This chapter is designed to regulate video service providers holding State video franchises and operating within the City. As of January 1, 2007, the State of California has the sole authority to grant State video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (Act). Pursuant to the Act, the City shall receive a franchise fee and shall receive a fee for public, educational and government (PEG) purposes from all State video franchise holders operating within the City. Additionally, the City will acquire the responsibility to establish and enforce penalties, consistent with State law, against all State video franchise holders operating within the City for violations of customer service standards, but the Act grants all authority to adopt customer service standards to the State.
(Ord. 557 § 3, 2019)
A. 
To the fullest extent permitted by law, any State video franchise holder operating within the boundaries of the City shall pay a fee to the City equal to five percent of the gross revenue of that State video franchise holder.
B. 
For any State video franchise holder operating within the boundaries of the City, there shall be an additional fee paid to the City equal to one percent of the gross revenue of that State video franchise holder, which fee shall be used by the City for PEG purposes consistent with State and Federal law.
C. 
Gross revenue, for the purposes of subsections A and B of this section, shall have the definition set forth in California Public Utilities Code Section 5860.
D. 
The state franchise fee and the PEG fee required by subsections A and B of this section, must each be paid to the City quarterly, in a manner consistent with California Public Utilities Code Section 5860. The State video franchise holder must deliver to the City, by check or other means specified by the City, a payment for the State video franchise fee and a separate payment for the PEG fee not later than 45 days after the end of each calendar quarter. Each payment made must be accompanied by a summary explaining the basis for the State video franchise fees, containing such information as the City Manager may require consistent with the Digital Infrastructure and Video Competition Act of 2006. In the event a State video franchise holder fails to make payments required by this section on or before the due dates specified in this section, the statute video franchise holder must pay a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent.
E. 
To the extent reauthorization is required by law, this chapter, including the PEG fee in the amount of one percent of gross revenues, is reauthorized, which reauthorization shall be effective for so long as such reauthorization is required by law, upon the expiration of a state franchise as to each affected State video franchise holder.
(Ord. 557 § 3, 2019)
Not more than once annually, the City Manager or designee may examine and perform an audit of the business records of all holders of a State video franchise operating within the boundaries of the City to ensure compliance with Section 4.08.020 of this code.
(Ord. 557 § 3, 2019)
A. 
Any holder of a State video franchise operating within the boundaries of the City shall comply with all applicable State and Federal customer service and protection standards pertaining to the provision of video service.
B. 
The City Manager shall monitor the compliance of holders of a State video franchise operating within the boundaries of the City with respect to State and Federal customer service and protection standards. The City Manager will provide the State video franchise holder written notice of any material breaches of applicable customer service standards, and will allow the State video franchise holder 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties to be imposed by the City:
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.
C. 
A holder of a State video franchise operating within the boundaries of the City may appeal a penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. 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 a penalty shall be final.
(Ord. 557 § 3, 2019)
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 PUC. At a minimum, one complete copy must be provided to the City Manager.
B. 
Within 30 days of receipt, the City Manager will provide any appropriate comments to the PUC regarding an application or an amendment to an application for a State video franchise.
(Ord. 557 § 3, 2019)
Except as expressly provided in this chapter, the provisions of Title 8 of this code, and all City administrative rules and regulations developed pursuant to Title 8 of this code, as now existing or as hereafter amended, shall apply to all work performed by or on behalf of a State video franchise holder in any public rights-of-way.
(Ord. 557 § 3, 2019)
A. 
Prior to commencing any work for which a permit is required by Title 8 of this code, a State video franchise holder must apply for and obtain a permit in accordance with the provisions of Title 8 of the Code. A permit application is complete when the State video franchise holder has complied with all applicable laws and regulations, including, but not limited to, all City administrative rules and regulations, and all applicable requirements of Division 13 of the California Public Resources Code, Section 21000, and following, (the California Environmental Quality Act) and preparation of plans and specifications as required by the Director of Engineering.
B. 
The Director of Engineering shall, in the exercise of reasonable discretion as permitted by State law, either approve or deny a State video franchise holder's application for any permit required under Title 8 of the Code within 60 days of receiving a complete permit application from the State video franchise holder.
C. 
If the Director of Engineering denies a State video franchise holder's application for a permit, the Director of Engineering shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.
D. 
A State video franchise holder that has been denied a permit by final decision of the Director of Engineering may appeal to the City Council within 10 days after the date of the final decision following the procedures set forth in Chapter 1.14 of this code.
E. 
The issuance of a permit under Title 8 of the Santee Municipal Code is not a franchise, and does not grant any vested rights in any location in the public rights-of-way, or in any particular manner of placement within the public rights-of-way. A permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee may be required to place facilities underground, upon reasonable notice to the permittee.
(Ord. 557 § 3, 2019; Ord. 612 § 2, 2023)