
connection to the property of Grantee used
within the City including the sale, rental
or provision of any equipment, parts or add -
ons to be used in connection with the CATV
system.
(3) notwithstanding the above, gross annual
receipts shall not include any taxes on
services furnished by the Grantee and imposed
directly on any subscribers or users by any
City, State or other governmental unit and
collected by the Grantee for such govern-
mental unit.
E. "Basic Subscriber Services" shall mean and include
the delivery by the Grantee to all subscribers
within the confines of its franchise area o£:
(1) all signals of over the air television broadcast
pursuant to FCC license or all those over the
air signals which are received and transmitted
in the community without the aid of a cable
television system or similar apparatus;
(2) all satellite signals.received and transmitted
in the community by the Grantee as of the
effective date of this Section;
(3) all satellite signals received and transmitted
in the community after the effective date of
this Section with the exception of those in-
cluded under Section F.(2) of "non basic services"
as defined herein;
(4) all public, local
local origination
and signals;
(5) other channels, s
and services,
part of the basic
education,
and public
ignals (inc
.provided
subscriber
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local government,
access channels
Luding microwave) programs
by the Grantee as
service package.
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F. "Non Basic Services" shall mean and include
channels, signals, programs and services not
provided as part of the "basic subscriber ser-
vices" package as defined herein above. These
shall include:
(1) pay or subscription television as defined
by the FCC; and radio services supplied
by the Grantee;
• (2) satellite or microwave signals which are
offered to subscribers as optional tiered
services for a separate fee or charge and
which are independent of those satellite
or microwave signals provided as part of
the "basic subscriber services" package
as defined herein,
(3) advertising or commercial messages;
(4) equipment and appurtenances representing
technological developments and enhance
ments in the field which the Grantee may,
from time to time, make available to sub-
scribers, provided that subscribers have the
option of not acquiring said additional
equipment or appurtenances and further, pro-
vided that the exercise of the option not to
purchase shall in no way affect a subscriber's
existing service or preclude him from re-
ceiving "basic subscriber services" as defined
herein.
II. Technological Developments
A. It is the desire of the City that all CATV systems
franchised to operate within the City shall maintain,
operate and where feasible, modify the CATV system
to insure its performance in accordance with the
highest and best accepted standards of the industry.
B. Whenever the Grantee, in consultation with the City,
has determined that it is financially and techni-
cally feasible and appropriate within the context
of local needs and demands, the Grantee shall provide
technical improvements and modifications to insure
the operation of the CATV system in accordance with
the highest and best accepted standards of the
industry. Such improvements and modifications shall
include, but not necessarily be limited to:
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(1) continued availability and enhancement of
national or international transmission capa-
bilities via communications satellites;
(2) enhancement and expansion of system channel
capacity and programming;
(3) improvement of public access and local pro-
gramming capabilities;
• (4) maintenance and improvement of system physical
plant in accordance with the highest and best
accepted CATV industry practices and FCG
regulations;
(5) implementation of two -way, interactive capa-
bility;
(6) provision of security systems;
(7) application of technologies, such as fiber
optics or other such advances in the CATV
.field.
C. In making determinations relative to the financial
and technical feasibility or appropriateness of
specific system improvements or modifications, the
following factors shall be considered:
(1) whether there exists a reasonable subscriber
demand for the proposed improvements or
modifications;
(2) whether the technology associated with the
proposed improvements or modifications has
been tested and proven reliable;
(3) whether the Grantee is financially and techni-
cally able to provide the proposed improve-
ments or modifications;
(4) whether the provision of the proposed improve-
ments or modifications will allow the Grantee
a reasonable return on its investment in such
proposed improvements or modifications.
D. In implementing the provisions of this section, the
City may, from time to time, request, and the Grantee
shall provide, information relative to the feasibility
or appropriateness of implementing specific system
improvements or modifications deemed desirable by
the City but Grantee shall not be required to in-
corporate technological developments into the CATV
system which do not meet the provisions of Section
C. 1 -4 above.
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E. The Grantee shall provide the City with written
notification of any system improvements or modi-
fications proposed for implementation within its
respective franchise area.
F. Any controversy between the parties hereto in-
volving the construction or application of any of
the terms, covenants, or conditions of this Section, .
shall on written request of one party served on the
other be submitted to arbitration, and such arbi-
tration shall comply with and be governed by the
provisions of the California Arbitration Act,
Sections 1280 through 1294.2 of the California Code
of Civil Procedure.
III. System Compatability and Connectibility
A. It is the desire of the City that all CATV systems
franchised to operate within the City shall be
compatible and interconnectable with one another
and with systems in adjacent cities.
B. When it is financially and technically feasible
within the area served, the Grantee shall nego-
tiate the construction, operation and modification
of its system to interconnect same with all other
systems within and adjacent to the City for the
purpose of sharing locally originated public and
educational programming.
IV. Locking Devices to Permit Exercise of
Parental Discretion
A. Grantee shall make available to its subscribers,
upon request and for a reasonable charge, locking
devices to permit parental control over program-
ming.
V. Regulation of Rates and Services
The City Council shall establish or approve all subscri-
ber,installation and other incidental rates and charges
for "basic subscriber services" as defined herein, and
no such rates or charges shall be changed at any time
except by authority of the! Council, and upon written
request of the Grantee.
The rates and charges for those services included under
the definition "non basic services" shall not require
City Council review and approval. The Grantee shall
however, provide the City with 60 -day prior written
notification of any new rates or charges associated
with non basic services to be provided within its
franchise area.
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