The purpose of this chapter is to enact those regulations applicable to holders of a State video service franchise, issued by the State of California pursuant to the Digital Infrastructure and Video Competition Act of 2006 (DIVCA), and doing business within the City, which are required of the City pursuant to such Act.
(Prior code § 5-17.1; Ord. 1141 § 3, 9/24/07)
Any holder of a State video service franchise shall, at a minimum, comply with all applicable State and Federal customer service and protection standards pertaining to the provision of video service.
(Prior code § 5-17.2; Ord. 1141 § 3, 9/24/07)
A. 
The City shall provide a holder of a State video franchise such notice and opportunity to remedy a breach of applicable customer service and protection standards as is required by law. If a material breach that is not remedied by the State video franchise holder within the remedy period, the State video franchise holder shall be subject to the following penalties imposed by the City:
1. 
For the first occurrence of a material breach, a penalty of not more than $500 for each day of each material breach, not to exceed $1,500 for each occurrence of a material breach.
2. 
For the second violation of the same nature within 12 months, a penalty of $1,000 for each day of each material breach, not to exceed $3,000 for each occurrence of the material breach.
3. 
For a third or further violation of the same nature within 12 months, a penalty of $2,500 for each day of each material breach, not to exceed $7,500 for each occurrence of the material breach.
B. 
The City's Director of Finance shall be responsible for the issuance of notices and for the imposition and collection of penalties. Any notice shall be in writing. Notices shall be transmitted by United States Postal Service certified or registered mail, return receipt requested and postage prepaid, or by private commercial delivery or courier service for same day or next business day delivery with delivery and receipt signature required.
C. 
The State video service franchise holder may appeal any finding of material breach or imposition of penalties to the City Manager. Such appeal shall be filed in writing in the City Manager's office within 30 calendar days of receipt by the State video service franchise holder of the finding of material breach or the imposition of penalties. Any appeal must contain a detailed explanation of why the applicant believes that the finding of material breach or the imposition of penalties was inconsistent with statutory requirements. The decision of the City Manager shall be final.
D. 
The City and any State video service franchise holder may mutually agree to extend the time periods specified herein. Any such agreement shall be in writing and executed by the City Manager, or the City Manager's designee, and an authorized representative of the State video franchise holder.
E. 
Any penalty imposed on the State video franchise holder shall be paid to the City. As provided for in Section 5900(g) of the California Public Utilities Code, the City shall submit 1/2 of all penalties received from a State video franchise holder to the State of California Digital Divide Account.
(Prior code § 5-17.3; Ord. 1141 § 3, 9/24/07)
A. 
Prior to installing, constructing, or maintaining a network, or any part thereof, within any portion of any City right-of-way, a holder of a State video service franchise shall obtain an encroachment permit from the City's Director of Public Works.
B. 
The Director of Public Works shall either approve or deny an application from a State video service franchise holder for an encroachment permit within 60 days of receiving a completed application.
C. 
An application for an encroachment permit is considered complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act (CEQA).
D. 
If the Director of Public Works denies an application for an encroachment permit, he or she shall state such denial in writing which shall contain a detailed explanation of the reason for the denial.
E. 
An applicant whose application for an encroachment permit has been denied may appeal the denial to the City Manager. Any appeal must be must be submitted in writing to the City Manager's office within 30 calendar days of date of the denial letter. The City Manager's decision shall be in writing. If the City Manager denies the appeal, his/her decision may be appealed to the City Council. Any such appeal must be submitted in writing to the City Clerk within 30 days from the date of the City Manager's decision. All appeals must contain a detailed explanation of why the applicant believes that the denial was inconsistent with statutory requirements.
F. 
For purposes of this chapter, an "encroachment permit" shall mean any permit issued by the City relating to installation, construction or operation of facilities in the City's public rights-of-way relating to, used for, or designed to be used for the provision of video service under a State video service franchise.
(Prior code § 5-17.4; Ord. 1141 § 3, 9/24/07)
A. 
Any State video service franchise holder operating within the boundaries of the City shall calculate and remit to the City a franchise fee of 5% of its gross revenues in accordance with the following:
1. 
The fee shall be payable to the City quarterly no later than June 1, September 1, December 1, and March 1 for the preceding calendar quarter for which the payment is due. However, in accordance with Section 5860(a) of the CPUC, the first remittance by a State video service franchise holder shall not be due until the time of the first quarterly payment that is at least 180 days after the provision of service began.
2. 
As required by Section 5860(h) of the CPUC, the payment shall be accompanied by a summary explaining the basis for the calculation of the franchise fee.
3. 
Per Section 5860(h) of the CPUC, if the State video service franchise holder does not pay the franchise fee when due, the State video service franchise holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus 1%.
B. 
As required by Section 5870(n) of the CPUC, the City hereby establishes a fee of 1% of a State video service franchise holder's gross revenues to support Public, Educational and Governmental (PEG) facilities, to be paid by any State video service franchise holder operating within the boundaries of the City in accordance with the following:
1. 
The fee shall be payable to the City quarterly no later than June 1, September 1, December 1, and March 1 for the preceding calendar quarter for which the payment is due.
2. 
As permitted by Section 5870(o) of the CPUC, any State video service franchise holder operating in the City may recover the PEG fees required herein as a separate line item on the regular bill of each subscriber.
C. 
For the purposes of this section "CPUC" shall mean the California Public Utilities Code.
D. 
For the purposes of this section "gross revenues" shall have the definition as set forth at Section 5860 of the CPUC.
(Prior code § 5-17.5; Ord. 1163 § 1, 5/27/08)
Not more than once annually, the City Manager, or his/her designee, may examine and perform an audit of the business records of any State video service franchise holder to ensure compliance with Section 5.80.050 or any other fee or tax as permitted by law.
(Prior code § 5-17.6; Ord. 1163 § 1, 5/27/08)
A. 
In those areas and portions of the City where the transmission or distribution facilities of both the public utility provided telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the State video service franchise holder shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this section, "underground" shall include a partial underground system, e.g., streamlining. Consistent with State law, amplifiers vaults, boxes, pedestals, and similar facilities may be in appropriate housings upon the surface of the ground as approved by the City.
B. 
When the State video service franchise holder's conduits and other facilities are not being installed underground, the State video service franchise holder shall utilize its existing poles, conduits, or other facilities (collectively "system") to the extent feasible, as reasonably determined by the City, and shall remove all portions of the above-ground system which will no longer be utilized. In addition, all facilities which are installed above ground shall utilize anti-graffiti surfaces. If a State video service franchise holder's facilities nevertheless, is painted with graffiti, then the State video service franchise holder shall have five days from its receipt of notification of the graffiti by the City to remove the graffiti. Upon the failure, refusal, or neglect of the State video service franchise holder to remove the graffiti within five days, the City Manager may cause the graffiti to be removed and, upon so doing, shall submit to the State video service franchise holder an itemized statement of the costs thereof. The franchise holder shall, within 30 days after receipt of such statement, pay to the City the entire amount thereof.
(Prior code § 5/17.7; Ord. 1163 § 1, 5/27/08)
A. 
Applicants for State video franchises within the boundaries of the City 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 after receipt, the City Manager 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.
(Prior code § 5-17.8; Ord. 1163 § 1, 5/27/08)