BILL NUMBER: SB 909	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Escutia

                        FEBRUARY 22, 2005

   An act to amend Section 53066.3 of the Government Code, relating
to cable television franchises.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 909, as introduced, Escutia.   Local cable television
franchises.
   Existing law requires that if a city, county, or city and county
elects to grant an additional cable television franchise in an area
where a franchise has already been granted, it shall first conduct a
noticed public hearing at which specified issues are considered.
   This bill would make a technical, nonsubstantive change in that
requirement.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 53066.3 of the  Government Code  is amended to
read:
   53066.3.  (a) If a city, county, or city and county elects to
grant an additional cable television franchise in an area where a
franchise has already been granted to a cable television operator, it
shall do so only after a public hearing noticed pursuant to Section
6066, in a newspaper of general circulation as defined in Section
6000, where all of the following have been considered:(1) Whether
there will be significant positive or negative impacts on the
community being served.
   (2) Whether there will be an unreasonable adverse economic or
aesthetic impact upon public or private property within the area.
   (3) Whether there will be an unreasonable disruption or
inconvenience to existing users, or any adverse effect on future use,
of utility poles, public easements, and the public rights-of-way
contrary to the intent of Section 767.5 of the Public Utilities Code.

   (4) Whether the franchise applicant has the technical and
financial ability to perform.
   (5) Whether there is any impact on the franchising authority's
interest in having universal cable service.
   (6) Whether other societal interests generally considered by
franchising authorities will be met.
   (7) Whether the operation of an additional cable television system
in the community is economically feasible.
   (8)  Such   Any  other additional
matters, both procedural and substantive, as the franchising
authority may determine to be relevant.
   (b) Nothing in this section prevents any city, county, or city and
county from considering the approval or denial of an additional
cable service franchise in any area of the city, county, or city and
county, subject to compliance with subdivision (d), or the imposing
of additional terms and conditions upon the granting of the
franchise, as the city, county, or city and county determines is
necessary or appropriate.
   (c) The city, county, or city and county shall make a final
determination as to whether to grant the additional franchise within
six months of the application date unless the jurisdiction can
establish that the applicant has unreasonably delayed proceedings
designed to consider the matters set forth in paragraphs (1) to (8),
inclusive, of subdivision (a).
   (d) Any additional franchise granted to provide cable television
service in an area in which a franchise has already been granted and
where an existing cable operator is providing service or certifies to
the franchising authority that it is ready, willing, and able to
provide service, shall require the franchisee to wire and serve the
same geographical area within a reasonable time and in a sequence
which does not discriminate against lower income or minority
residents, and shall contain the same public, educational, and
governmental access requirements that are set forth in the existing
franchise. This subdivision does not apply where all existing cable
operators certify to the franchising authority that they do not
intend to provide service within a reasonable time to the area to be
initially served by the additional franchise.