For purposes of this chapter, the following terms have the following
meanings:
means the City of Roseville, a municipal corporation.
means gross revenues as that term is defined in subdivision
(d) of Section 5860 of the Public Utilities Code, as amended from
time to time.
means a video service provider that has been issued a state
franchise from the California Public Utilities Commission to offer
video service within the city.
means an incumbent cable operator as that term is defined
in subdivision (j) of Section 5380 of the Public Utilities Code, as
amended from time to time.
means video service as that term is defined in subdivision
(s) of California Public Utilities Code Section 5830, as amended from
time to time.
means a person, group of persons or entity providing video
service.
(Ord. 4556 § 1, 2007)
A.
This
chapter is designed to regulate video service providers holding state
video franchises and operating within the city.
B.
As of
January 1, 2007, the state of California, by and through the Public
Utilities Commission, is the sole franchising authority for a state
franchise to provide video service pursuant to the Digital Infrastructure
and Video Competition Act (DIVCA) of 2006. Pursuant to DIVCA, a holder
must calculate and remit a franchise fee to the city. The city shall
also receive from all holders a fee for public, education, and government
(PEG) purposes. While DIVCA grants sole authority to adopt customer
service standards to the state of California, the city acquires the
responsibility to establish and enforce penalties, consistent with
state law, against all holders for violations of customer service
standards. The city will require interconnections where feasible and
require that holders comply with emergency alert system requirements.
(Ord. 4556 § 1, 2007; Ord. 6013 § 3, 2018)
For any holder, there shall be a fee paid to the city equal
to five percent of the holder’s gross revenues.
(Ord. 4556 § 1, 2007)
For any holder, there shall be an additional fee paid to the
city equal to one percent of the holder’s gross revenues, which
fee shall be used by the city for PEG purposes consistent with state
and federal law.
(Ord. 4556 § 1, 2007)
Not more than once annually, the city manager or his or her
designee may examine and perform an audit of a holder’s business
records to ensure compliance with all applicable statutes and regulations
related to the computation and payment of franchise fees. Holders
shall keep all business records reflecting any gross revenues, even
if there is a change of ownership, for at least four years after those
revenues are recognized by the holder on its books and records. If
an examination discloses that a holder has underpaid franchise fees
by more than five percent during the examination period, the holder
shall pay all of the reasonable and actual costs of the examination.
If an examination discloses that a holder has not underpaid franchise
fees, the city shall pay all of the reasonable and actual costs of
the examination. In every other instance, the city and the holder
shall bear its own costs of an examination.
(Ord. 4556 § 1, 2007)
A.
The
holder 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 holder’s compliance with state and federal
customer service and protection standards. The city manager, or his
or her designee, shall provide a holder with written notice of any
material breaches of applicable customer service standards, and shall
allow the holder 30 days from the receipt of such notice to remedy
the specified material breach. A material breach for the purposes
of assessing penalties shall be deemed to have occurred for each day
within the city that any material breach has not been remedied by
the holder following the expiration of such 30-day period, irrespective
of the number of customers affected. For purposes of this section,
“material breach” means a material breach as that term
is defined in subdivision (j) of Section 5900 of the Public Utilities
Code, as amended from time to time.
C.
Material
breaches not remedied within the 30-day time period will be subject
to the following penalties to be imposed by the city in accordance
with state law:
1.
For
the first occurrence of a violation, a fine of $500.00 shall be imposed
for each day the violation remains in effect, not to exceed $1,500.00
for each violation.
2.
For
a second violation of the same nature within 12 months, a fine of
$1,000.00 shall be imposed for each day the violation remains in effect,
not to exceed $3,000.00 for each violation.
3.
For
a third or further violation of the same nature within 12 months,
a fine of $2,500.00 shall be imposed for each day the violation remains
in effect, not to exceed $7,500.00 for each violation.
D.
A holder
may appeal a penalty assessed by the city manager, or designee, to
the Roseville public utility commission by filing a written request
with the city manager, or his or her designee, within 10 days of the
imposition of such penalty. The Roseville public utility commission
shall hear all evidence and relevant testimony and may uphold, modify
or vacate the penalty.
E.
The
decision of the Roseville public utility commission may be appealed
to the city council by filing a written request with the city clerk
within 10 days of the Roseville public utility commission’s
decision. The city council shall hear all evidence and relevant testimony
and may uphold, modify or vacate the penalty. The city council’s
decision on the imposition of the penalty shall be final. Judicial
review of a final decision of the city council shall be in accordance
with state law.
(Ord. 4556 § 1, 2007)
A.
Applicants
for state video franchises within the boundaries of the City of Roseville
must concurrently provide complete copies to the city 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.
Within
30 days of receipt, the city manager or his or her designee 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. 4556 § 1, 2007)
A.
A holder
that uses the public right-of-way shall designate sufficient capacity
on its network to enable the carriage of a least five public, educational
or governmental (PEG) channels.
B.
PEG
access channels shall be for the exclusive use of the city or its
designees to provide public, educational or governmental programming.
C.
Advertising,
underwriting or sponsorship recognition may be carried on PEG channels
for the purpose of funding PEG-related activities.
D.
The
PEG access channels shall be carried on the basic service tier.
E.
To the
extent feasible, the PEG access channels shall not be separated numerically
from other channels carried on the basic service tier.
F.
After
the initial designation of the 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.
(Ord. 4556 § 1, 2007)
Where technically feasible, a holder and an 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 fiber or cable, microwave link, satellite,
or other reasonable method of connection. 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 holder and an incumbent cable operator cannot reach a mutually
acceptable interconnection agreement, the city may require the incumbent
cable operator to allow the 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 holder shall
make interconnection available to the channel originator and shall
provide the facilities necessary for interconnection. The cost of
any interconnection shall be borne by the holder requesting interconnection
unless otherwise agreed to by the parties.
(Ord. 4556 § 1, 2007)
A 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 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 Public Utilities
Code, or until January 1, 2009, whichever is later.
(Ord. 4556 § 1, 2007)
If any sentence, clause or phrase of this chapter is for any
reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this chapter. The city council
declares that it would have passed this ordinance and adopted the
ordinance codified in this chapter and each section, sentence, clause
or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
(Ord. 4556 § 1, 2007)
