§ 19-02. Purpose and intent

(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 can best be served by establishing regulatory powers to be exercised by the city.

(3) This chapter is intended to establish regulatory provisions that authorize the city to regulate cable television and 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 cable television and telecommunications services, minimize unnecessary local regulation of cable television and telecommunications service providers, and encourage the delivery of advanced and competitive cable television and 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 cable television and 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.

(Ord. No. 98-18, § 1, 6-15-98)