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)
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)
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)