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:
shall be ascribed the meaning set forth in Section 5830 of
the Digital Infrastructure and Video Competition Act of 2006.
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.
means the fee adopted pursuant to Section 5840 of the Digital
Infrastructure and Video Competition Act of 2006.
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.
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.
shall be ascribed the meaning set forth in Section 5870(d)
of the Digital Infrastructure and Video Competition Act of 2006.
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.
means a franchise that is issued pursuant to the Digital
Infrastructure and Video Competition Act of 2006.
means a person who lawfully receives video service from the
holder of a state franchise for a fee.
shall be ascribed the meaning set forth in Section 5830 of
the Digital Infrastructure and Video Competition Act of 2006.
means an entity providing video services.
(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)
A.
Upon
request by the city, a holder shall initially activate and provide
up to three public, educational and government channels, pursuant
to the provisions of the Digital Infrastructure and Video Competition
Act of 2006, as it may be amended.
B.
Every
holder operating within the jurisdictional boundaries of the city
shall pay a public, educational and government channels fee to the
city in the amount of up to one percent as may be set by resolution
of the council, of that holder's gross revenues derived from the operation
of its network to provide cable services or video services within
the city, to support facilities for public, educational and government
channels, as permitted by 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)
A.
A holder
shall comply with Sections 53055, 53055.1, 53055.2 and 53088.2 of
the California Government Code, and any other customer service standards
pertaining to the provision of video service established by federal
law or regulation or adopted by subsequent amendment by the State
Legislature. All customer service and consumer protection standards
under this subsection shall be interpreted and applied to accommodate
newer or different technologies while meeting or exceeding the goals
of the standards.
B.
A holder
shall also comply with Section 637.5 of the California Penal Code
and the privacy standards of Section 551 of Title 47 of the United
States Code.
C.
The
city is authorized to enforce all customer service and protection
standards contained set forth in the Digital Infrastructure and Video
Competition Act of 2006, as it may be amended, with respect to complaints
received from the residents within the city's jurisdiction. The city
is authorized to impose penalties for any material breach of any applicable
customer service standards, as set forth herein.
D.
The city manager or the city manager's designee is authorized to monitor the compliance of holders with respect to state and federal customer service and protection standards. The city manager or the city manager's designee shall provide the holder with written notice of any material breaches of applicable customer service standards and allow the holder thirty days from the receipt of the notice to remedy the specified material breach. No monetary penalties shall be assessed for a material breach if the breach is out of the reasonable control of the holder. Material breaches not remedied within the thirty-day time period will be subject to the maximum penalties imposed by the city, as described in subsection E. A material breach for the purposes of assessing penalties shall be deemed to have occurred for each day, following the expiration of the above-stated thirty-day cure period, in which any material breach has not been remedied by the video service provider, irrespective of the number of customers or subscribers affected. Any penalty shall be provided to the city by the violating state franchise holder and the city shall submit one-half of the penalty to the Digital Divide Account established through Section 280.5 of the Public Utilities Code.
E.
The
maximum monetary penalties set forth in Public Utilities Code Section
5900 are hereby adopted and enacted as the applicable schedule of
penalties for the material breach of the applicable customer service
standards by a holder, as follows:
1.
For
the first occurrence of a material breach, the monetary penalty shall
be five hundred dollars for each day of each material breach, not
to exceed one thousand five hundred dollars for each occurrence of
a material breach.
2.
If
a material breach has occurred and notice has been provided and a
fine or penalty has been assessed, for any subsequent material breach
of the same nature within twelve months, the penalty shall be one
thousand dollars for each day of each material breach, not to exceed
three thousand dollars for each occurrence of the material breach.
3.
If
a third or further material breach of the same nature occurs within
those same twelve months, and notice has been provided and a fine
or penalty has been assessed, the penalty shall be two thousand five
hundred dollars for each day of each material breach, not to exceed
seven thousand five hundred dollars for each occurrence of the material
breach.
(Ord. 1040 § 3, 2011)
