29, 2006, Governor Schwarzenegger signed into law Assembly
Bill (AB) 2987 (P.U.
Code section 5850), the Digital
Infrastructure and Video Competition Act of 2006 (DIVCA). DIVCA
substantially preempted the ability of individual municipalities to grant cable
operating franchises (and renewals) to entities seeking statewide video
designated the CPUC as the appropriate regulatory agency to issue statewide
franchises, which are valid for 10 years and then require renewal. The
statute also authorizes ORA to advocate on behalf of video subscribers in
2007, the CPUC established rules for granting franchises in General
Order 169 in compliance with AB 2987.
CPUC Rulemaking for Franchise Renewal Rules
May 2013, the CPUC opened the DIVCA Rulemaking
to establish rules for renewing franchises. On December 24, 2013, the
CPUC issued a Ruling
with CPUC Staff’s
Report attached to the Ruling
responding to parties’ comments and proposing amendments to General
Order 169 which implements the
Digital Infrastructure and Video Competition Act of 2006.
CPUC Decision on Franchise Renewal Rules
August 29, 2014, the CPUC issued a Decision
establishing procedures and requirements for the renewal of video franchises,
Franchise Renewal process will be the same as the CPUC’s initial
application process, which is ministerial and compliance is self-certified
based on franchisees filing of an affidavit with the CPUC.
CPUC lacks authority to expand the video franchise renewal process beyond
its current application process.
comments on applicant’s Renewal application will have no bearing on CPUC
ORA Policy Position
does not support the CPUC’s August 2014 Decision, which interprets state law
to require the franchise renewal process to be simply ministerial.
filed a Petition
for Modification with the CPUC
requesting changes that will comport with state law and that are necessary
to operate the franchise renewal process in an open and transparent manner.
Public Participation Hearings
language stating that ORA’s comments will not be considered as part of the
renewal application process
practices are also consistent with:
Law that requires adequate
public notice and comment in franchise renewals.
Law requiring ORA to advocate
on behalf of video subscribers.
ORA’s July 1, 2015 Petition
for Modification on the CPUC's Franchise Renewal Decision.
of its analysis on the DIVCA Renewal process.
that the CPUC adopt a process for DIVCA franchise renewal applications that
permits the stakeholders the opportunity to submit meaningful comments on the
renewal process, including:
based on redlining
Education and Government (PEG) Channel Access
for Fines and Violations
the Franchise Renewal Applications must contain
ORA's January 24, 2014 Opening
Comments on the CPUC Staff Report.
ORA's February 18, 2014 Reply
CPUC Proposed Decision on the DIVCA Renewal process is pending and anticipated
by summer 2014.
the CPUC's Video