RAF with a September 4, 2019 The Honorable Paul M. Haakenson Presiding Judge Marin County Superior Court Mr. Pat*

R2

The MTA's franchise fee collection and disbursement responsibilities should be moved to the MGSA. Response: This recommendation requires further analysis. The City of San Rafael is a member of both the Marin Telecommunications Agency (MTA) and the Marin General Services Authority (MGSA). According to the MTA, these two joint powers authorities have engaged in discussions regarding the assumption by MGSA of MTA's functions related to the collection and disbursement of franchise fees. More recently, in 2018, the MTA's Executive Officer and MGSA's Executive Director met to discuss possible arrangements and determined that incorporating the responsibilities of MTA into MGSA's existing staffing and programmatic structure was not feasible. These conversations resulted in MTA retaining that function. Should the current franchise fee revenue stream decline, it may be advisable at some point to reevaluate the most cost- effective approach. However, at this time, the City recommends that the MTA retain its franchise fee collection and disbursement responsibilities.

R4

The MTA should be dissolved. Response: This recommendation requires further analysis. The MTA is a joint powers authority that was formed in 1998 to provide participating agencies increased coordination with respect to franchising and regulating telecommunications services and to set policies that provide more effective and efficient telecommunications benefits to the community. On September 29, 2006, the Digital Infrastructure and Video Competition Act of 2006 (DIVCA) was passed into law, which required that video franchises be issued by the California Public Utilities Commission, rather than local entities. The effect of DIVCA, and its later amendments, was to divest the MTA and its member jurisdictions (i.e., Marin County and its municipalities) of control over local telecommunications (including internet access), leaving it with specific authority only over cable TV franchise and PEG fees. Given this reduction in its responsibility, the MTA narrowed its mission statement in 2016 but still identified telecommunications as an area of continuing local concern, as follows: Support availability, accessibility, affordability and public inclusion in the advancement and enhancement of telecommunications infrastructure and services in Marin on behalf of MTA's members and the community. In alignment with their mission, the MTA has four Strategic Directions: 1. Continue to Perform Cable Franchise Administration, including, but not limited to, Provider Revenue Audits and Customer Service Assistance, and Other Administrative Functions. 2. Support and Oversee Public, Educational and Governmental (PEG) Access. Provide Policy Guidance and Advocacy Related to Coordination, Telecommunications on Behalf of MTA's Members and the Community. 4. Support Broadband Infrastructure Expansion, Services, Affordability and Accessibility The MTA Board of Directors is aware of the changing environment of the administration of telecommunications services at the local level, and has involved each of its member agencies, including the City of San Rafael, in discussions surrounding appropriate and responsible actions to accommodate those changes. If the MTA Board of Directors decides to reconsider its activities, it will conduct a detailed evaluation of its options, and make decisions based on its findings. As a member agency of the Marin Telecommunications Agency, the City of San Rafael will continue to be part of that evaluation, and will take action accordingly.