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Mailed: November 25, 2008


Communications Division


Policy & Decision Analysis Branch

November 21, 2008


Resolution T- 17180, providing for changes to the Commission's video franchise forms to conform to D. 07-03-014 and DIVCA.



This Resolution makes changes to the Commission's video franchise application to allow the Commission to properly implement requirements of DIVCA, D. 07-03-014, and the California Government Code.


The Digital Infrastructure and Video Competition Act of 2006 (DIVCA) (AB 2987, Ch. 700, Stats. 2006) was signed into law on September 29, 2006, creating for the first time a process for the issuance of state video franchises in California. On March 1, 2007, the Commission issued D. 07-03-014 (DIVCA Decision) 1, implementing DIVCA, and began accepting video franchising applications immediately thereafter. After receiving an application, Commission staff reviews it for completeness. If deemed complete, a Video Franchise Certificate is issued. To date, the Commission has issued twenty seven video franchises.

On September 6, 2007, the Commission issued Resolution T- 17107, brought on its own motion, which delegated to the Division Director the authority to make changes to the video franchise forms, including the video franchise application (Application) by resolution. Pursuant to that authority, this Resolution makes further changes to the video franchise application in order to make it consistent with the DIVCA, DIVCA Decision, and the California Government Code.2


To date, the Commission has issued twenty seven video franchises. As a result of its experience processing the applications and data submissions associated therewith, staff has discovered the need for further clarification with the respect to the submission of information required on the video franchise application. Accordingly, the Director proposes to modify the forms as follows.3

The Application correctly requires state franchise applicants to provide a geographic description of the Video Service Area by submitting either: a) a collection of U.S. Census Bureau Census Block Groups, or b) a geographic information system digital boundary meeting or exceeding national map accuracy standards. However, the Application fails to specify the form any digital boundary is submitted in. In order to facilitate staff's ability to correctly assess and record a holder's franchise footprint, the Commission will require applicants who choose to submit a digital boundary file to submit it in polygon form. We amend the Application accordingly.


In compliance with PU Code Section 311(g), a copy of this proposed Resolution was either mailed or e-mailed to all parties of record in R. 06-10-005 on October 22, 2008.


1. The Commission has authorized the Director of the Communications Division to obtain approval of modifications to video franchise forms by preparing a resolution for Commission consideration.

2. A certain provision of the current Application requires amendment in order for the Commission to properly implement DIVCA, the DIVCA Decision, or the California Government Code.

3. The Communications Division's modifications are reasonable and should be adopted.

4. Parties of Record in R. 06-10-005 were provided with notice of this Resolution in accordance with PU Code Section 311(g).

5. The Communication Division did not receive comments from parties of record in R06-10-0005


1. The current Video Franchise Application shall be replaced with the documents included in Attachment A, which reflect the modifications contained in this Resolution.

This Resolution is effective today.

I hereby certify that the Public Utilities Commission at its regular meeting on November 21, 2008 adopted this Resolution. The following Commissioners approved it:



Executive Director




Definitions for the purposes of this Application:


Type of Application

1. Check as appropriate:

Applicant Information

2. Applicant's State Video Franchise number (if seeking an amended Franchise):

3. Applicant's full legal name:

4. Name under which the Applicant does or will do business in California:

5. Legal name and contact information of Applicant's parent companies, including the

ultimate parent:

6. Applicant's principal place of business:

7. Contact information for the person responsible for ongoing communication with the Commission about Video Service business:

8. Attach as Appendix A the names and titles of the Applicant's principal officers.

Build-Out Information

Answer questions 9 through 11 only if the Applicant or one of its Affiliates is a Telephone Corporation. Other Applicants should go to Question 13.

9. Does the Applicant alone or together with its Affiliates have more than 1,000,000 telephone customers in California?

10. Does the Video Service Area include areas outside of the Telephone Service Area of the

11. Is the Applicant primarily deploying fiber optic facilities to the customer's premise?

12. Excluding direct-to-home satellite, is Video Service currently offered by another Video

Existing Local Cable or Video Franchise Holder Information

13. Does the Applicant alone or together with its Affiliates currently hold a local franchise, or has the Applicant held a local franchise in the Video Service Area in the last six months,?

Video Service Area Information


15. Socioeconomic status information of residents within the Video Service Area

16. Socioeconomic status information of residents within the Telephone Service Area

Financial, Legal, and Technical Qualifications

17. Provide or attest in the attached Affidavit that Applicant shall provide a copy of a fully executed bond in the amount of $100,000 per 20,000 households in the Video Service Area, with a $100,000 minimum and a $500,000 maximum per State Video Franchise Holder, to the Executive Director prior to initiating video service and no later than 5 business days after the date of the Commission's issuance of a State Video Franchise to the Applicant. The bond must list the Commission as obligee and be issued by a corporate surety authorized to transact a surety business in California.

Local Entity Contact Information

18. Utilizing the template provided at http://www.cpuc.ca.gov/video/application, the

Application Fee

19. Attach to this Application a check in the amount of $2,000 made payable to the "California Public Utilities Commission."


20. Complete and submit the affidavit attached as Appendix B to this Application.







STATE OF ________________

COUNTY OF ________________

My name is ____________________________. I am ___________________(Title) of __________________________ (Company). My personal knowledge of the facts stated herein has been derived from my employment with ____________________________ (Company).

I swear or affirm that I have personal knowledge of the facts stated in this Application for a California State Video Franchise to provide Video Service, I am competent to testify to them, and I have the authority to make this Application on behalf of and to bind the Company.

I further swear or affirm that ________________________ [Name of Applicant] shall fulfill the following requirements:

I further swear or affirm that ________________________ [Name of Company] agrees to comply with all federal and state statutes, rules, and regulations, including, but not limited to, the following:

I swear or affirm that all of the statements and representations made in this Application are true and correct.

Signature and title

Typed or printed name and title

1 Decision Adopting a General Order and Procedures to Implement the Digital Infrastructure and Video Competition Act of 2006, in Rulemaking for Adoption of a General Order and Procedures to Implement the Digital Infrastructure and Video Competition Act of 2006 (D. 07-03-014, March 3, 2007).

2 A copy of the revised Application and Affidavit are attached as Attachment A.

3 In addition, several clerical errors currently in the Application and Affidavit, not discussed here, have also been corrected.

4 Cal. Pub. Util. Code § 5840(c). This fee is not levied for general revenue purposes, consistent with Public Utilities Code § 5840(c).

5 Id. at § 5830(a). The Federal Communications Commission currently uses the term "broadband" and "advanced telecommunications capability" to describe services and facilities with an upstream (customer-to-provider) and downstream (provider-to-customer) transmission speed of more than 200 kilobits per second. Federal Communications Commission, Availability of Advanced Telecommunications Capability in the United States, Fourth Report to Congress, FCC 04-208, 10 (Sept. 9, 2004). This definition, however, is under review by the Commission, and it may evolve in response to rapid technological changes in the marketplace. Id.

6 Cal. Pub. Util. Code at § 5960(a).

7 Id. at § 5890(j)(1).

8 Id.

9 Id. at § 5830(k).

10 Id. at § 5890(j)(2) (defining "low-income households" for the purposes of imposing build-out requirements).

11 Id. at § 5830(p).

12 Id. at § 5830(i).

13 Id. at § 5830(s).

14 Id. at § 5830(t).

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