The purpose of this chapter is to set forth regulations for
the provision of video service by state franchise holders, in accordance
with the Digital Infrastructure and Video Competition Act, California
Public Utilities Code Sections 5800 through 5970 (“DIVCA”).
This chapter shall apply to video service providers operating within
the city pursuant to a valid state franchise.
(Ord. 1394 § 1, 2008)
For the purposes of this chapter, the words set out in this
section shall have the following meanings:
“City”
means the city of South San Francisco.
“City manager”
means the city manager of the city of South San Francisco,
or designee.
(Ord. 1394 § 1, 2008)
Any state franchise holder shall remit to the city a franchise
fee in the amount of five percent of the gross revenues of the state
franchise holder in compliance with California
Public Utilities Code
Section 5840(q).
(Ord. 1394 § 1, 2008)
(a) In
accordance with
Public Utilities Code Section 5870(n), upon termination
of all incumbent cable provider franchises, each state franchise holder
shall remit to the city a fee to support PEG channel facilities in
the amount of one percent of gross revenues. Each state franchise
holder shall remit such fee to support PEG channel facilities quarterly,
within forty-five calendar days after the end of the quarter for the
preceding calendar quarter. All revenue collected pursuant to this
fee shall be deposited in a separate fund and shall only be expended
for the purpose of supporting PEG channel facilities.
(b) Each payment of the fee established in subsection
(a) of this section delivered to the city shall be accompanied by a summary report: (1) explaining the basis for the calculation of the payment; (2) reflecting the total amount of gross revenues for the remittance period and all payments, deductions and computations used to determine the amount of the quarterly remittance; and (3) the fourth quarter payment shall include the total amount of gross revenues for the remittance period and a summary of the gross revenues submitted for the entire calendar year. The city manager may establish, and from time to time revise, such additional reporting requirements as are reasonably necessary to ensure that the basis for the calculation of the amount of remittance is adequately explained and documented, and each state franchise holder shall comply with such additional reporting requirements provided that each state franchise holder shall have agreed to such additional reporting requirements. Any additional reporting requirements must be mutually agreed upon by the city and the franchise holder.
(c) Each
state franchise holder shall designate a sufficient amount of capacity
on its network to allow the provision of PEG channels in accordance
with California
Public Utilities Code Section 5870. Each state franchise
holder shall have three months from the date the city requests the
PEG channels to designate the capacity. The three-month period shall
be tolled by any period during which the designation or provision
of PEG channel capacity is technically infeasible.
(d) This
section shall be enforced, and disputes regarding this section shall
be resolved, pursuant to California
Public Utilities Code Section
5870(p).
(e) Notwithstanding subdivision (n) of
Public Utilities Code Section 5870, upon the expiration of any state franchise, without any action of the city council, this section shall be deemed to have been automatically reauthorized unless the state franchise holder has given the city council and city manager written notice sixty days prior to the expiration of its state franchise that the fee authorized in subsection
(a) of this section will expire pursuant to the terms of subdivision (n) of
Public Utilities Code Section 5870.
(Ord. 1394 § 1, 2008; Ord. 1429 § 1, 2010; Ord. 1535 § 2, 2017)
The city shall ensure that it receives all franchise fee revenue
to which it is entitled to at the times and in the amounts specified
by
Public Utilities Code Section 5860, and, to that end, the city
manager is hereby authorized, either with or without the assistance
of duly authorized representative, to examine the business records
of the holder of the state franchise in accordance with subdivision
(i) of
Public Utilities Code Section 5860.
(Ord. 1394 § 1, 2008)