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ORDINANCE NO. 2351 <br /> (UNCODIFIED) <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, <br /> CALIFORNIA, AMENDING UNCODIFIED ORDINANCE NO. 2276 AND <br /> REAUTHORIZING THAT ORDINANCE AS AMENDED, INCLUDING THE <br /> FEE PAID TO THE CITY BY STATE VIDEO FRANCHISE HOLDERS <br /> FOR PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS <br /> PURPOSES <br /> WHEREAS, in 2006, the Digital Infrastructure and Video Competition Act was <br /> signed into law and codified at California Public Utilities Code section 5800, et seq., <br /> ("DIVCA"); and <br /> WHEREAS, DIVCA established a state video franchising system that replaced <br /> local cable franchising but also recognized the continued need to protect local revenues <br /> and control of public rights of way; and <br /> WHEREAS, DIVCA provides that state video franchises are issued by the <br /> California Public Utilities Commission ("CPUC") and have a stated term of 10 years; and <br /> WHEREAS, DIVCA provides that a local entity may, by ordinance, establish a fee <br /> to support public access, educational, and government ("PEG") purposes payable by <br /> state video franchise holders; and <br /> WHEREAS, the City Council of Arcadia adopted Ordinance No. 2276, which <br /> amended Uncodified Ordinance No. 2206 in order to address holders of State video <br /> franchises issued by the CPUC pursuant to DIVCA, including providing for the payment <br /> of a fee of 1% of gross revenues of each State video franchise holder which operates <br /> within the City, to support public, educational, and government ("PEG") access <br /> purposes; and <br /> 1 <br />