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Imf 11/27/2017 <br />ORDINANCE NO. NS -XXX <br />AN UNCODIFIED ORDINANCE OF THE CITY <br />COUNCIL OF THE CITY OF SANTA ANA <br />REAUTHORIZING THE PUBLIC, EDUCATIONAL, <br />AND GOVERNMENT (PEG) FEE ON STATE VIDEO <br />SERVICE FRANCHISES OPERATING WITHIN THE <br />CITY <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, <br />and declares as follows. <br />A. Section 5870(n) of the California Public Utilities Code, which was enacted <br />as part of the Digital Infrastructure and Video Competition Act of 2006, authorized the City <br />of Santa Ana to adopt an ordinance establishing a fee on state -franchised video service <br />providers operating within the City to support public, educational, and governmental <br />access channel ("PEG") facilities. <br />B. In 2008, the City adopted Ordinance No. 2774 establishing such a fee <br />equivalent to 1% of the state franchisee's gross revenue, as codified at Santa Ana <br />Municipal Code, Chapter 15, Article II, Division 6, Section 15-271. <br />C. Section 5870(n) of the Public Utilities Code provides that such an ordinance <br />shall expire, and may be reauthorized, upon the expiration of a state franchise. <br />D. The state -issued franchise covering the City, California Video Franchise <br />Certificate Franchise No. 0002, granted to Pacific Bell Telephone Company d/b/a SBC <br />Pacific Bell Telephone Company d/b/a AT&T California, expired on March 30, 2017 and <br />was renewed on that same date. <br />E. The state -issued franchise covering the City, California Video Franchise <br />Certificate Franchise No. 0020, granted to Time Warner Cable Pacific West LLC d/b/a <br />Charter Communications, will expire on January 2, 2018 and will be renewed on that <br />same date. <br />F. This ordinance is not intended to impose a new or increased PEG fee, but <br />rather is intended to reauthorize the already existing PEG fee at the same level, to the <br />extent such reauthorization may be necessary to continue to collect the fee. <br />SECTION 2. The City Council of the City of Santa Ana hereby reauthorizes the <br />fee on state -franchised video service providers to support PEG facilities, as codified at <br />Santa Ana Municipal Code, Chapter 15, Article II, Division 6, Section 15-271. This fee <br />Ordinance No. NS -XXX <br />Page 1 of 3 <br />11 A-3 <br />