File #: RES 19-59    Version: 1 Name: Resolution Adopting Cable Television Code
Type: Resolution Status: Passed
File created: 11/19/2019 In control: City Council Regular Meeting
On agenda: 12/3/2019 Final action: 12/3/2019
Title: A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, declaring as a public record that certain document entitled “Chapter 20 Cable Television Code” of the Maricopa City Code, relating to the update of rules and regulations relating to video service providers conducting business within the City of Maricopa and repealing the previously adopted Cable Television Code and replace that with Chapter 20.  Discussion and Action.
Sponsors: Kazi Haque
Indexes: Community Resources and Quality of Life Amenities
Attachments: 1. Resolution, 2. Chapter 20 Cable Television Code
Related files: ORD 19-14
TITLE

A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, declaring as a public record that certain document entitled “Chapter 20 Cable Television Code” of the Maricopa City Code, relating to the update of rules and regulations relating to video service providers conducting business within the City of Maricopa and repealing the previously adopted Cable Television Code and replace that with Chapter 20.  Discussion and Action.

AGENDA ITEM DESCRIPTION

In 2018, the Arizona State Legislature approved and the Governor signed into law Senate Bill 1140, which amended Title 9 of the Arizona Revised Statutes by adding Chapter 13 relating to video and cable services.  The new statute declares the regulation of video service is a matter of state-wide concern and requires local governments adopt uniform licensing language and change any applicable code to comply with State law concerning the licensing and regulation of video services. 

On June 18, 2019, City Council approved Resolution 19-29, which adopted the Uniform Video Service License Agreement and Application.

The City has adapted a model uniform Cable Television Code to bring City Code into compliance with State law, while establishing standards in those areas where State law continues to leave some discretion to local governments, including indemnification, right-of-way management, and undergrounding of facilities.  Additionally, the new statute allows local governments to charge a license fee up to 5% of gross revenues.  The proposed code will set the City’s fee at this statutory maximum.

Key points include:

•                     Local governments may require not more than two channels of public, educational or governmental access programming in the basic service tier of the video service network and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the Federal Government. 

•                     Cable license e...

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