Notwithstanding any provision of this chapter to the contrary,
nothing in this chapter shall be deemed to require any person or entity
to obtain a franchise issued by the City, to the extent that such
person or entity is authorized to provide cable service or video services
under a cable franchise or video services franchise issued by another
government entity under applicable law, including, but not limited
to, Section 5800 et seq., of the California
Public Utilities Code.
The requirements and provisions of this chapter shall not apply or
be enforced to the extent that they actually conflict with applicable
State or Federal law.
(14-07)
Sections
5.03.010 through
5.03.080 of this chapter are 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 of Claremont shall receive a franchise fee from all State video franchise holders operating within the City. Additionally, the City has 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. The Act leaves unchanged the City's authority to regulate the City's current cable franchise in accordance with this chapter and the cable franchise currently in effect, until such time as the cable franchisee no longer holds a City franchise or is no longer operating under a current or expired City franchise.
(14-07)
For any State video franchise holder operating within the boundaries
of the City of Claremont, there shall be a fee (State franchise fee)
paid to the City equal to five percent of the gross revenue of that
State video franchise holder. Gross revenue, for the purposes of this
section, shall have the definition set forth in California Public
Utilities Code Section 5860. The State franchise fee shall be paid
to the City quarterly, within 45 days after the end of each calendar
quarter. If the State franchise fee is not paid when due, the State
video franchise holder shall pay a late payment charge at a rate per
year equal to the highest prime lending rate during the period of
delinquency, plus one percent.
(14-07)
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 of Claremont to ensure compliance with this chapter.
(14-07)