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jmf11/27/2017 <br />ORDINANCE NO. NS -2934 <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 <br />VIDEO SERVICE FRANCHISES OPERATING <br />WITHIN THE 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 as <br />part of the Digital Infrastructure and Video Competition Act of 2006, authorized <br />the City of Santa Ana to adopt an ordinance establishing a fee on state - <br />franchised video service providers operating within the City to support public, <br />educational, and governmental 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 <br />Ana 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 <br />SBC Pacific Bell Telephone Company d/b/a AT&T California, expired on March <br />30, 2017 and 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 <br />d/b/a Charter Communications, will expire on January 2, 2018 and will be <br />renewed on that 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, <br />to the extent such reauthorization may be necessary to continue to collect the <br />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 />Ordinance No. NS -2934 <br />Page 1 of 3 <br />