The term "cable system," as defined in federal law and as set
forth in Part 5 below, does not include a facility that serves subscribers
without using any public rights-of-way. Consequently, the categories
of multichannel video programming distributors identified below are
not deemed to be "cable systems" and are therefore exempt under federal
law from the city's franchise requirements and from certain other
local regulatory provisions authorized by federal law, provided that
their distribution or transmission facilities do not involve the use
of the city's public rights-of-way.
a. "Multichannel
multipoint distribution service" ("MMDS"), also known as "wireless
cable," which typically involves the transmission by an FCC-licensed
operator of numerous broadcast stations from a central location using
line-of-sight technology.
b. "Local
multipoint distribution service" ("LMDS"), another form of over-the-air
wireless video service for which licenses are auctioned by the FCC,
and which offers video programming, telephony, and data networking
services.
c. "Direct
broadcast satellite" ("DBS"), also referred to as "direct-to-home
satellite services," which involves the distribution or broadcasting
of programming or services by satellite directly to the subscriber's
premises without the use of ground receiving or distribution equipment,
except at the subscriber's premises or in the uplink process to the
satellite. Local regulation of direct-to-home satellite services is
further proscribed by the following federal statutory provisions:
1. 47
U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction
to regulate the provision of direct-to-home satellite services.
2. Section
602 of the Communications Act states that a provider of direct-to-home
satellite service is exempt from the collection or remittance, or
both, of any tax or fee imposed by any local taxing jurisdiction on
direct-to-home satellite service. The terms "tax" and "fee" are defined
by federal statute to mean any local sales tax, local use tax, local
intangible tax, local income tax, business license tax, utility tax,
privilege tax, gross receipts tax, excise tax, franchise fees, local
telecommunications tax, or any other tax, license, or fee that is
imposed for the privilege of doing business, regulating, or raising
revenue for a local taxing jurisdiction.
(Prior code § 61030; Ord. 98-519 § 1, 1998)
a. Unless
the customer protection and customer service obligations of a video
provider, as that term is defined in Part 5, are specified in a franchise,
license, lease, or similar written agreement with the city, a video
provider must comply with all applicable provisions of the following
state statutes:
1. The
Cable Television and Video Customer Service and Information Act (Government
Code §§ 53054 et seq.).
b. All
video providers that are operating in the city on the effective date
of this chapter, or that intend to operate in the city after the effective
date of this chapter, must register with the city and, unless exempt
under federal or state law, pay the applicable business license tax
imposed by the city. The registration form must include or be accompanied
by the following:
1. The
video provider's name, address, and local telephone numbers, including
a twenty-four-hour telephone number for emergency service.
2. The
names of the officers, the general manager, and principal technical
staff members of the video provider.
3. A
copy of the video provider's written policies and procedures relating
to customer service standards and the handling of customer complaints,
as required by
Government Code §§ 53054
et
seq. These customer service standards must include, without
limitation, standards regarding the following:
A. Installation, disconnection, service and repair obligations, employee
identification, and service call response time and scheduling.
B. Customer telephone and office hours.
C. Procedures for billing, charges, refunds, and credits.
D. Procedures for termination of service.
E. Notice of the deletion of a programming service, the changing of
channel assignments, or an increase in rates.
F. Complaint procedures and procedures for bill dispute resolution.
G. The video provider's written commitment to distribute annually to
the city, and to its employees and customers, a notice describing
the customer service standards specified above in subdivisions (A)
through (F). This annual notice must include the report of the video
provider on its performance in meeting its customer service standards,
as required by
Government Code § 53055.2.
4. Unless
a video provider is exempt under federal law from its payment, a registration
fee in an amount established by resolution of the City Council to
cover the reasonable costs incurred by the city in reviewing and processing
the registration form.
5. In addition to the registration fee specified above in subsection
(4), the written commitment of the video provider to pay to the city, when due, all costs and expenses reasonably incurred by the city in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by
Government Code § 53088.2(o).
c. The
City Council may establish by ordinance a schedule of monetary penalties
for the material breach by a video provider of its obligations under
subparagraphs (a) through (n) of
Government Code § 53088.2.
As used herein, the term "material breach" means any substantial and
repeated failure to comply with the consumer service standards set
forth in
Government Code § 53088.2. The provisions of that
ordinance must be consistent with the provisions of
Government Code
§ 53088.2. The schedule of monetary penalties may also impose
a penalty, as authorized by
Government Code § 53056(a),
for the failure of a video provider to distribute the annual notice
required by
Government Code § 53055.1, which penalty may
not exceed $500.00 for each year in which the notice is not distributed
as required by state statute.
(Prior code § 61031; Ord. 98-519 § 1, 1998)
The siting and construction of antennas used in providing telecommunications services in the public right-of-way are subject to the provisions of this Chapter
11.40 and the siting and construction of antennas used in providing telecommunications services on all other property are subject to the provisions in Title
19 of this code (the Zoning Ordinance).
(Prior code § 61032; Ord. 98-519 § 1, 1998; Ord. 18-1053 § 1, 2019)
a. PEG Fee Established. In accord with
Public Utilities Code
Section 5870(n), any grantee of a franchise, or state franchisee,
must pay to the city a fee for the support of PEG channel facilities.
1. The
amount of the PEG fee established by this section is one percent of
gross revenues, as defined in this code, the applicable City-issued
franchise, or
Public Utilities Code Section 5860(d).
b. Franchise Fee Established. For any state franchisee, the
amount of the franchise fee imposed by
Public Utilities Code Section
5840(q) shall be five percent of gross revenues, as defined in Public
Utilities Code Section 5860(d).
c. Notices from State Franchisees. Any notice a state franchisee
is required to deliver to the city by
Public Utilities Code Section
5840(m) must be delivered to the cable franchise administrator.
d. Nothing
in this chapter is intended to limit or restrict in any way the imposition
of any existing or future generally applicable, nondiscriminatory,
competitively neutral tax, fee, or charge to a state franchisee, city
franchisee or the services the franchisees provide.
e. Customer Service Provisions for State Franchisees.
1. All
state franchisees must comply with all applicable state and federal
laws and local regulations regarding customer service and customer
protection.
2. The
Cable Franchise Administrator may review the performance of state
franchisees for compliance with the customer service requirements
specified in
Public Utilities Code Section 5900 ("Customer Service
Standards").
3. If
the city believes a material breach of the customer service standards
has occurred, the Cable Franchise Administrator shall give the state
franchisee written notice of any alleged material breach(es). The
state franchise shall remedy the specified material breach(es) no
later than thirty days from receipt of the notice.
4. If
the state franchisee fails to remedy the specified material breach(es)
within thirty days, the Cable Franchise Administrator may impose monetary
penalties on the following schedule:
A. Up to $500 for each day of each material breach, not to exceed $1,500
for each occurrence of a material breach.
B. For a second material breach of the same nature within twelve months,
up to $1,000 for each day of each material breach, not to exceed $3,000
for each occurrence of the material breach.
C. For a third or further material breach of the same nature within
twelve months, up to two thousand five hundred ($2,500.00) for each
day of each material breach, not to exceed seven thousand five hundred
($7,500.00) for each occurrence of the material breach.
5. Any
monetary penalty imposed under this section may be appealed by the
state franchisee to the City Council. Appeals must be received in
writing by the City Clerk within sixty days of imposition of the penalty.
The state franchisee may present any relevant written or oral evidence
of its choice. The City Council may uphold or reverse, in whole or
in part, the imposition of the monetary penalties.
f. For
the duration of any city-issued franchise, if that franchisee has
existing unsatisfied obligations under the franchise to pay to the
city any cash payments for the ongoing costs of public, educational,
and government access channel facilities or institutional networks,
the fee payable by each city and state franchisee shall be the franchisee's
pro rata per subscriber share of the cash payment required to be paid
by the city franchisee to the city for the costs of PEG channel facilities.
1. Within
forty-five days of receipt of the notice required by Public Utilities
Code Section 5840(n), each city and state franchisee must provide
to the Cable Franchise Administrator a written statement of the number
of its subscribers within the franchisee's service area in the city.
2. Within
forty-five days of receipt all franchisee subscriber number statements,
the Cable Franchise Administrator must calculate the division of the
cash payments among all city and state franchisees, and provide written
notice to each franchisee of the franchisee's share of the cash payment.
This amount may expressed as a percentage of gross revenue or as an
amount per subscriber, per month, or otherwise.
g. Interconnection. To properly serve the city's interest in
PEG programming, each state franchisee and city franchisee must comply
with the PEG system interconnection requirements of Public Utility
Code Section 5870. The City Manager, or his or her designee, may make
any interconnection determinations of the city under Public Utility
Code Section 5870, including requiring interconnection where the city
franchisee and state franchisee fail to reach a mutually acceptable
interconnection agreement.
(Ord. 08-790 § 2, 2008; Ord. 08-791U § 2, 2008)