California Public Utilities Code § 5840

Public Utilities Code
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(a) The commission is the sole franchising authority for a state franchise to provide video service under this division. Neither the commission nor any local franchising entity or other local entity of the state may require the holder of a state franchise to obtain a separate franchise or otherwise impose any requirement on any holder of a state franchise except as expressly provided in this division. Sections 53066, 53066.01, 53066.2, and 53066.3 of the Government Code shall not apply to holders of a state franchise. (b) The application process described in this section and the authority granted to the commission under this section shall not exceed the provisions set forth in this section. (c) Any person or corporation who seeks to provide video service in this state for which a franchise has not already been issued, after January 1, 2008, shall file an application for a state franchise with the commission. The commission may impose a fee on the applicant that shall not exceed the actual and reasonable costs of processing the application and shall not be levied for general revenue purposes. (d) No person or corporation shall be eligible for a state-issued franchise, including a franchise obtained from renewal or transfer of an existing franchise, if that person or corporation is in violation of any final nonappealable order relating to either the Cable Television and Video Provider Customer Service and Information Act (Article 3.5 (commencing with Section 53054) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code) or the Video Customer Service Act (Article 4.5 (commencing with Section 53088) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code). (e) The application for a state franchise shall be made on a form prescribed by the commission and shall include all of the following: (1) A sworn affidavit, signed under penalty of perjury by an officer or another person authorized to bind the applicant, that affirms all of the following: (A) That the applicant has filed or will timely file with the Federal Communications Commission all forms required by the Federal Communications Commission before offering cable service or video service in this state. (B) That the applicant or its affiliates agrees to comply with all federal and state statutes, rules, and regulations, including, but not limited to, the following: (i) A statement that the applicant will not discriminate in the provision of video or cable services as provided in Section 5890. (ii) A statement that the applicant will abide by all applicable consumer protection laws and rules as provided in Section 5900. (iii) A statement that the applicant will remit the fee required by subdivision (a) of Section 5860 to the local entity. (iv) A statement that the applicant will provide PEG channels and the required funding as required by Section 5870. (C) That the applicant agrees to comply with all lawful city, county, or city and county regulations regarding the time, place, and manner of using the public rights-of-way, including, but not limited to, payment of applicable encroachment, permit, and inspection fees. (D) That the applicant will concurrently deliver a copy of the application to any local entity where the applicant will provide service. (2) The applicant’s legal name and any name under which the applicant does or will do business in this state. (3) The address and telephone number of the applicant’s principal place of business, along with contact information for the person responsible for ongoing communications with the commission. (4) The names and titles of the applicant’s principal officers. (5) The legal name, address, and telephone number of the applicant’s parent company, if any. (6) A description of the video service area footprint that is proposed to be served, as identified by a collection of United States Census Bureau Block numbers (13 digit) or a geographic information system digital boundary meeting or exceeding n

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