Editor's Note: Former Chapter 10, Community Antenna
Television Code, previously codified herein and containing portions
of Ordinance Nos. 1616 and 1760 was amended and has been designated
as an uncodified ordinance by Ordinance No. 2143. Pursuant to Section
5 of Ordinance No. 2143, Former Chapter 10 will continue in full force
and effect as an uncodified ordinance and is subject to repeal by
the City Council under conditions stipulated in Ordinance 2143, Section
5. Former Chapter is on file in the office of the City Clerk.
[Ord. #2143, § 3]
This Chapter is known and may be cited as the "Cable, Video,
and Telecommunications Service Providers Ordinance" of the City of
Compton.
[Ord. #2143, § 3]
a.
The City Council finds and determines as follows:
1.
The development of cable, video, and telecommunications services
and systems may provide significant benefits for, and have substantial
impacts upon, the residents of the City.
2.
Because of the complex and rapidly changing technology associated
with cable, video, and telecommunications services and systems, the
public convenience, safety, and general welfare is best served by
the City's exercise of its regulatory powers.
3.
This Chapter adopts provisions that authorize the City to regulate
cable, video, and telecommunications service providers to the extent
authorized by Federal and State law, including but not limited to
the Federal Cable Communications Policy Act of 1984, the Federal Cable
Television Consumer Protection and Competition Act of 1992, the Federal
Telecommunications Act of 1996, applicable regulations of the Federal
Communications Commission, and applicable California statutes and
regulations.
4.
The cable, video, and telecommunications services that are addressed
in this Chapter include services provided by cable television systems,
open video systems, master antenna television systems, satellite master
antenna television systems, direct broadcast satellite systems, multichannel
multipoint distribution systems, local multipoint distribution systems,
and other providers of video programming, whatever their technology,
as well as voice and data services provided by telephone corporations.
b.
The purpose and intent of this Chapter is to provide for the attainment
of the following objectives:
1.
To enable the City to discharge its public trust in a manner consistent
with rapidly evolving Federal and State regulatory policies, industry
competition, and technological development.
2.
To authorize and to manage reasonable access to the City's public
rights-of-way and public property for cable, video, and telecommunications
purposes on a competitively neutral and nondiscriminatory basis in
conjunction with all applicable requirements of this Code.
3.
To obtain fair and reasonable compensation for the City and its residents
for authorizing the private use of the public rights-of-way and public
property.
4.
To promote competition in cable, video, and telecommunications services,
minimize unnecessary local regulation of cable, video, and telecommunications
service providers, and encourage the delivery of advanced and competitive
cable, video, and telecommunications services on the broadest possible
basis to local government and to the businesses, institutions, and
residents of the City.
5.
To establish clear local guidelines, standards, and time frames for
the exercise of local authority with respect to the regulation of
cable, video, and telecommunications service providers.
6.
To encourage the deployment of advanced cable, video, and telecommunications
infrastructure that satisfies local needs, delivers enhanced government
services, and provides informed consumer choices in an evolving cable,
video, and telecommunications marketplace.
7.
To maintain and to enhance public, educational, and governmental
programming opportunities that will enable local government to communicate
with its residents and to provide its residents with alternate means
of disseminating information.
[Ord. #2143, § 3]
Various terms and phrases used in this Chapter are defined below in Section 10-5.
[Ord. #2143, § 3]
a.
In accordance with applicable Federal and State law, the City is
authorized to grant one or more nonexclusive franchises to construct,
reconstruct, operate, and maintain cable television systems within
the City limits.
b.
The City Council finds that the development of cable television services may provide significant benefits for, and substantial impacts upon, the residents of the City. Because of the complex and rapidly changing technology associated with cable television, the City Council further finds that the public convenience, safety, and general welfare can best be served by establishing regulatory powers to be exercised by the City. Section 10-2 is intended to specify the means for providing to the public the best possible cable television services, and every franchise issued in accordance with Section 10-2 is intended to achieve this primary objective. It is the further intent of Section 10-2 to adopt regulatory provisions that will enable the City to regulate cable television services to the maximum extent authorized by Federal and State law.
[Ord. #2143, § 3]
a.
Franchise Purposes. A franchise granted by the City under the provisions of Section 10-2 may authorize the Grantee to do the following:
1.
To engage in the business of providing cable television services
that are authorized by law and that Grantee elects to provide to its
subscribers within the designated franchise service area.
2.
To erect, install, construct, repair, rebuild, reconstruct, replace,
maintain, and retain, cable lines, related electronic equipment, supporting
structures, appurtenances, and other property in connection with the
operation of the cable system in, on, over, under, upon, along and
across streets and public rights-of-way within the designated franchise
service area.
3.
To maintain and operate the franchise properties for the origination,
reception, transmission, amplification, and distribution of television
and radio signals, and for the delivery of cable services and such
other services as may be authorized by law.
b.
Franchise Required.
1.
It is unlawful for any person to construct, install, or operate a cable television system within any street or public rights-of-way in the City without first obtaining a franchise under the provisions of Section 10-2.
2.
The City Council finds and determines that certain multichannel video programming distributors and video providers, as those terms are defined in Section 10-5, provide cable service, including video programming, to subscribers within limited geographic areas where multi-family dwelling complexes and congregate-living complexes are located. That cable service, including video programming, is sometimes provided, in whole or in part, by the transmission of signals over wires or lines that are owned or controlled by telecommunications service providers or other public utilities and that are within or cross streets or public ways within the boundaries of a local franchising authority. The multichannel video programming distributor or video provider may obtain from the telecommunications service provider or other public utility, by lease, license, or similar contractual arrangement, the right to use those wires or lines in order to provide cable service, including video programming, to subscribers or customers within the multi-family dwelling complexes and congregate-living complexes referenced above. The City Council further finds and determines that these contractual arrangements for signal transmission facilitate the provision of cable service, including video programming, and create a nexus between that cable service and the use of the streets and public rights-of-way of the City. Consequently, to the maximum extent authorized under California law, it is the intent of the City Council to subject multichannel video programming distributors and video providers that intend to use this signal-transmission methodology to the franchise requirements set forth in Section 10-2, subject to such waivers and modifications of those requirements as may, in the discretion of the City Council or its designee, be warranted in view of the limited geographic area that is proposed to be served.
c.
d.
Franchise Service Area. A franchise is effective within the territorial
limits of the City, and within any area added to the City during the
term of the franchise, unless otherwise specified in the ordinance
granting the franchise or in the franchise agreement.
e.
Federal or State Jurisdiction. Section 10-2 will be construed in a manner consistent with all applicable Federal and State laws, and it applies to all franchises granted or renewed after the effective date of this Chapter, to the extent authorized by applicable law.
f.
Franchise Non Transferable.
1.
Grantee may not sell, transfer, lease, assign, sublet, or dispose
of, in whole or in part, either by forced or involuntary sale, or
by ordinary sale, contract, consolidation, or otherwise, the franchise
or any of the rights or privileges therein granted, without the prior
written consent of the City Council and then only upon such terms
and conditions as may be prescribed by the City Council, which consent
may not be unreasonably denied or delayed. Any attempt to sell, transfer,
lease, assign, or otherwise dispose of the franchise or any of the
rights or privileges therein granted, without the written consent
of the City Council is null and void. The granting of a security interest
in any assets of the Grantee, or any mortgage or other hypothecation,
will not be deemed a transfer for the purposes of this subsection.
2.
The requirements of subsection (1) apply to any change in control of Grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If Grantee is a partnership or a corporation, prior written authorization of the City Council is required where ownership or control of 25% or more of the partnership interests or of the voting stock of Grantee, or any company in the tier of companies controlling the Grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, individually or collectively, owns or controls those partnership interests or that voting stock of the Grantee, or of Grantee's upper tier of controlling companies, as of the effective date of the franchise.
3.
Grantee must give prior written notice to the City of any proposed
foreclosure or judicial sale of all or a substantial part of the Grantee's
franchise property. That notification will be considered by the City
as notice that a change in control of ownership of the franchise will
take place, and the provisions of this paragraph that require the
prior written consent of the City Council to that change in control
of ownership will apply.
4.
For the purpose of determining whether it will consent to an acquisition,
transfer, or change in control, the City may inquire as to the qualifications
of the prospective transferee or controlling party, and Grantee must
assist the City in that inquiry. In seeking the City's consent
to any change of ownership or control, Grantee or the proposed transferee,
or both, must complete Federal Communications Commission Form 394
or its equivalent. This application must be submitted to the City
not less than 120 days prior to the proposed date of transfer. The
transferee must establish that it possesses the legal, financial,
and technical qualifications to remedy all then existing defaults
and deficiencies, and, during the remaining term of the franchise,
to operate and maintain the cable system and to comply with all franchise
requirements. If the legal, financial, and technical qualifications
of the proposed transferee are determined to be satisfactory, then
the City will consent to the transfer of the franchise.
5.
Any financial institution holding a pledge of the Grantee's
assets to secure the advance of money for the construction or operation
of the franchise property has the right to notify the City that it,
or a designee satisfactory to the City, will take control, of and
operate the cable television system upon Grantee's default in
its financial obligations. Further, that financial situation must
also submit a plan for such operation within 90 days after assuming
control. The plan must ensure continued service and compliance with
all franchise requirements during the period that the financial institution
will exercise control over the system. The financial institution may
not exercise control over the system for a period exceeding one year
unless authorized by the City, in its sole discretion, and during
that period of time it will have the right to petition the City to
transfer the franchise to another Grantee.
6.
Unless prohibited by applicable law, Grantee must reimburse the City
for the City's reasonable review and processing expenses incurred
in connection with any transfer or change in control of the franchise.
These expenses include, without limitation, costs of administrative
review, financial, legal, and technical evaluation of the proposed
transferee, consultants (including technical and legal experts and
all costs incurred by these experts), notice and publication costs,
and document preparation expenses. No reimbursement may be offset
against any franchise fee payable to the City during the term of the
franchise.
g.
Geographical Coverage.
1.
Unless otherwise provided in the franchise agreement, Grantee must
design, construct, and maintain the cable television system to have
the capability to pass every dwelling unit and commercial building
in the City, subject to any service-area line extension requirements
set forth in the franchise agreement.
2.
After service has been established by activating trunk or distribution
cables for any service area, Grantee must provide service to any subscriber
requesting a standard installation within that activated part of the
service area within seven days from the date of request, provided
that the Grantee is able to secure on reasonable terms and conditions
all rights-of-way and permits necessary to extend service to that
subscriber within that seven-day period. Standard installations are
defined as installations that are located up to 125 feet from the
existing distribution system.
h.
Nonexclusive Franchise. Every franchise granted is nonexclusive.
The City specifically reserves the right to grant, at any time, such
additional franchises for a cable television system that it deems
appropriate, subject to applicable State and Federal law. If an additional
franchise is proposed to be granted to a subsequent Grantee, a noticed
public hearing must first be held if required under the provisions
of Government Code § 53066.3.
i.
Multiple Franchises. The City may grant any number of franchises,
subject to applicable State and Federal law. The City may limit the
number of franchises granted, based upon, but not necessarily limited
to, the requirements of applicable law and the following specific
local considerations:
1.
The capacity of the public rights-of-way to accommodate multiple
cables in addition to the cables, conduits, and pipes of the existing
utility systems, such as electrical power, telephone, gas, and sewerage.
2.
The benefits that may accrue to subscribers as a result of cable
system competition, such as lower rates and improved service.
3.
The disadvantages that may result from cable system competition,
such as the requirement for multiple pedestals on residents'
property, and the disruption arising from numerous excavations within
the public rights-of-way.
[Ord. #2143, § 3]
a.
Filing of Applications. Any person desiring an initial franchise
for a cable television system must file an application with the City.
An application fee deposit in an amount established by resolution
of the City Council must accompany the application. That application
fee deposit will cover all anticipated costs associated with reviewing
and processing the application, including without limitation costs
of administrative review, financial, legal, and technical evaluation
of the applicant, consultants (including technical and legal experts
and all costs incurred by those experts), notice and publication requirements,
and document preparation expenses. If actual costs exceed the application
fee deposit, the applicant must pay the difference to the City within
30 days following receipt of an itemized statement of those costs.
If actual costs are less than the application fee deposit, the remaining
balance will be refunded to the applicant.
b.
Applications — Contents. An application for an initial franchise
for a cable television system must contain, as applicable:
1.
A statement describing the proposed franchise service area and an
explanation whether this proposed service area is, or will be, a part
of a larger regional cluster of franchise service areas.
2.
A resume of the applicant's prior history, including the experience
and expertise of the applicant in the cable television industry.
3.
A list of the partners, general and limited, of the applicant, if
a partnership, or the percentage of stock owned or controlled by each
stockholder, if a closely-held corporation. If the applicant is a
publicly-owned partnership or corporation, each owner of 10% or more
of the partnership interests, or of the issued and outstanding capital
stock, must be identified. If the applicant is a limited liability
company, the following information must be provided: the address of
its principal executive office; the name and business or residence
address of each member and of each holder of an economic interest
in the limited liability company, together with the contribution and
the share in profits and losses of each member and holder of an economic
interest; the name and business or residence address of any manager
or managers and the chief executive officer, if any, appointed or
elected in accordance with the articles of organization or operating
agreement.
4.
A list of officers and directors of the applicant, together with
a description of the background and qualifications of each such person.
5.
A statement specifying the number of people employed by the applicant,
whether on a full-time or part-time basis.
6.
The names and addresses of any parent or subsidiary of the applicant,
or any other business entity owning or controlling applicant in whole
or in part, or that is owned or controlled in whole or in part by
the applicant.
7.
Financial statements prepared in accordance with generally accepted
accounting principles that demonstrate the applicant's financial
ability to:
(a)
Construct, operate, maintain and remove any new physical plant
that is proposed to be constructed in the City.
(b)
Comply with the City's public, educational, and governmental
access requirements.
(c)
Comply with the City's requirement that franchise fees
be paid on the applicant's gross revenues derived from the operation
of the cable system to provide cable services.
8.
An accurate map showing the location of any existing telecommunications
facilities in the City that the applicant intends to use, to purchase,
or to lease.
9.
A description of the cable services and any other services that will
be offered by the applicant using existing or proposed facilities.
10.
The proposed construction and service schedule, the proposed rate
structure for cable services, and the proposed commitment to provide
public, educational, and governmental access capacity, services, facilities,
and equipment.
11.
Any additional information that the City deems to be reasonably necessary
to evaluate the applicant's qualifications.
c.
Consideration of Initial Applications.
1.
Upon receipt of an application for an initial franchise, the City
Manager or the City Manager's designee must prepare a report
and make recommendations to the City Council concerning that application.
2.
A public hearing will be noticed prior to any initial franchise grant,
at a time and date approved by the City Council. Within 30 days after
the close of the hearing, the City Council will make a decision based
upon documents and testimony received at the hearing as to whether
the franchise should be granted, and, if granted, subject to what
conditions. The City Council may grant one or more franchises, or
may decline to grant any franchise.
d.
Franchise Renewal. Franchise renewals will be processed in accordance
with then-applicable law and with the renewal terms, if any, of the
franchise agreement. The City and Grantee, by mutual consent, may
enter into renewal negotiations at any time during the term of the
franchise. Unless prohibited by applicable law, a renewal application
fee deposit in an amount established by resolution of the City Council
must accompany the renewal application or the renewal request. That
renewal application fee deposit will cover all anticipated costs associated
with reviewing and processing the renewal application, including the
review of Grantee's prior compliance with the franchise, the
ascertainment of the community's cable related needs and interests,
the engagement of technical and legal consultants, and expenses related
to negotiations and document preparation. If actual costs exceed the
renewal application fee deposit, the Grantee must pay the difference
to the City within 30 days following receipt of an itemized statement
of those costs. If actual costs are less than the renewal application
fee deposit, the remaining balance will be refunded to the Grantee.
No renewal application fee may be offset against any franchise fee
payable to the City during the term of the franchise. The City Council
must authorize the renewal of a cable television franchise agreement
by ordinance.
[Ord. #2143, § 3]
a.
The terms and provisions of a franchise agreement for the operation
of a cable television system may relate to or include, without limitation,
the following subject matters:
1.
The geographical area, duration, and nonexclusive nature of the franchise.
2.
The applicable franchise fee to be paid to the City, including the
amount, the method of computation, and the time for payment.
3.
Requirements relating to compliance with and implementation of State
and Federal laws and regulations pertaining to the operation of the
cable television system.
4.
Requirements relating to the construction, upgrade, or rebuild of
the cable television system, as well as the provision of special services,
such as outlets for public buildings, emergency alert capability,
and parental control devices.
5.
Requirements relating to the maintenance of a performance bond, a
security find, a letter of credit, or similar assurances to secure
the performance of the Grantee's obligations under the franchise
agreement.
6.
Requirements relating to comprehensive liability insurance, workers'
compensation insurance and indemnification.
7.
Requirements relating to consumer protection and customer service standards, which requirements may include, without limitation, compliance with the statutes, rules, and regulations set forth below in subsection 10-2.5.
8.
Requirements relating to the Grantee's support of local cable
usage, including the provision of public, educational, and governmental
access channels, the coverage of public meetings and special events,
and financial support for public, educational, and governmental access
channels.
9.
Requirements relating to the Grantee's obligation to provide
an institutional network, and channel capacity on that institutional
network for educational or governmental use, subject to the City's
rules and procedures for the use of such channel capacity and for
compatibility with any telecommunications network that has been or
may be developed by the City.
10.
Requirements relating to construction, operation, and maintenance
of the cable television system within the City's streets and
public rights-of-way, including compliance with all applicable provisions
of this Code, all applicable building codes and permit requirements
of the City, the abandonment, removal, or relocation of facilities,
and compliance with FCC technical standards.
11.
Requirements relating to record-keeping, accounting procedures, reporting,
periodic audits, and performance reviews, and the inspection of Grantee's
books and records.
12.
Acts or omissions constituting material breaches of or defaults under
the franchise agreement, and the applicable penalties or remedies
for those breaches or defaults, including fines, penalties, liquidated
damages, suspension, revocation, and termination.
13.
Requirements relating to the sale, assignment, or other transfer
or change in control of the franchise.
14.
The Grantee's obligation to maintain continuity of service and
to authorize, under certain specified circumstances, the City's
operation and management of the cable system.
15.
Such additional requirements, conditions, policies, and procedures
as may be mutually agreed upon by the parties to the franchise agreement
and that will, in the judgment of City staff and the City Council,
best serve the public interest and protect the public health, welfare,
and safety.
b.
If there is any conflict or inconsistency between the provisions
of a franchise agreement authorized by the City Council and the provisions
of this Chapter, the provisions of the franchise agreement will control.
[Ord. #2143, § 3]
a.
Operational Standards.
1.
Grantee must maintain the necessary facilities, equipment, and personnel
to comply with the following consumer protection and service standards
under normal operating conditions:
(a)
Sufficient toll free telephone line capacity during normal business
hours to ensure that telephone calls are answered before the fourth
ring. Telephone answer time by a customer service representative,
including wait time, may not exceed 30 seconds when the connection
is made. If the call needs to be transferred, transfer time shall
not exceed 30 seconds.
(b)
A caller must receive a busy signal less than 3% of the time.
(c)
Emergency toll-free telephone line capacity on a twenty-four-hour
basis, including weekends and holidays. After normal business hours,
the telephone calls may be answered by a service or an automated response
system, including an answering machine. Calls received after normal
business hours must be responded to by a trained company representative
on the next business day.
(d)
A conveniently-located local business and service or payment
office open during normal business hours at least eight hours daily
on weekdays, and at least four hours weekly on evenings or weekends,
and adequately staffed with trained customer service representatives
to accept subscriber payments and to respond to service requests,
inquiries, and complaints.
(e)
An emergency system maintenance and repair staff, capable of
responding to and repairing major system malfunctions on a twenty-four-hour
per day basis.
(f)
A trained installation staff must provide service to any subscriber
requiring a standard installation within seven days after receipt
of a request, in all areas where trunk and feeder cable have been
activated.
(g)
The Grantee must schedule, within a specified four-hour time
period Monday through Saturday (legal holidays excluded), all appointments
with subscribers for installation of service, service calls, and other
activities at the subscriber's location. The Grantee may schedule
installation and service calls outside of normal business hours for
the convenience of the subscriber. The Grantee may not cancel an appointment
with a subscriber after the close of business on the business day
prior to the scheduled appointment. If a Grantee representative is
delayed in keeping an appointment with a subscriber and will not be
able to honor the scheduled appointment, the subscriber must be contacted
prior to the time of the scheduled appointment, and the appointment
must be rescheduled, as necessary, at a time that is convenient for
the subscriber. The Grantee must undertake appropriate quality control
measures to ensure that the customer is satisfied with the work.
(h)
Subscribers who have experienced one missed appointment due
to the fault of the Grantee will receive an installation free of charge
if the appointment was for an installation. If an installation was
to have been provided free of charge, and for all other appointments,
the subscriber will receive one month of the subscribed to service
tier, free of charge. Subscribers also will be entitled to receive
a free installation, or one month free service, as provided above,
if the Grantee fails to complete a standard installation within seven
days of receiving an installation request due to its fault, its failure
to schedule an appointment within a specified four-hour time period,
or its failure to notify the subscriber that the Grantee's representative
will be late for an appointment. Subscribers who have experienced
two missed appointments due to the fault of the Grantee will receive
two months of the subscribed to service tier, free of charge, in addition
to the free installation or free month of service provided for the
first missed appointment.
(i)
Upon a subscriber's request, the Grantee will arrange for
pickup or replacement of converters or other equipment provided by
the Grantee at the subscriber's address within 14 days after
the request is made if the subscriber is mobility-limited.
2.
Under normal operating conditions, the standards of paragraphs (a),
(c), (f) and (g) above must be met not less than 90% of the time,
measured on a quarterly basis.
b.
Service Standards.
1.
The Grantee will render efficient service, make repairs promptly,
and interrupt service only for good cause and for the shortest time
possible. Except in emergency situations, scheduled interruptions
will occur during a period of minimum use of the cable system, preferably
between midnight and 6:00 a.m. Unless the scheduled interruption lasts
for no more than two hours and occurs between midnight and 6:00 a.m.
(in which event 24-hours prior notice must be given to the City),
48-hours prior notice must be given to subscribers.
2.
The Grantee will maintain a repair force of technicians who will
respond to subscriber requests for service within the following time
frames:
(a)
For a system outage: Within two hours, including weekends, after
receiving subscriber calls or requests for service that by number
identify a system outage of sound or picture on one or more channels,
affecting five or more subscribers to the system.
(b)
For an isolated outage: Within 24 hours, including weekends,
after receiving requests for service identifying an isolated outage
of sound or picture on one or more channels.
(c)
For inferior signal quality: No later than the following business
day, excluding Sundays and holidays, after a request for service identifying
a problem concerning picture or sound quality.
3.
The Grantee will be deemed to have responded to a request for service
under the provisions of this paragraph b when a technician arrives
at the service location and begins work on the problem. If a subscriber
is not home when the technician arrives, the technician must leave
written notification of arrival.
4.
The Grantee may not charge for the repair or replacement of defective
or malfunctioning equipment provided by the Grantee to subscribers,
unless the defect or malfunction was caused by the subscriber.
5.
The Grantee must determine the nature of the problem within 24 hours
after commencing work and resolve all cable system related problems
within three business days, unless technically infeasible.
c.
Billing and Information Standards.
1.
Subscriber bills must be clear, concise, and understandable. Bills
must be fully itemized, with itemizations including, but not limited
to, basic and premium service charges and equipment charges. Bills
also must clearly delineate all activity during the billing period,
including optional charges, rebates, and credits.
2.
The first billing to a subscriber after a new installation or service
change must be prorated based upon when the new or changed service
commenced. Subscribers must not be charged a late fee or otherwise
penalized for any failure attributable to the Grantee, including the
failure to timely or correctly bill the subscriber.
3.
In case of a billing dispute, the Grantee must respond in writing
to a written complaint from a subscriber within 30 days after receiving
the complaint at the office specified on the billing statement for
receiving that complaint.
4.
Upon request by a subscriber, credits or refunds must be provided
by Grantee to subscribers who experience an outage, interruption,
or disconnection of service of four or more consecutive hours, provided
that such loss of service is neither caused by the subscriber nor
attributable to scheduled repairs, maintenance, or construction in
circumstances where Grantee has provided advance written notice to
subscriber, and the loss of service does not exceed the time period
specified by Grantee. For subscribers terminating service, credits
or refunds must be issued promptly, but no later than 30 days after
the return of any Grantee supplied equipment.
5.
Subject to prior review by the City, the Grantee must provide written
information on each of the following matters at the time of the installation
of service, at least annually to all subscribers, and at any time
upon request:
(a)
Products and services offered.
(b)
Prices and options for programming services and conditions of
subscription to programming and other services.
(c)
Installation and service maintenance policies.
(d)
Instructions on the use of the cable service.
(e)
Channel positions of programming carried on the system.
(f)
Billing and complaint procedures, including the address and
telephone number of the City's office designated for dealing
with cable related issues.
(g)
Consumer protection and service standards and penalties for
noncompliance.
6.
Subscribers must be notified in writing of any changes in rates,
programming services, or channel positions as soon as possible. Notice
must be given to subscribers a minimum of 30 days in advance of those
changes if the change is within the control of the Grantee. In addition,
the Grantee must notify subscribers in writing 30 days in advance
of any significant changes in the information required above in paragraph
5.
7.
The Grantee must maintain a public file containing all written notices
provided to subscribers under these consumer protection and service
standards and all published promotional offers made by Grantee to
subscribers. These documents must be maintained for a minimum period
of two years.
d.
Verification of Compliance with Standards.
1.
Upon 30 days' prior written notice, the City may require the
Grantee to provide a written report demonstrating its compliance with
any of the consumer service standards specified in this subsection.
The Grantee must provide sufficient documentation to enable the City
to verify compliance.
2.
A repeated and verifiable pattern of noncompliance with the consumer
protection and service standards of this subsection, after the Grantee's
receipt of written notice and an opportunity to cure, may be deemed
a material breach of the franchise agreement.
e.
Subscriber Complaints and Disputes.
1.
The Grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the City. The written procedures must prescribe the manner in which a subscriber may submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. The Grantee must file a copy of these procedures with the City. These procedures must include a requirement consistent with subsection 10-2.5c3 above.
2.
Upon request, and subject to applicable law protecting subscriber
privacy rights, the City has the right to review the Grantee's
response to subscriber complaints.
3.
All subscribers have the right to continue receiving service so long
as their financial and other obligations to the Grantee are honored.
If the Grantee elects to rebuild, modify, or sell the system, or if
the City gives notice of intent to terminate or not to renew the franchise,
the Grantee must ensure that all subscribers receive service while
the franchise remains in force.
4.
Upon a change of control of the Grantee, or if a new operator acquires
the cable system; the original Grantee must cooperate with the City,
the new Grantee, or the new operator in maintaining continuity of
service to all subscribers. During that transition period, the Grantee
is entitled to the revenues derived from its operation of the cable
system.
f.
Disconnection/Downgrades.
1.
A subscriber may terminate or downgrade service at any time, and
the Grantee must promptly comply with the subscriber's request
within five days or at any later time requested by the subscriber.
No period of notice prior to voluntary termination or downgrade of
service may be required of subscribers. Grantee will impose no charges
for the voluntary termination of service unless a visit to the subscriber's
premises is required to remove a converter box or other equipment
or property owned by Grantee.
2.
The Grantee may disconnect a subscriber's service in compliance
with paragraphs (i), (j), and (k) of Section 53088.2 of the California
Government Code. If service is disconnected for nonpayment of past
due fees or charges, the Grantee must promptly reinstate service upon
payment in full by the subscriber of all such fees and charges, including
late charges.
3.
Notwithstanding the requirements of paragraph 2 above, the Grantee
may immediately disconnect service to a subscriber if the subscriber
is damaging or destroying the Grantee's cable system or equipment.
In the event of disconnection on such grounds, the Grantee will resume
service to the subscriber upon receiving adequate assurances that
the subscriber has ceased the practices or conduct that resulted in
disconnection and has paid all proper fees and charges, including
any amounts reasonably owed the Grantee for the damage caused by the
subscriber.
4.
The Grantee may also disconnect service to a subscriber when service
causes signal leakage exceeding Federal limits. If service is disconnected,
the Grantee will immediately resume service without charge upon the
satisfactory correction of the signal leakage problem.
5.
Upon termination of service to a subscriber, the Grantee will remove
its equipment from the subscriber's premises within 30 days.
The equipment will be deemed abandoned if it is not removed within
such time period unless the Grantee has been denied access to the
subscriber's premises.
g.
Changes in Service. Except as otherwise provided by Federal or State
law, subscribers must not be required to pay any additional fee or
charge, other than the regular service fee, in order to receive the
services selected. No charge may be imposed for any service or equipment
that the subscriber has not affirmatively selected. Payment of the
regular monthly bill will not by itself constitute an affirmative
selection.
h.
Deposits. Grantee may require a reasonable, nondiscriminatory deposit
on equipment provided to subscribers. Such deposits must be placed
in an interest-bearing account. The deposit must be returned, with
interest earned to the date of repayment, within 30 days after the
equipment is returned to the Grantee.
i.
Parental Control Option. Grantee must provide parental control devices
to all subscribers who desire to block the video or audio portion
of any programming that the subscriber finds objectionable. Such devices
will be provided at no charge to the subscriber, unless otherwise
required by Federal or State law, or unless a converter box is required
to be installed for the purpose of providing the parental control
device.
j.
Additional Requirements.
1.
All officers, agents, and employees of the Grantee, or of its contractors
or subcontractors, who, in the normal course of work come into contact
with members of the public, or who require entry onto subscribers'
premises, must carry a photo identification card in a form approved
by the City. The Grantee must account for all identification cards
at all times. All vehicles of the Grantee or its subcontractors must
be clearly identified as vehicles engaged in providing services for
the Grantee.
2.
In addition to the consumer protection and service standards specified in this subsection 10-2.5, the Grantee must comply with all applicable consumer protection and service standards that are imposed upon cable operators by the following:
(a)
Federal statutes, and the rules, regulations, and orders of
the Federal Communications Commission, including the following:
(1)
The provisions of Section 76.630 of Title 47 of the Code of
Federal Regulations, as it now exists or may later be amended, which
relate to compatibility with consumer electronics equipment.
(2)
The provisions of Section 551 of Title 47, United States Code,
as it now exists or may later be amended, which relate to the protection
of subscriber privacy.
(b)
The provisions of California Government Code Sections 53054,
et seq., titled the "Cable Television and Video Provider Customer
Service and Information Act."
(c)
The provisions of California Government Code Section 53088,
et seq., titled the "Video Customer Service Act."
(d)
The provisions of California Civil Code Section 1722(b)(1)-(6),
which relate to service or repair transactions between cable television
companies and their subscribers.
(e)
The provisions of California Penal Code Section 637.5, which
relate to subscribers' rights to privacy protection.
3.
If there is any conflict or inconsistency between a consumer protection and service standard specified in this subsection 10-2.5 and a standard set forth in the statutes, rules, regulations, and orders that are referenced above in paragraph 2, then the standard that is specified in this subsection 10-2.5 will apply to the extent authorized by applicable law.
k.
Penalties for Noncompliance.
1.
Purpose. The purpose of this paragraph is to authorize monetary penalties
for the violation of the customer service standards established by
this subsection. The liquidated damages or other monetary sanctions
applicable to Grantee's material violation of any customer service
standards set forth in this subsection will be specified in the franchise
agreement between the City and Grantee. The imposition of penalties
authorized by this paragraph k will not prevent the City or any other
affected party from exercising any other remedy to the extent permitted
by law, including but not limited to any judicial remedy as provided
below in paragraph k2(c).
2.
Administration and Appeals.
(a)
Assessment of Monetary Penalties. The City Manager or the City
Manager's designee is authorized to administer this paragraph
k. Decisions by the City Manager to assess monetary penalties against
the Grantee must be in writing and must contain findings supporting
the decisions. Decisions by the City Manager are final, unless appealed
to the City Council.
(b)
Appeals to City Council. If the Grantee or any interested person
is aggrieved by a decision of the City Manager, the aggrieved party
may, within 10 days of the written decision, appeal that decision
in writing to the City Council. The City Council may affirm, modify,
or reverse the decision of the City Manager.
(c)
Judicial Remedy. This paragraph does not preclude any affected
party from pursuing any judicial remedy available to that party without
regard to this paragraph k.
(d)
Notification of Violation. The City must give Grantee written
notice of any alleged violation of the consumer service standards
and allow Grantee at least 30 days from receipt of the notice to remedy
the specified violation. For the purpose of assessing penalties, a
material breach is deemed to have occurred for each day, following
the expiration of the period for cure specified herein, that any breach
has not been remedied by Grantee, regardless of the number of subscribers
affected.
[Ord. #2143, § 3]
[Ord. #2143, § 3]
a.
Before commencing the delivery of video programming services to consumers
in the City over an open video system, the open video system operator
must file an application with the City. That application must include
or be accompanied by the following, as applicable:
1.
The identity of the applicant, including all affiliates of the applicant.
2.
Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR
76.1503(b)(1), and the Order of the FCC, all of which relate to certification
of the applicant to operate an open video system in the City in accordance
with Section 653(a)(1) of the Communications Act and the FCC's
rules.
3.
The area or areas of the City that the applicant proposes to serve.
4.
A description of the open video system services that will be offered
by the applicant over its existing or proposed facilities.
5.
A description of the transmission medium that will be used by the
applicant to deliver the open video system services.
6.
Information in sufficient detail to establish the applicant's
technical qualifications, experience, and expertise regarding the
ownership and operation of the open video system described in the
application.
7.
Financial statements prepared in accordance with generally accepted
accounting principles that demonstrate the applicant's financial
ability to:
8.
An accurate map showing the location of any existing telecommunications
facilities in the City that the applicant intends to use, to purchase,
or to lease.
9.
If the applicant's operation of the open video system will require
the construction of new physical plant in the City, the following
additional information must be provided:
(a)
A preliminary construction schedule and completion dates.
(b)
Preliminary engineering plans, specifications, and a network
map of any new facilities to be constructed in the City, in sufficient
detail to identify:
(1)
The location and route requested for the applicant's proposed
facilities.
(2)
The locations, if any, for interconnection with the facilities
of other video or telecommunications service providers.
(3)
The specific structures, improvements, facilities, and obstructions,
if any that the applicant proposes to remove or relocate on a temporary
or permanent basis.
(c)
The applicant's statement that, in constructing any new
physical plant, the applicant will comply with all applicable ordinances,
rules, and regulations of the City, including the payment of all required
permit and processing fees.
10.
The information and documentation that is required to be submitted to the City by a video provider, as specified below in subsection 10-4.2b.
11.
Such additional information as may be requested by the City to evaluate
the applicant's qualifications.
12.
An application fee deposit in an amount established by resolution
of the City Council.
[Ord. #2143, § 3]
Within 30 days after receipt of an application filed under subsection 10-3.2 that is deemed to be complete, the City Manager will give written notice to the applicant of the City's intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the City. The commencement of those negotiations will be on a date that is mutually acceptable to the City and to the applicant.
[Ord. #2143, § 3]
a.
No video programming services may be provided in the City by an open
video system operator unless the operator and the City have executed
a written agreement, which may be designated as a franchise, setting
forth the terms and conditions under which the operation of the proposed
open video system will be authorized by the City. That agreement must
be authorized and approved by ordinance of the City Council.
b.
The agreement between the City and the open video system operator
may contain terms and conditions that relate to the following subject
matters, to the extent that such terms, conditions, and subject matters
are not preempted by Federal law or regulations:
1.
The nature, scope, and duration of the agreement, including provisions
for its renewal or extension.
2.
The obligation of the open video system operator to pay to the City,
at specified times and in lieu of the franchise fees permitted under
Section 622 of the Communications Act, fees on the gross revenue received
by the operator, as authorized by 47 CFR 76.1511, in accordance with
the following standards and procedures:
(a)
The amount of the fees on the gross revenue will be the maximum
amount authorized by Section 6531(2)(B) of the Communications Act,
which is the rate imposed by the City on the existing franchised cable
operator.
(b)
The term "gross revenue" means (i) all gross revenue received
by an open video system operator or its affiliates, including all
revenue received from subscribers and all carriage revenue received
from unaffiliated video programming providers; and (ii) all advertising
revenue received by the operator or its affiliates in connection with
the provision of video programming, where such revenue is included
in the calculation of the cable franchise fee paid to the City by
the incumbent franchised cable operator. The term "gross revenue"
does not include revenue, such as subscriber or advertising revenue,
collected by unaffiliated video programming providers.
3.
The obligation of the open video system operator to comply with requirements relating to information collection and record-keeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on the gross revenue that are required to be paid as specified above in subsection 10-3.4b2.
4.
The obligation of the open video system operator to meet the City's
requirements with respect to public, educational, and governmental
access channel capacity, services, facilities, and equipment, as provided
for in 47 CFR 76.1505. In this regard, the following standards and
procedures apply:
(a)
The open video system operator is subject to the same public,
educational, and governmental access requirements that apply within
the cable television franchise service area with which its system
overlaps.
(b)
The open video system operator must ensure that all subscribers
receive all public, educational, and governmental access channels
within the franchise service area in which the City's subscribers
are located.
(c)
The open video system operator may negotiate with the City to
establish the operator's obligations with respect to public,
educational, and governmental access channel capacity, services, facilities,
and equipment. These negotiations may include the City's franchised
cable operator if the City, the open video system operator, and the
franchised cable operator so desire.
(d)
If the open video system operator and the City are unable to
reach an agreement regarding the operator's obligations with
respect to public, educational, and governmental access channel capacity,
services, facilities, and equipment within the City's jurisdiction,
then the following obligations will be imposed:
(1)
The open video system operator must satisfy the same public,
educational, and governmental access obligations as the City's
franchised cable operator by providing the same amount of channel
capacity for public, educational, and governmental access and by matching
the City's franchised cable operator's annual financial
contributions in support of public, educational, and governmental
access services, facilities, and equipment that are actually used
by the City. For in-kind contributions, such as cameras or production
studios, the open video system operator may satisfy its statutory
obligation by negotiating mutually agreeable terms with the City's
franchised cable operator, so that public, educational, and governmental
access services to the City are improved or increased. If such terms
cannot be agreed upon, the open video system operator must pay to
the City the monetary equivalent of the franchised cable operator's
depreciated in-kind contribution, or, in the case of facilities, the
annual amortization value. Any matching contributions provided by
the open video system operator must be used to fund activities arising
under Section 611 of the Communications Act.
(2)
The City will impose upon the open video system operator the
same rules and procedures that it imposes upon the franchised cable
operator with regard to the open video system operator's use
of channel capacity designated for public, educational, and governmental
access use when that capacity is not being used for such purposes.
(e)
The City's franchised cable operator is required under
Federal law to permit the open video system operator to connect with
its public, educational, and governmental access channel feeds. The
open video system operator and the franchised cable operator may decide
how to accomplish this connection, taking into consideration the physical
and technical characteristics of the cable and the open video systems
involved. If the franchised cable operator and the open video system
operator cannot agree on how to accomplish the connection, the City
has the right to decide. The City may require that the connection
occur on City-owned property or on public rights-of-way.
(f)
All costs of connection to the franchised cable operator's
public, educational, and governmental access channel feed must be
borne by the open video system operator. These costs will be counted
towards the open video system operator's matching financial contributions
set forth above in paragraph (d)(1).
(g)
The City will not impose upon the open video system operator
any public, educational, or governmental access obligations that are
greater than those imposed upon the franchised cable operator.
(h)
If there is no existing franchised cable operator, the provisions
of 47 CFR 76.1505(d)(6) will be applicable in determining the obligations
of the open video system operator.
(i)
The open video system operator must adjust its system to comply
with new public, educational, and access obligations imposed on the
City's franchised cable operator following a renewal of the cable
television franchise; provided, however, that the open video system
operator will not be required to displace other programmers using
its open video system to accommodate public, educational, and governmental
access channels. The open video system operator must comply with those
new public, educational, and governmental access obligations whenever
additional capacity is or becomes available, whether it is due to
increased channel capacity or to decreased demand for channel capacity.
5.
If the City and the open video system operator cannot agree on the application of the FCC's rules regarding the open video system operator's obligations to provide public, educational, and governmental access under the provisions of subsection 10-3.4b4 set forth above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR 76.1514. No agreement will be executed by the City until the dispute has been finally resolved.
6.
If the open video system operator intends to maintain an institutional
network, as defined in Section 611(f) of the Communications Act, the
City will require that educational and governmental access channels
be designated on that institutional network to the same extent that
those channels are designated on the institutional network of the
City's franchised cable operator. In addition, to the extent
authorized by Federal law, the open video system operator may be required
by the City to satisfy the same financial obligations and other requirements
that are imposed upon the franchised cable operator to support data
transmission and related services that are provided by the institutional
network.
7.
The authority of an open video system provider to exercise editorial
control over any public, educational, or governmental use of channel
capacity will be restricted in accordance with the provisions of 47
CFR 76.1505(f).
8.
The obligation of the open video system operator to comply with all applicable Federal, State, and local statutes, ordinances, and regulations relating to customer protection and service standards, including the Cable Television and Video Customer Service and Information Act (Government Code § 53054, et seq.), the Video Customer Service Act (Government Code § 53088, et seq.), and subsection 10-2.5 of this Chapter.
9.
If new physical plant is proposed to be constructed within the City,
the obligation of the open video system operator to comply with the
following rights-of-way use and management responsibilities that are
also imposed by the City upon other cable television and telecommunications
service providers in a nondiscriminatory and competitively neutral
manner:
(a)
Compliance with all applicable provisions of this Code, including
those pertaining to applications for excavation, encroachment, and
construction permits and the payment of all required permit and inspection
fees.
(b)
The coordination of construction activities.
(c)
Compliance with established standards and procedures for constructing
lines across private property.
(d)
Compliance with all applicable insurance and indemnification
requirements.
(e)
The repair and resurfacing of construction-damaged streets.
(f)
Compliance with all public safety requirements that are applicable
to cable television and telecommunications service providers using
public property or public rights-of-way.
10.
Acts or omissions constituting breaches or defaults of the agreement,
and the applicable penalties, liquidated damages, and other remedies,
including fines or the suspension, revocation, or termination of the
agreement.
11.
Requirements relating to the sale, assignment, or transfer of control
of the open video system.
12.
Requirements relating to the open video system operator's compliance
with and implementation of state and federal laws, rules, and regulations
pertaining to the operation of the open video system.
13.
Such additional requirements, conditions, terms, policies, and procedures
as may be mutually agreed upon by the City and the open video system
operator and that will, in the judgment of the City Council, best
serve the public interest and protect the public health, welfare,
and safety.
[Ord. #2143, § 3]
The term "cable system," as defined in Federal law and as set forth below in subsection 10-5.1a, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming distributors identified below are not deemed to be "cable systems" and are therefore exempt from the City's franchise, lease, and license requirements and from certain other local regulatory provisions authorized by Federal law, provided that their distribution or transmission facilities do not involve the use of the City's streets or public rights-of-way.
a.
Multichannel multipoint distribution service ("MMDS"), also known
as "wireless cable," which typically involves the transmission by
an FCC-licensed operator of numerous broadcast stations from a central
location using line-of-sight technology.
b.
Local multipoint distribution service ("LMDS"), another form of over-the
air wireless video service for which licenses are auctioned by the
FCC, and which offers video programming, telephony, and data networking
services.
c.
Direct broadcast satellite ("DBS"), also referred to as "direct-to-home
satellite services," which involves the distribution or broadcasting
of programming or services by satellite directly to the subscriber's
premises without the use of ground receiving or distribution equipment,
except at the subscriber's premises or in the uplink process
to the satellite. Local regulation of direct-to-home satellite services
is further proscribed by the following Federal statutory provisions:
1.
47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction
to regulate the provision of direct-to-home satellite services.
2.
Section 602 of the Telecommunications Act of 1996 states that a provider
of direct-to-home satellite service is exempt from the collection
or remittance, or both, of any tax or fee imposed by any local taxing
jurisdiction on direct-to-home satellite service. The terms "tax"
and "fee" are defined by Federal statute to mean any local sales tax,
local use tax, local intangible tax, local income tax, business license
tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise
fees, local telecommunications tax, or any other tax, license, or
fee that is imposed for the privilege of doing business, regulating,
or raising revenue for a local taxing jurisdiction.
[Ord. #2143, § 3]
a.
Unless the customer protection and service obligations of a video provider, as that term is defined in Section 10-5, are specified in a franchise, license, lease, or similar written agreement with the City, a video provider must comply with all applicable provisions of the following State statutes:
1.
The Cable Television and Video Customer Service and Information Act
(Government Code § 53054, et seq.).
2.
The Video Customer Service Act (Government Code § 53088,
et seq.).
b.
All video providers that are operating in the City on the effective
date of this Chapter, or that intend to operate in the City after
the effective date of this Chapter,[1] and are not required under applicable law to operate under
a franchise, license, lease, or similar written agreement with the
City, must register with the City. The registration form must include
or be accompanied by the following:
1.
The video provider's name, address, and local telephone numbers.
2.
The names of the officers of the video provider.
3.
A copy of the video provider's written policies and procedures
relating to customer service standards and the handling of customer
complaints, as required by Government Code § 53054, et seq.
These customer service standards must include, without limitation,
standards regarding the following:
(a)
Installation, disconnection, service and repair obligations,
employee identification and service call response time and scheduling.
(b)
Customer telephone and office hours.
(c)
Procedures for billing, charges, refunds, and credits.
(d)
Procedures for termination of service.
(e)
Notice of the deletion of a programming service, a change in
channel assignments, or an increase in rates.
(f)
Complaint procedures and procedures for bill dispute resolution.
(g)
The video provider's written acknowledgment of its obligation
under Government Code § 53055.1 to provide to new customers
a notice describing the customer service standards specified above
in paragraphs (a) through (f) at the time of installation or when
service is initiated. The notice must also include, in addition to
all of the information described above in paragraphs (a) through (f),
all of the following:
(1)
A listing of the services offered by the video provider that
clearly describes all levels of service and the rates for each level
of service.
(2)
The telephone number or numbers through which customers may
subscribe to, change, or terminate service, request customer service,
or seek general or billing information.
(3)
A description of the rights and remedies that the video provider
may make available to its customers if the video provider does not
materially meet its customer service standards.
(h)
The video provider's written commitment to distribute annually
to its employees and customers, and to the City, a notice describing
the customer service standards specified above in paragraphs (a) through
(f). This annual notice must include the report of the video provider
on its performance in meeting its customer service standards, as required
by Government Code § 53055.2. Subject to the written notice
and cure provisions of Government Code § 53056(b), a video
provider that fails to distribute the annual notice required by Government
Code § 53055.1 will be assessed a monetary penalty in the
sum of $500 for each year in which the annual notice is not distributed
to all of its customers.
4.
Unless a video provider is exempt under Federal law from its payment,
a registration fee in an amount established by resolution of the City
Council to cover the reasonable costs incurred by the City in reviewing
and processing the registration form.
5.
In addition to the registration fee specified above in subsection 10-4.2(b),(4), the written commitment of the video provider to pay to the City, when due, all costs and expenses reasonably incurred by the City in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code § 53088.2(o).
c.
The customer service obligations imposed upon video providers by
the Video Customer Service Act (Government Code § 53088
et seq.) consist of the following:
1.
Every video provider must render reasonably efficient service, make
repairs promptly, and interrupt service only as necessary.
2.
All video provider personnel contacting subscribers or potential
subscribers outside the office of the provider must be clearly identified
as associated with the video provider.
3.
At the time of installation, and annually thereafter, all video providers
must provide to all customers a written notice of the programming
offered, the prices for that programming, the provider's installation
and customer service policies, and the name, address, and telephone
number of the City's office that is designated for receiving
complaints.
4.
All video providers must have knowledgeable, qualified company representatives
available to respond to customer telephone inquiries Monday through
Friday, excluding holidays, during normal business hours.
5.
All video providers must provide to customers a toll-free or local
telephone number for installation, service, and complaint calls. These
calls must be answered promptly by the video providers.
6.
All video providers must render bills that are accurate and understandable.
7.
All video providers must respond promptly to a complete outage in
a customer's service. The response must occur within 24 hours
of the reporting of that outage to the provider, except in those situations
beyond the reasonable control of the video provider. A video provider
will be deemed to respond to a complete outage when a company representative
arrives at the outage location within 24 hours and begins to resolve
the problem.
8.
All video providers must provide a minimum of 30 days' written
notice before increasing rates or deleting channels. All video providers
must make every reasonable effort to submit the notice to the City
in advance of its distribution to customers. The thirty-day notice
is waived if the increases in rates or deletion of channels are outside
the control of the video provider. In those cases, the video provider
must make reasonable efforts to provide customers with as much notice
as possible.
9.
All video providers must allow every residential customer who pays
his or her bill directly to the video provider at least 15 days from
the date the bill for services is mailed to the customer, to pay the
listed charges unless otherwise agreed to pursuant to a residential
rental agreement establishing tenancy. Customer payments must be posted
promptly. No video provider may terminate residential service for
nonpayment of a delinquent account unless the video provider furnishes
notice of the delinquency and impending termination at least 15 days
prior to the proposed termination. The notice must be mailed, postage
prepaid, to the customer to whom the service is billed. Notice must
not be mailed until the 16th day after the date the bill for services
was mailed to the customer. The notice of delinquency and impending
termination may be part of a billing statement. No video provider
may assess a late fee any earlier than the 22nd day after the bill
for service has been mailed.
10.
Every notice of termination of service pursuant to subsection 10-4.2c9 must include all of the following information:
(a)
The name and address of the customer whose account is delinquent.
(b)
The amount of the delinquency.
(c)
The date by which payment is required in order to avoid termination
of service.
(d)
The telephone number of a representative of the video provider
who can provide additional information and handle complaints or initiate
an investigation concerning the service and charges in question. Service
may only be terminated on days in which the customer can reach a representative
of the video provider either in person or by telephone.
11.
Any service terminated without good cause must be restored without
charge for the service restoration. Good cause includes, but is not
limited to, failure to pay, payment by check for which there are insufficient
funds, theft of service, abuse of equipment or system personnel, or
other similar subscriber actions.
12.
All video providers must issue requested refund checks promptly,
but no later than 45 days following the resolution of any dispute,
and if service is terminated, following the return of the equipment
supplied by the video provider.
13.
All video providers must issue security or customer deposit refund
checks promptly, but no later than 45 days following the termination
of service, less any deductions permitted by law.
14.
Video providers must not disclose the name and address of a subscriber
for commercial gain to be used in mailing lists or for other commercial
purposes not reasonably related to the conduct of the businesses of
the video providers or their affiliates, unless the video providers
have provided to the subscriber a notice, separate or included in
any other customer notice, that clearly and conspicuously describes
the subscriber's ability to prohibit that disclosure. Video providers
must provide an address and telephone number for a local subscriber
to use without toll charge to prevent disclosure of the subscriber's
name and address.
d.
As authorized by Government Code § 53088(q), the following schedule of penalties are adopted. These penalties may be imposed for the material breach by a video provider of the consumer protection and service standards that are set forth above in subsection 10-4.2c, provided that the breach is within the reasonable control of the video provider. These penalties are in addition to any other remedies authorized by this Chapter or by any other law, and the City has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this paragraph d will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided below in subsection 10-4.2d2.
1.
Schedule of Penalties.
(a)
For a first material breach: the maximum penalty is $200 for
each day of material breach, but not to exceed a cumulative total
of $600 for each occurrence of material breach, irrespective of the
number of customers affected.
(b)
For a second material breach of the same nature for which a
monetary penalty was previously assessed within the preceding twelve-month
period: the maximum penalty is $400 per day, not to exceed a cumulative
total of $1,200 for each occurrence of the material breach, irrespective
of the number of customers affected.
(c)
For a third or further material breach of the same nature for
which a monetary penalty was previously assessed within the preceding
twelve-month period: the maximum penalty is $1,000 per day, not to
exceed a cumulative total of $3,000 for each occurrence of the material
breach, irrespective of the number of customers affected.
(d)
The maximum penalties referenced above may be increased by any
additional amount authorized by State law.
2.
Judicial Remedies Not Affected. The imposition of penalties in accordance
with the provisions of paragraph 1 above does not preclude any affected
party from pursuing any judicial remedy that is available to that
party.
3.
Administration, Notice, and Appeal.
(a)
The City Manager or the City Manager's designee is authorized to administer subsection 10-4.2d. Decisions by the City Manager to assess penalties against a video provider must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the City Council.
(b)
If the video provider or any interested person is aggrieved
by a decision of the City Manager, the aggrieved party may, within
10 days of the written decision, appeal that decision in writing to
the City Council. The City Council may affirm, modify, or reverse
the decision of the City Manager.
(c)
The imposition of monetary penalties under paragraph 1 above
is subject to the following requirements and limitations:
(1)
The City must give the video provider written notice of any
alleged material breach and must allow the video provider at least
30 days from receipt of that notice to remedy the breach.
(2)
For the purpose of assessing monetary penalties, a material
breach will be deemed to have occurred for each day following the
expiration of the period for cure specified in paragraph (c)(1) above
that the material breach has not been remedied by the video provider,
irrespective of the number of customers affected.
[Ord. #2143, § 3]
All telecommunications service providers, and all video providers,
other than cable system operators or open video system operators that
are required by this Chapter to obtain and to operate under a franchise,
must comply with all applicable provisions of this Code that set forth
the City's regulatory requirements relating to the design, placement,
and construction of facilities that are commonly used in providing
or receiving video and telecommunications services.
[Ord. #2143, § 3]
a.
The City Council finds and determines as follows:
1.
The Federal Telecommunications Act of 1996 preempts and declares
invalid all State rules that restrict entry or limit competition in
both local and long-distance telephone service.
2.
The California Public Utilities Commission ("CPUC") is primarily
responsible for the implementation of local telephone competition.
The CPUC issues certificates of public convenience and necessity to
new entrants that are qualified to provide competitive local telephone
exchange services and related telecommunications service, whether
using their own facilities or the facilities or services provided
by other authorized telephone corporations.
3.
Section 234(a) of the California Public Utilities Code defines a
"telephone corporation" as "every corporation or person owning, controlling,
operating, or managing any telephone line for compensation within
this State."
4.
Section 616 of the California Public Utilities Code provides that
a telephone corporation "may condemn any property necessary for the
construction and maintenance of its telephone line."
5.
Section 2902 of the California Public Utilities Code authorizes municipal
corporations to retain their powers of control to supervise and regulate
the relationships between a public utility and the general public
in matters affecting the health, convenience, and safety of the general
public, including such matters as the use and repair of public streets
by any public utility and the location of the poles, wires, mains,
or conduits of any public utility on, under, or above any public streets.
6.
Section 7901 of the California Public Utilities Code authorizes telephone
and telegraph corporations to construct telephone or telegraph lines
along and upon any public road or highway, along or across any of
the waters or lands within this State, and to erect poles, posts,
piers, or abutments for supporting the insulators, wires, and other
necessary fixtures of their lines, in such manner and at such points
as not to incommode the public use of the road or highway or interrupt
the navigation of the waters.
7.
Section 7901.1 of the California Public Utilities Code confirms the
right of municipalities to exercise reasonable control over the time,
place, and manner in which roads, highways, and waterways are accessed,
which control must be applied to all entities in an equivalent manner.
Nothing in Section 7901.1 adds to or subtracts from any existing authority
that municipalities have with respect to the imposition of fees.
8.
Section 50030 of the California Government Code provides that any
permit fee imposed by a city for the placement, installation, repair,
or upgrading of telecommunications facilities, such as lines, poles,
or antennas, by a telephone corporation that has obtained all required
authorizations from the CPUC and the FCC to provide telecommunications
services, must not exceed the reasonable costs of providing the service
for which the fee is charged, and must not be levied for general revenue
purposes.
b.
In recognition of and in compliance with the statutory authorizations
and requirements set forth above in paragraph a, the following regulatory
provisions are applicable to a telephone corporation that desires
to provide telecommunications service by means of facilities that
are proposed to be constructed within the City's public rights-of-way:
1.
The telephone corporation must apply for and obtain, as may be applicable,
a right-of-way agreement, an excavation permit, an encroachment permit,
or a building permit.
2.
In addition to all other information that may be required by this
Code, a telephone corporation must submit to the City the following
supplemental information:
(a)
A copy of the certificate of public convenience and necessity
issued by the CPUC to the applicant, and a copy of the CPUC decision
that authorizes the applicant to provide the telecommunications service
for which the facilities are proposed to be constructed in the City's
public rights-of-way. Any applicant that, prior to 1996, provided
telecommunications service under administratively equivalent documentation
issued by the CPUC may submit copies of that documentation in lieu
of a certificate of public convenience and necessity.
(b)
If the applicant has obtained from the CPUC a certificate of
public convenience and necessity to operate as a "competitive local
carrier," the following additional requirements are applicable:
(1)
As required by Decision No. 95-12-057 of the CPUC, the applicant
must establish that it has filed with the City in a timely manner
a quarterly report that describes the type of construction and the
location of each construction project proposed to be undertaken in
the City during the calendar quarter in which the application is filed,
which information is sufficient to enable the City to coordinate multiple
projects, as may be necessary.
(2)
If the applicant's proposed construction project will extend
beyond the utility rights-of-way into undisturbed areas or other rights-of-way,
the applicant must establish that it has filed a petition with the
CPUC to amend its certificate of public convenience and necessity
and that the proposed construction project has been subjected to a
full-scale environmental analysis by the CPUC, as required by Decision
No. 95-12-057 of the CPUC.
(3)
The applicant must inform the City whether its proposed construction
project will be subject to any of the mitigation measures specified
in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects
for Local Exchange Communication Service throughout California"] or
to the Mitigation Monitoring Plan adopted in connection with Decision
No. 95-12-057 of the CPUC. The City's issuance of a right-of-way
agreement or ministerial permits will be conditioned upon the applicant's
compliance with all applicable mitigation measures and monitoring
requirements imposed by the CPUC upon telephone corporations that
are designated as "competitive local carriers."
c.
The City reserves all rights that it now possesses or may later acquire
with respect to the regulation of any cable or telecommunications
service that is provided, or proposed to be provided, by a telephone
corporation. These reserved rights may relate, without limitation,
to the imposition of reasonable conditions in addition to or different
from those set forth in this section, the exaction of a fee or other
form of consideration or compensation for use of public rights-of-way,
and related matters; provided, however, that these regulatory rights
and authority must be consistent with Federal and State law that is
applicable to cable or telecommunications services provided by telephone
corporations.
[Ord. #2143, § 3]
a.
AFFILIATE
CABLE SERVICE
CABLE SYSTEM OPERATOR
CABLE SYSTEM OR CABLE COMMUNICATIONS SYSTEM OR CABLE TELEVISION
SYSTEM
a.
b.
c.
d.
CITY
CFR
COMMUNICATIONS ACT
FCC OR FEDERAL COMMUNICATIONS COMMISSION
FRANCHISE
FRANCHISE FEE
a.
b.
c.
d.
FRANCHISE SERVICE AREA OR SERVICE AREA
GRANTEE
MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR OR VIDEO PROGRAMMING
DISTRIBUTOR
OPEN VIDEO SYSTEM
OPEN VIDEO SYSTEM OPERATOR
PERSON
PUBLIC RIGHT-OF-WAY OR STREET
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES OR PEG ACCESS
FACILITIES
SUBSCRIBER OR CUSTOMER OR CONSUMER
TELECOMMUNICATIONS
TELECOMMUNICATIONS EQUIPMENT
TELECOMMUNICATIONS SERVICE
TELECOMMUNICATIONS SERVICE PROVIDER
U.S.C.
VIDEO PROGRAMMING PROVIDER
VIDEO PROVIDER
The words, terms, phrases, and
their derivations set forth in this Chapter have the meanings set
forth below. Words used in the present tense include the future tense,
and words in the singular include the plural number.
Shall mean, when used in relation to any person, another
person who owns or controls, is owned or controlled by, or is under
common ownership or control with, such person.
Shall mean the one-way transmission to subscribers of video
programming, or other programming services, and subscriber interaction,
if any that is required for the selection or use of that video programming
or other programming service. For the purposes of this definition,
"video programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station;
and "other programming service" means information that a cable system
operator makes available to all subscribers generally.
Shall mean any person or group of persons who provides cable
service over a cable system and directly or through one or more affiliates
owns a significant interest in that cable system; or who otherwise
controls or is responsible for, through any arrangement, the management
and operation of that cable system.
Shall mean a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment
that is designed to provide cable service that includes video programming
and that is provided to multiple subscribers within a community. The
term "cable system" does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves subscribers without using any public
right-of-way;
A facility of a common carrier that is subject, in whole or
in part, to the provisions of Title II of the Communications Act,
except that such facility will be considered a cable system (other
than for purposes specified in Section 621c of the Communications
Act) to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use
is solely to provide interactive on-demand services;
An open video system that complies with Section 653 of the Communications
Act; or Any facilities of an electric utility that are used solely
for operating its electric utility system.
Shall mean the City of Compton as represented by its City
Council or by any delegate acting within the scope of its delegated
authority.
Shall mean the Code of Federal Regulations. Thus, the citation
of "47 CFR 80.1" refers to Title 47, part 80, section 1, of the Code
of Federal Regulations.
Shall mean the Communications Act of 1934 (47 U.S.C. § 151,
et seq.), as amended by the Cable Communications Policy Act of 1984,
the Cable Television Consumer Protection and Competition Act of 1992,
and the Telecommunications Act of 1996.
Shall mean the Federal administrative agency, or any lawful
successor, that is authorized to regulate telecommunications services
and telecommunications service providers on a national level.
Shall mean an initial authorization, or the renewal of an
initial authorization, granted by the City Council, whether such authorization
is designated as a franchise, agreement, permit, license, resolution,
contract, certificate, or otherwise, that authorizes the construction
or operation of a cable system or an open video system.
Shall mean any fee or assessment of any kind that is authorized
by State or Federal law to be imposed by the City on a Grantee as
compensation in the nature of rent for the Grantee's use of the
public rights-of-way. The term "franchise fee" does not include:
Any tax, fee, or assessment of general applicability (including
any such tax, fee, or assessment imposed on both utilities and cable
operators or their services, but not including a tax, fee, or assessment
which is unduly discriminatory against cable operators or cable subscribers);
Capital costs that are required by the franchise to be incurred
by a Grantee for public, educational, or governmental access facilities;
Requirements or charges that are incidental to the award or
enforcement of the franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or
liquidated damages; or
Any fee imposed under Title 17, United States Code.
Shall mean the entire geographic area of the City as it is
now constituted, or may in the future be constituted, unless otherwise
specified in the ordinance granting a franchise, or in a franchise
agreement.
Shall mean any person that is awarded a franchise in accordance
with this Chapter, and that person's lawful successor, transferee,
or assignee.
Shall mean a person such as, but not limited to, a cable
system operator, an open video system operator, a multichannel multipoint
distribution service, a direct broadcast satellite service, or a television
receive-only satellite program distributor, who makes available multiple
channels of video programming for purchase by subscribers or customers.
Shall mean a facility consisting of a set of transmission
paths and associated signal generation, reception, and control equipment
that is designed to provide cable service, including video programming,
and that is provided to multiple subscribers within the City, provided
that the FCC has certified that such system is authorized to operate
in the City and complies with 47 CFR 1500 et seq., entitled "Open
Video Systems."
Shall mean any person or group of persons who provides cable
service over an open video system and directly or through one or more
affiliates owns a significant interest in that open video system,
or otherwise controls or is responsible for the management and operation
of that open video system.
Shall mean an individual, partnership, limited liability
company, association, joint stock company, trust, corporation, or
governmental entity.
Shall mean any area in, upon, above, beneath, or across each
of the following that has been dedicated to the public and maintained
under public authority or by others and that is located within the
City limits: streets, roadways, highways, avenues, boulevards, lanes,
alleys, courts, sidewalks, pathways, medians, parkways, easements,
rights-of-way, or similar public property that the City from time-to-time
authorizes to be included within the definition of a public right-of-way
or street.
Shall mean the total of the following:
Shall mean any person who, for any purpose, subscribes to
the services provided by a multichannel video programming distributor
and who pays the charges for those services.
Shall mean the transmission, between or among points specified
by the user, of information of the user's choosing, without change
in the form or content of the information as sent and received.
Shall mean equipment, other than customer premises equipment,
used by a telecommunications service provider to provide telecommunications
service, including software that is integral to that equipment.
Shall mean the offering of telecommunications directly to
the public for a fee, or to such classes of users as to be effectively
available directly to the public, regardless of the equipment or facilities
that are used.
Shall mean any provider of telecommunications service.
Shall mean the United States Code. Thus, the citation of
"47 U.S.C. § 153" refers to Title 47, section 153, of the
United States Code.
Shall mean any person or group of persons who has the right
under the Federal copyright laws to select and to contract for the
carriage of specific video programming on a cable system or an open
video system.
Shall mean any person, company, or service that provides
one or more channels of video programming to a residence, including
a home, multi-family dwelling complex, congregate-living complex,
condominium, apartment, or mobile home, where some fee is paid for
that service, whether directly or as included in dues or rental charges,
and whether or not public rights-of-way are used in the delivery of
that video programming. A "video provider" includes, without limitation,
providers of cable television service, open video system service,
master antenna television, satellite master antenna television, direct
broadcast satellite, multipoint distribution services, and other providers
of video programming, whatever their technology.
b.
Unless otherwise expressly stated, words, terms, and phrases not
defined in this Chapter will be given their meaning as used in Title
47 of the United States Code, as amended, and, if not defined in that
Code, their meaning as used in Title 47 of the Code of Federal Regulations.
[Ord. #2143, § 3]
a.
Any person who violates any provision of this Chapter is guilty of a misdemeanor and is punishable as provided for in Chapter 1 of this Code.
b.
The misdemeanor penalty specified above in paragraph a is not applicable
to a violation of any provision of this Chapter for which another
sanction or penalty may be imposed under any franchise, license, lease,
or similar written agreement between the City and a multichannel video
programming distributor or telecommunications service provider.
c.
The City may initiate a civil action in any court of competent jurisdiction
to enjoin any violation of this Chapter.
[Ord. #2162, § 1]
a.
Applicants for State video franchises within the boundaries of the
City of Compton must concurrently provide to the City complete copies
of any application or amendments to applications filed with the California
Public Utilities Commission. One complete copy must be provided to
the City Manager.
b.
The City will provide any appropriate comments to the California
Public Utilities Commission regarding an application or an amendment
to an application for a State video franchise.
[Ord. #2162, § 1]
A State video franchise holder operating in the City shall pay
to the City a franchise fee that is equal to 5% of the gross revenues
of that State video franchise holder. The term "gross revenues" shall
be defined as set forth in California Public Utilities Code section
5860.
[Ord. #2162, § 1]
Not more than once annually, the City may examine and perform
an audit of the business records of a holder of a State video franchise
to ensure compliance with all applicable statutes and regulations
related to the computation and payment of franchise fees.
[Ord. #2162, § 1]
a.
The holder of a State video franchise shall comply with all applicable
State and Federal customer service and protection standards pertaining
to the provision of video service.
b.
The City shall monitor a State video franchise holder's compliance
with State and Federal customer service and protection standards.
The City will provide to the State video franchise holder written
notice of any material breaches of applicable customer service and
protection standards, and will allow the State video franchise holder
30 days from receipt of the notice to remedy the specified material
breach. Material breaches not remedied within the thirty-day time
period will be subject to the following monetary penalties to be imposed
by the City in accordance with State law:
1.
For the first occurrence of a violation, a monetary penalty of $500
shall be imposed for each day the violation remains in effect, not
to exceed $1,500 for each violation.
2.
For a second violation of the same nature within 12 months, a monetary
penalty of $1,000 shall be imposed for each day the violation remains
in effect, not to exceed $3,000 for each violation.
3.
For a third or further violation of the same nature within 12 months,
a monetary penalty of $2,500 shall be imposed for each day the violation
remains in effect, not to exceed $7,500 for each violation.
c.
A State video franchise holder may appeal a monetary penalty assessed
by the City within 60 days. After relevant evidence and testimony
are received, and staff reports are submitted, the City Council will
vote to either uphold or vacate the monetary penalty. The City Council's
decision on the imposition of a monetary penalty shall be final.
[Ord. #2162, § 1]
a.
A State video franchise holder who uses the public rights-of-way
shall designate sufficient capacity on its network to enable the carriage
of at least three public, educational, or governmental (PEG) access
channels.
b.
Additional requirements relating to PEG access channels are as follows:
1.
A State video franchise holder is subject to payment of the PEG support fee specified below in subsection 10-7.6.
2.
PEG access channels shall be for the exclusive use of the City or
its designees to provide public, educational, or governmental programming.
3.
Advertising, underwriting, or sponsorship recognition may be carried
on the PEG access channels for the purpose of funding PEG-related
activities.
4.
The PEG access channels shall be carried on the basic service tier.
5.
To the extent feasible, the PEG access channels shall not be separated
numerically from other channels carried on the basic service tier,
and the channel numbers for the PEG access channels shall be the same
channel numbers used by the incumbent cable operator unless prohibited
by Federal law.
6.
After the initial designation of PEG access channel numbers, the
channel numbers shall not be changed without the prior written consent
of the City, unless the change is required by Federal law.
7.
Each PEG access channel shall be capable of carrying a National Television
System Committee (NTSC) television signal.
[Ord. #2162, § 1; reauthorized by Ord. #2283]
a.
A fee paid to the City is hereby established for the support of public,
educational, and governmental access facilities and activities within
the City, which fee shall be paid by any new City-franchised cable
operator and by State video franchise holders operating within the
City. Unless a higher percentage is authorized by applicable State
or Federal law, this fee shall be 1% of a franchisee's gross
revenues derived from the provision of video services within the City.
The term "gross revenues" shall be defined as set forth in California
Public Utilities Code Section 5860.
b.
The fee established by this section shall be remitted quarterly to
the City Treasurer and must be received not later than 45 days after
the end of the preceding calendar quarter. The fee payment shall be
accompanied by a summary that describes all sources of the gross revenues
upon which the fee is based, which summary must be verified by a responsible
financial officer or employee of the video service provider.
[Ord. #2162, § 1]
Where technically feasible, a State video franchise holder and
incumbent cable operator shall negotiate in good faith to interconnect
their networks for the purpose of providing PEG access channel programming.
Interconnection may be accomplished by direct cable, microwave link,
satellite, or other reasonable method of connection. State video franchise
holders and incumbent cable operators shall provide interconnection
of the PEG access channels on reasonable terms and conditions and
may not withhold the interconnection. If a State video franchise holder
and an incumbent cable operator cannot reach a mutually acceptable
interconnection agreement, the City may require the incumbent cable
operator to allow the State video franchise holder to interconnect
its network with the incumbent's network at a technically feasible
point on the holder's network as identified by the holder. If
no technically feasible point for interconnection is available, the
State video franchise holder shall make an interconnection available
to the channel originator and shall provide the facilities necessary
for the interconnection. The cost of any interconnection shall be
borne by the State video franchise holder requesting the interconnection
unless otherwise agreed to by the parties.
[Ord. #2162, § 1]
A State video franchise holder must comply with the Emergency
Alert System requirements of the Federal Communications Commission
in order that emergency messages may be distributed over the holder's
network. Provisions in City-issued franchises authorizing the City
to provide local emergency notifications shall remain in effect, and
shall apply to all State video franchise holders in the City for the
duration of the City-issued franchise, or until the term of the franchise
would have expired had it not been terminated pursuant to subdivision
(m) of Section 5840 of the California Public Utilities Code, or until
January 1, 2009, whichever is later.
[Ord. #2162, § 1]
a.
As used in this section, the term "encroachment permit" means any
permit issued by the City relating to construction or operation of
facilities by the holder of a State video franchise.
b.
The City shall either approve or deny an application from a holder
of a State video franchise for an encroachment permit within 60 days
of receiving a completed application.
c.
If the City denies an application for an encroachment permit, the
City shall, at the time of notifying the applicant of the denial,
furnish to the applicant a detailed explanation of the reason for
the denial. An applicant may appeal the City's denial of an encroachment
permit application to the City Council. A written notice of appeal
stating the facts of the matter and the grounds for appeal shall be
filed with the City Clerk within 10 days of the denial. The City Clerk
shall set the matter for hearing at a regular meeting of the City
Council and shall give the appellant written notice of the time and
place of hearing at least five days before the hearing. The decision
of the City Council taken after the appellant has had an opportunity
to be heard will be final.
[Ord. #2162, § 1]
As used in this Section 10-7, the following terms shall be defined as set forth in Section 5830 of the California Public Utilities Code:
a.
Broadband;
b.
Cable operator;
c.
Cable service;
d.
Cable system;
e.
Commission;
f.
Franchise;
g.
Franchise fee;
h.
Local franchising entity;
i.
Holder;
j.
Incumbent cable operator;
k.
Local entity;
l.
Network;
m.
Open-video system;
n.
OVS operator;
o.
Public right-of-way;
p.
State franchise;
q.
Subscriber;
r.
Video programming;
s.
Video service;
t.
Video service provider.
