This chapter shall be referred to as the "State Video Franchise
Ordinance."
(Ord. 1040 § 3, 2011)
The purpose of this chapter is to regulate video service providers
holding state video franchises within the jurisdictional boundaries
of the city as specifically permitted by the Digital Infrastructure
and Video Competition Act of 2006, and the rules of the California
Public Utilities Commission promulgated thereunder.
(Ord. 1040 § 3, 2011)
For purposes of this chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this section:
"Cable service"
shall be ascribed the meaning set forth in Section 5830 of
the Digital Infrastructure and Video Competition Act of 2006.
"Franchise"
means an initial authorization, or renewal of an authorization,
issued by a franchising entity, regardless of whether the authorization
is designated as a franchise, permit, license, resolution, contract,
certificate, agreement, or otherwise, that authorizes the construction
and operation of any network in the right-of-way capable of providing
video service to subscribers.
"Franchise fee"
means the fee adopted pursuant to Section 5840 of the Digital
Infrastructure and Video Competition Act of 2006.
"Gross revenue"
means all revenue actually received by the holder of a state
franchise, as determined in accordance with generally accepted accounting
principles, that is derived from the operation of the holder's network
to provide cable or video service within the jurisdiction of the city,
as more particularly set forth in Section 5860 of the Digital Infrastructure
and Video Competition Act of 2006.
"Holder"
means a person or group of persons that has been issued a
state franchise from the California Public Utilities Commission pursuant
to the Digital Infrastructure and Video Competition Act of 2006.
"Material breach"
means any substantial and repeated failure of a video service
provider to comply with service quality and other standards specified
in Section 5900(a) of the Digital Infrastructure and Video Competition
Act of 2006.
"State franchise"
means a franchise that is issued pursuant to the Digital
Infrastructure and Video Competition Act of 2006.
"Subscriber"
means a person who lawfully receives video service from the
holder of a state franchise for a fee.
"Video service"
shall be ascribed the meaning set forth in Section 5830 of
the Digital Infrastructure and Video Competition Act of 2006.
(Ord. 1040 § 3, 2011)
Every holder operating within the jurisdictional boundaries
of the city shall pay a franchise fee to the city in the amount of
five percent of that holder's gross revenues derived from the operation
of its network to provide cable services or video services within
the city, which shall be remitted per the provisions set forth in
the Digital Infrastructure and Video Competition Act of 2006, as it
may be amended.
(Ord. 1040 § 3, 2011)
Not more than once annually, the city manager or the city manager's designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with Sections
5.13.040 and
5.13.050.
(Ord. 1040 § 3, 2011)