City Council Regular Meeting


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Meeting Date: 01/08/2020  
Res. 20-1390, Revisions to Uniform Video Service License regulations
Submitted By: Juan Flores, Administration

DISCUSSION/DECISION on approval of RESOLUTION NO. 20-1390, a Resolution of the Mayor and Council of the City of Douglas, Cochise County, Arizona, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE THE CABLE SERVICES/TELEVISION and RELATED SERVICES; establishing severability of components and establishing an effective date thereof.
The current resolution includes follow-up guidelines to the Uniform Video Service License legislation presented as Ordinance 19-1110 in June 2019. The revisions included are consistent with the form that many municipalities in the state of Arizona have adopted and reflects the State law requirements. The additional language ensure compliance with federal, state and local laws governing video services.
The applicable State Law is under Chapter 13 of Title 9 under A.R.S. § 9-1401 through 9-1452, with Video Service Provider licensing a matter of statewide concern. The law mandated local authorities adopt uniform licensing forms for Video Service Providers and the League of Arizona Cities and Towns provided a platform that worked with industry stakeholders and other municipalities to develop the Uniform Video Service License and Application prescribed by State law.
While licensing is required to be uniform across the State, the management of right-of-way activities and local revenues associated with this type of use will be preserved through each city's code provisions. An update to the Municipal Code is being done to ensure full compliance with applicable State law, all in addition to Ordinance No. 19-1110 that incorporated all standard terms and conditions applicable to all franchises, licenses, and encroachment permits, and special conditions referenced in State law.

"...that the Mayor and Council approve Resolution No. 20-1390."

Fiscal Impact

Federal law stipulates that local jurisdictions may assess cable operators 5% of their gross revenues for use of the public right-of-way. The State Law preserves that ability while amending related definitions. These amendments have the potential to affect revenues, but it is anticipated the impact will be minimal, yet will not be known until providers begin operating under the new statutes.
State law does not allow the assessment of a license application fee for Video Service Providers operating under the uniform licensing.
Exhibit "A" Revisions
Video Service Application
Video Service License
Res. 20-1390 Cable Revisions Res.
DMC 5.12 Title Page


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