This chapter is designed to regulate video service providers holding state video franchises and operating within the city pursuant to that franchise. On January 1, 2007, the state of California became the sole authority with power to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA"). Pursuant to DIVCA, the city of San Bruno shall receive a franchise fee and a fee for public, educational and/or government (PEG) purposes from all state video franchise holders operating within the city. Additionally, the city acquired 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. DIVCA leaves unchanged the city's franchise with San Bruno Cable to operate in the city pursuant to Chapter 10.24 of the municipal code.
(Ord. 1757 § 3, 2008; Ord. 1902 § 3, 2021)
A. 
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. Gross revenue, for the purposes of this chapter, shall have the definition set forth in California Public Utilities Code Section 5860.
B. 
Any state video franchise holder operating within the boundaries of the city shall pay a PEG fee to the city or the city's designee for support of public, educational, and/or governmental (PEG) purposes that are consistent with state and federal law. In 2008 the PEG fee shall be one dollar and twenty-five cents per subscriber per month. The PEG fee shall thereafter be adjusted effective January 1st of each year, based upon the prior December's Consumers Price Index, All Urban Consumers (CPI-U, all items) for the San Francisco-Oakland-San Jose area, index base period: 1982-84=100.
(Ord. 1757 § 3, 2008; Ord. 1902 § 3, 2021)
Not more than once annually, the city manager or the manager's designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with Section 10.28.020.
(Ord. 1757 § 3, 2008; Ord. 1902 § 3, 2021)
A. 
The holder of a state video franchise 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 the manager's 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 the manager's designee 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 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:
1. 
For the first occurrence of a violation, a fine of up to five hundred dollars may 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 up to one thousand dollars may 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 up to two thousand five hundred dollars may 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 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. 1757 § 3, 2008; Ord. 1902 § 3, 2021)
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 California Public Utilities Commission (PUC). One complete copy must be provided to the city manager.
B. 
Within thirty 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. 1757 § 3, 2008; Ord. 1902 § 3, 2021)