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Regular Agenda Item 3. K.

Regular BOS Meeting

Meeting Date:	12/17/2019
Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Clerk of the Board of Supervisors

Information

Request/Subject

Adopt Resolution No. 19-12-04 to Repeal and Replace Resolution No. 01-08-06

Background Information

The Cable Licensing Statute (A.R.S. sect. 11-1901 et seq.) has been amended by the State of Arizona following its determination that the regulation of video service providers (cable companies) is an issue of state-wide concern. The County will no longer be allowed to have franchise agreements with video service providers. Instead, if the County wishes to continue to regulate the use of its roadways and collect the cable license fees that it has previously collected through franchise agreements, it must adopt a " local law" (resolution, ordinance, code or regulation) for that purpose. The attached Resolution meets the statutory definition of local law, and it provides the mechanism by which the County can regulate the use of its roadways and continue to collect license fees from video service providers.

Evaluation

There are certain statutory requirements that must be met by the County by year-end which pertain to cable service providers. Per statutory requirement, on December 3, 2019, the Board of Supervisors adopted a Standard Form of Uniform Video Service License Agreement, Application, and Agreement (A.R.S. § 11-1911), and Resolution No. 19-12-01 which authorized the Clerk of the Board of Supervisors to administratively approve uniform video service licenses (A.R.S. sect. 11-1914).

Resolution No. 19-12-04 is being presented to the Board for adoption. It repeals and replaces Resolution No. 01-08-06 that previously established regulations and guidelines for cable service operations. The new Resolution incorporates all of the recent changes to the Cable Licensing Statute (A.R.S. sect. 11-1901 et seq.)

Conclusion

The Board of Supervisors should consider adopting Resolution No. 19-12-04 to meet statutory requirements as outlined in the Cable Licensing Statute (A.R.S. sect. 11-1901 et seq.)

Recommendation

It is recommended that the Board adopt Resolution No. 19-12-04.

Suggested Motion

Information/Discussion/Action to adopt Resolution No. 19-12-04 to repeal and replace Resolution No. 01-08-06, and establish regulations for the issuance of licenses to video service providers to construct and operate video service networks in Gila County. (Marian Sheppard)

Attachments
Resolution No. 19-12-04