The California Digital Infrastructure Act – California Globe

California has quite a few formal acts in statute. Public Utilities Code Division 2.5 gives The Digital Infrastructure and Video Competitors Act of 2006, which is contained in Part 5800 to 5970. Division 2.5 was added in 2006 by Chapter 700. Part 5800 names the Act.

Part 5810 gives quite a few legislative findings and declarations together with that rising competitors for video and broadband providers is a matter of statewide concern for 4 major causes. Furthermore, laws to develop this new course of ought to adhere to specified rules.

As well as, the general public curiosity is greatest served when enough funds are appropriated to the Public Utilities Fee (PUC) to supply enough employees and sources to appropriately and well timed course of functions of video service suppliers and to make sure full compliance with the necessities of this division.

Lastly, it’s the intent of the Legislature {that a} video service supplier should pay as lease a franchise charge to the native entity in whose jurisdiction service is being offered for the continued use of streets, public amenities, and different rights-of-way of the native entity with a purpose to present service. It’s the intent of the Legislature that collective bargaining agreements be revered. And, it’s the intent of the Legislature that the definition of gross revenues on this division should end in native entities sustaining their present degree of income from franchise charges.

Part 5820 gives that nothing on this division is deemed to create a vested proper in a state-issued franchise by the franchise holder or its associates that might preclude the state from amending the provisions that set up the phrases and circumstances of a franchise. And, the holder of a state franchise is just not deemed a public utility on account of offering video service beneath this division.

Part 5830 gives definitions for the next phrases: “broadband”; “cable operator”; “cable service”; “cable system”; “fee”; “franchise”; “franchise charge”; “holder”; “holder of a state franchise”; “incumbent cable operator”; “native entity”; “native franchising entity”; “community”; “open-video system”; “OVS operator”; “public rights-of-way”; “state franchise”; “subscriber”; “video programming”; “video service”; and, “video service supplier.”

Part 5840 gives that the PUC is the only real franchising authority for a state franchise to supply video service beneath this division. The appliance for a state franchise have to be made on a type prescribed by the PUC and should embody specified info. The state franchise issued by the PUC should include specified info. It’s illegal to supply video service with out a state or domestically issued franchise. There’s a state franchise charge payable as lease or a toll for the usage of the general public rights-of-way by holders of the state franchise issued pursuant to this division. The state franchise charge should apply equally to all video service suppliers within the native entity’s jurisdiction.

Part 5850 gives {that a} state-issued franchise is barely legitimate for 10 years after the date of issuance, and the holder should apply for a renewal of the state franchise for an extra 10-year interval if it needs to proceed to supply video providers within the space lined by the franchise after the expiration of the franchise.

Part 5860 gives that the holder of a state franchise that provides video service inside the jurisdiction of the native entity should calculate and remit to the native entity a state franchise charge. The state franchise charge is a proportion of the holder’s gross revenues. No native entity or every other political subdivision of this state might demand any extra charges or costs or different remuneration of any type from the holder of a state franchise primarily based solely on its standing as a supplier of video or cable providers apart from as set forth on this division and will not demand the usage of every other calculation methodology or definition of gross revenues.

As well as, the time period “gross revenues” is outlined and doesn’t embody specified objects. No more than as soon as yearly, a neighborhood entity might look at the enterprise information of a holder of a state franchise to the extent fairly mandatory to make sure compensation in accordance with this part.

Part 5870 requires the holder of a state franchise to designate a enough quantity of capability on its community to permit the availability of the identical variety of public, instructional, and governmental entry (PEG) channels, as are activated and offered by the incumbent cable operator that has concurrently activated and offered the best variety of PEG channels inside the native entity beneath the phrases of any franchise in impact within the native entity as of January 1, 2007.

As well as, the PEG channels are for the unique use of the native entity or its designee to supply public, instructional, and governmental channels. The PEG channels can be utilized just for noncommercial functions. The native entity is required to make sure that all transmissions, content material, or programming to be transmitted by a holder of a state franchise are offered or submitted in a way or type that’s appropriate with the holder’s community, if the native entity produces or maintains the PEG programming in that method or type.

Lastly, a neighborhood entity might, by ordinance, set up a charge to assist PEG channel amenities in step with federal regulation that might turn into efficient subsequent to the expiration of any charge imposed. The charge can’t exceed 1 p.c of the holder’s gross revenues.

Part 5880 requires holders of state franchises to adjust to the Emergency Alert System necessities of the Federal Communications Fee so that emergency messages could also be distributed over the holder’s community.

Part 5885 requires the native entity to permit the holder of a state franchise beneath this division to put in, assemble, and keep a community inside public rights-of-way beneath the identical time, place, and method because the provisions governing phone firms beneath relevant state and federal regulation. The time period “encroachment allow” is outlined.

Part 5890 gives {that a} cable operator or video service supplier that has been granted a state franchise beneath this division might not discriminate in opposition to or deny entry to service to any group of potential residential subscribers due to the revenue of the residents within the native space through which the group resides.

Part 5895 requires the PUC to gather granular knowledge on the precise places served by the holder of a state franchise.

Part 5900 requires the holder of a state franchise to adjust to specified sections of the Authorities Code, and every other customer support requirements pertaining to the availability of video service established by federal regulation or regulation or adopted by subsequent enactment of the Legislature. All customer support and shopper safety requirements beneath this part have to be interpreted and utilized to accommodate newer or completely different applied sciences whereas assembly or exceeding the objectives of the requirements.

Part 5910 requires the holder of a state franchise to carry out background checks of candidates for employment, in accordance with present enterprise practices.

Part 5920 requires a holder of a state franchise using greater than 750 complete workers in California to yearly report back to the PUC specified info.

Part 5930 gives that any video service supplier that at present holds a franchise with a neighborhood franchising entity in a county that could be a celebration, both alone or along side every other native franchising entity positioned in that county, to a stipulation and consent judgment executed by the events thereto and accredited by a federal district courtroom should neither be entitled to hunt a state franchise in any space of that county, together with any unincorporated space and any included metropolis of that county, nor abrogate any present franchise earlier than July 1, 2014.

Part 5940 gives that the holder of a state franchise beneath this division who additionally gives stand-alone, residential, major line, fundamental phone service can’t improve this charge to finance the price of deploying a community to supply video service.

Part 5950 prohibits the PUC from allowing a phone company that’s offering video service straight or by its associates pursuant to a state-issued franchise as an incumbent native change provider to extend charges for residential, major line, fundamental phone service above the speed as of July 1, 2006, till January 1, 2009, until that phone company is regulated beneath charge of return regulation.

Part 5970 gives {that a} state franchise could also be transferred to any successor in curiosity of the holder to which the certificates initially is granted, whether or not this switch is by merger, sale, project, chapter, restructuring, or every other sort of transaction, offered that specified circumstances are met.