§ 5.13.010. General provisions.

A.

Purpose. This chapter is intended to be applicable to state franchise holders who have been awarded a state video franchise under Division 2.5 (commencing with Section 5800) of the Public Utilities Code (the "Digital Infrastructure and Video Competition Act of 2006" or "DIVCA"), to serve any location(s) within the unincorporated areas of the county. It is the purpose of this chapter to implement within the unincorporated areas of the county the provisions of DIVCA and the rules of the California Public Utilities Commission promulgated thereunder that are applicable to a "local franchising entity" or a "local entity" as defined in DIVCA.

B.

Rights Reserved.

1.

The rights reserved to the county under this chapter are in addition to all other rights of the county, whether reserved by this chapter or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the county.

2.

Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:

a.

Compliance with applicable requirements for the privilege of transacting and carrying on a business within the county, including, but not limited to, compliance with the conditions that the county may establish before facilities may be constructed for, or providing, non-video services;

b.

Any permit or authorization required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits and street cut permits; and

c.

Any permit, agreement or authorization for occupying any other property of the county or any private person to which access is not specifically granted by the state franchise.

3.

No permit issued by the county to a state franchise holder is itself a franchise, nor shall any permit create a vested right that would prohibit the county from revoking or amending the permit.

C.

Compliance with Calaveras County Code and Ordinances. Nothing contained in this chapter shall be construed to exempt a state franchise holder from compliance with all codes, ordinances, rules or regulations of the county now in effect or which may be hereafter adopted which are consistent with this chapter or California Public Utilities Code section 5800 et seq., or any obligations under any franchise issued by the county insofar as those obligations may be enforced under California Public Utilities Code § 5800 et seq.

D.

Compliance with DIVCA. When a video service provider holding a state franchise provides notice to the county pursuant to 5840(m) of DIVCA that it is commencing to provide video service to the county, a holder of a county franchises shall seek a state franchise pursuant to 5930(c) of DIVCA, and upon issuance of the state franchise by the California Public Utilities Commission for the franchise area, the county franchise shall terminate.

(Ord. No. 2996, § 1, 8-9-2011)