Agenda

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Regular Agenda Item 3. H.

Regular BOS Meeting

Meeting Date:	12/03/2019
Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Clerk of the Board of Supervisors

Information

Request/Subject

Adoption of Resolution No. 19-12-01 and Standard Form of Uniform Video Service License Agreement, Application and Affidavit.

Background Information

During the most recent legislative session, House Bill 2229 passed. It amended various Title 9 statutes which mostly apply to cities and towns, and added language to Title 11, which applies to counties. All of the changes are directly related to cable operators, now referred to as "video service providers." A.R.S. § 11-1911 (A) states, "From and after December 31, 2019, a county has the exclusive authority to issue a uniform video service provider license to a person to provide video service and to construct and operate a video service network in any service area within it boundaries." Paragraph B of that statute requires that each county adopt a standard form of uniform video service license agreement for video service providers to be used by the county and a standard form of application and affidavit as described in A.R.S. § 11-1914.

Other statutory changes also effect the timeline to approve video service applications and issue video service licenses. The County must issue the license within 45 days of receipt of the application.

Evaluation

The Clerk of the Board has responsibility for all cable and utility franchises to include accepting and reviewing the applications, presenting the information to the Board for issuance of the license, ensuring payment of 5% gross annual revenues are received, conducting audits when necessary and receiving customer complaints. It would be beneficial for the Board of Supervisors to authorize the Clerk of the Board authority to administratively approve video service licenses due to the short timeframe allowed by law to issue the license. Resolution No. 19-12-01 is being presented to the Board for consideration of adoption. The following forms are also being presented to the Board of Supervisors for adoption: Application and Affidavit for Uniform Video Service License, and Model Uniform Video Service License Agreement.

Conclusion

To meet statutory requirements, the Board of Supervisors needs to adopt the forms related to video service providers, and consider adopting Resolution No. 19-12-01, which authorizes the Clerk of the Board to administratively approve uniform video service licenses pursuant to A.R.S. § 11-1914.

Recommendation

The County Manager and the Clerk of the Board recommend that the Board of Supervisors adopt Resolution No. 19-12-01 and the use of the following forms: Application and Affidavit for Uniform Video Service License, and Model Uniform Video Service License Agreement.

Suggested Motion

Information/Discussion/Action to adopt Resolution No. 19-12-01 which authorizes the Clerk of the Board to administratively approve uniform video service licenses pursuant to A.R.S. § 11-1914, and adopt the following forms - Application and Affidavit for Uniform Video Service License, and Model Uniform Video Service License Agreement as prescribed by A.R.S. § 11-1911. (Marian Sheppard)

Attachments
Resolution No. 19-12-01
VSP License Agreement Form