A. A fee paid to the city is hereby established for the support of public, educational, and governmental access facilities and activities within the city. Unless a higher percentage is authorized by applicable state or federal law, this fee shall be one percent of a state video holder’s gross revenues, as defined in California Public Utilities Code Section 5860. This fee shall be remitted quarterly to the city treasurer and must be received not later than forty-five days after the end of the preceding quarter. The fee payment shall be accompanied by a summary that explains the basis for the calculation of the support fee for local cable usage.

B. The city’s interpretation of Section 5870(n) of the Public Utilities Code is that the one percent fee to support PEG channel facilities authorized by that code section does not expire upon the expiration of any particular state franchise holder but shall expire and may be reauthorized upon the expiration of the legislative authorization of the state franchise. However, to the extent any court or reviewing authority finds otherwise, the city hereby reauthorizes the fee set forth in this section on state-franchised video service providers operating within the city, to support public, educational, and governmental access channel facilities, which fee shall remain unchanged and in full effect as to all state-franchised video service providers operating within the city. The city hereby reauthorizes the fee on any additional state franchised video service providers that are or will be operating in the city of San Luis Obispo to support public, educational, and governmental access channel facilities, upon the expiration of that state franchise, which fee shall remain unchanged and in full effect. Notwithstanding Public Utilities Code Section 5870(n), upon the expiration of any state video franchise, without any further action of the city council, this section shall be deemed to have been automatically reauthorized, unless the state franchise holder has given the city manager and the city council written notice ninety days prior to the expiration of its state franchise that the state franchise holder believes the section will expire concurrently with the expiration of its state franchise pursuant to the terms of Public Utilities Code Section 5870(n). (Ord. 1645 § 1, 2018: Ord. 1542 § 1 (part), 2010)