Pursuant to California Assembly Bill 2987, effective January 1, 2007, the California Public Utilities Commission (PUC) has the authority to grant state video franchises. Under this new legislative scheme, the city of Monterey Park will acquire certain rights and responsibilities with respect to state video franchise holders. These include the receipt of a franchise fee and a fee for Public, Educational and Government (PEG) purposes, both based on a percentage of the gross revenues of state franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules. The city will retain authority, without change, over all city video franchisees until such time as they no longer hold a city franchise, or are no longer operating under a current or expired city franchise. The city may continue to grant, modify, renew, extend or terminate city video franchises for video service until January 1, 2008. After January 1, 2008, the city may modify, renew, extend or terminate existing city video franchises, whether current or expired. The purpose of this chapter is to help secure the city's rights and clarify its responsibilities under the provisions of the new legislative scheme.
(Ord. 2048 § 2, 2007)
(a) 
For purposes of this chapter, "state franchise," "video service," and "video service provider" shall have the same meanings as those terms are defined in Section 5830 of the California Public Utilities Code.
(b) 
For purposes of this chapter, the term "state video franchise holder" shall have the same meaning as "video service provider," and "state video franchise" shall have the same meaning as "state franchise."
(c) 
For purposes of this chapter, "city video franchise" shall mean the city's video franchises existing at the time the ordinance in this chapter is enacted.
(Ord. 2048 § 2, 2007)
(a) 
For any state video franchise holder operating within the boundaries of the city of Monterey Park, there shall be a franchise fee paid to the city in accordance with Public Utilities Code Section 5840.
(b) 
For any state video franchise holder operating within the boundaries of the city of Monterey Park, 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.
(Ord. 2048 § 2, 2007)
Not more than once annually, the city manager, or designee, may examine and perform an audit of the business records of a state video franchise holder to ensure compliance with Section 3.80.030.
(Ord. 2048 § 2, 2007)
(a) 
A state video franchise holder shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.
(b) 
The city manager, or designee, shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. The city manager, or designee, will provide the state video franchise holder written notice of any material breaches of applicable customer and service standards, and will allow the state video franchise holder thirty days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty-day time period will be subject to the following penalties to be imposed by the city manager:
(1) 
For the first occurrence of a violation, a fine of five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars for each violation.
(2) 
For a second violation of the same nature within twelve months, a fine of one thousand dollars shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars for each violation.
(3) 
For a third or further violation of the same nature within twelve months, a fine of two thousand five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars for each violation.
(c) 
A state video franchise holder may appeal a penalty assessed by the city manager to the city council within sixty days of the date the city manager renders a decision in writing. After relevant speakers are heard, and any necessary staff reports are submitted, the city council shall vote to uphold, amend, or overturn the penalty. The city council's decision on the imposition of a penalty shall be final.
(Ord. 2048 § 2, 2007)
(a) 
Applicants for state video franchises within the boundaries of the city of Monterey Park must concurrently provide complete copies to the city of any application or amendments to applications filed with the PUC. One complete copy must be provided to the city clerk, and one complete copy to the city manager.
(b) 
The city manager, or designee, will provide any appropriate comments to the PUC regarding an application or an amendment to an application for a state video franchise.
(Ord. 2048 § 2, 2007)
(a) 
The city shall allow a state video franchise holder to install, construct, and maintain a network within public rights-of-way under the same time, place, and manner as the provisions governing telephone corporations under applicable state and federal law.
(b) 
Encroachment Permit Process.
(1) 
The director of public works shall prescribe the form of each application, documents provided for or required under this chapter for encroachment permits.
(2) 
An application for an encroachment permit is complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code.
(3) 
The director of public works shall either approve or deny an application from a state video franchise holder for an encroachment permit within sixty days of receiving a completed application.
(4) 
If the director of public works denies an application for an encroachment permit, he or she shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.
(c) 
Appeal of Decision.
(1) 
Any person aggrieved by the determination by the director of public works shall have the right of immediate appeal to the city council. Such an appeal shall be in writing, and shall be filed with the city clerk within thirty days of the date of mailing notice of the action appealed from.
(2) 
The city clerk shall schedule the appeal hearing before the city council at a regularly scheduled meeting within thirty days of receiving a complete appeal package from the appellant. For purposes of this section, a complete appeal package includes the written request for appeal, a copy of the original application for encroachment, the letter of denial from the director of public works, and any and all supporting evidence which the appellant desires the city council to consider on the appeal.
(3) 
The city clerk shall give the party appealing, and any other person requesting the same, at least seven days' written notice of the time and place of such hearing; this notice provision may be waived by the appellant, and such other persons who have requested such notice.
(4) 
The hearing before the city council in such cases shall not be a formal public hearing.
(5) 
The city council may approve the encroachment permit, deny the encroachment permit, or request that the director of public works review the application again subject to additional recommendations. The city council's decision shall be final and conclusive.
(d) 
Nothing herein shall be construed to change existing law regarding the permitting process or compliance with the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code, for projects by a state video franchise holder.
(e) 
For purposes of this section, an "encroachment permit" means any permit issued by the city relating to construction or operation of facilities pursuant to this chapter.
(Ord. 2048 § 2, 2007)
(a) 
Any entity providing video service under an expired city video franchise on January 1, 2007, shall have the terms of its city video franchise extended on the same terms and conditions until January 2, 2008. The extension of a city video franchise does not preclude the city from further modifications, renewals, extensions or termination of that city video franchise.
(b) 
With respect to any city video franchise to which subsection (a) applies, Chapter 5.40 of the Monterey Park Municipal Code shall continue to govern and supersede Sections 3.80.010 through 3.80.070, inclusive, until such time as the city video franchise expires, or such time as the city video franchise terminates pursuant to state law.
(c) 
With respect to any city video franchise to which subsection (a) applies, the city video franchise holder shall make adequate interconnection available for the existing PEG channel(s) and its/their capacity to any new state video franchise holder within six months from the date the city requests the new state video franchise holder to designate the capacity of the PEG channels in accordance with Public Utilities Code Section 5870. This provision is intended to supplement Public Utilities Code Section 5870 and foster the intent of The Digital Infrastructure and Video Competition Act of 2006 which partially seeks to "continue access to and maintenance of the public, education, and government (PEG) channels". For purposes of implementing this section, the first three months of the six-month period are the same three months provided for pursuant to Public Utilities Code Section 5870.
(Ord. 2048 § 2, 2007)