A.
In accordance
with applicable federal and state law, the city is authorized to grant
one or more nonexclusive franchises to construct, reconstruct, operate,
and maintain cable television systems within the city limits.
B.
The
city council finds that the development of cable television and related
telecommunications services may provide significant benefits for,
and substantial impacts upon, the residents of the city. Because of
the complex and rapidly changing technology associated with cable
television, the city council further finds that the public convenience,
safety, and general welfare can best be served by the exercise of
the city's regulatory powers. This article is intended to specify
the means for providing to the public the best possible cable television
services, and every franchise issued in accordance with this article
is intended to achieve this primary objective. It is the further intent
of this article to adopt regulatory provisions that will enable the
city to regulate cable television services to the maximum extent authorized
by federal and state law.
(Ord. 296 § 1, 2006)
A.
Franchise
Purposes. A franchise granted by the city under the provisions of
this article may authorize the grantee to do the following:
1.
To
engage in the business of providing cable television services that
are authorized by law and that the grantee elects to provide to its
subscribers within the designated franchise service area.
2.
To
erect, install, construct, repair, rebuild, reconstruct, replace,
maintain, and retain, cable lines, related electronic equipment, supporting
structures, appurtenances, and other property in connection with the
operation of the cable system in, on, over, under, upon, along and
across streets and public rights-of-way within the designated franchise
service area.
3.
To
maintain and operate the franchise properties for the origination,
reception, transmission, amplification, and distribution of television
and radio signals, and for the delivery of cable services that are
authorized by law.
B.
Franchise
Required. It is unlawful for any person to construct, install, or
operate a cable television system within any street or public way
in the city without first obtaining a franchise under the provisions
of this article.
C.
Term
of the Franchise.
1.
A
franchise granted under this article will be for the term specified
in the franchise agreement, commencing upon the effective date of
the ordinance codified in this chapter adopted by the city council
that authorizes the franchise.
2.
A
franchise granted under this article may be renewed upon application
by the grantee in accordance with the then-applicable provisions of
state and federal law and this article.
D.
Franchise
Service Area. A franchise is effective within the territorial limits
of the city, and within any area added to the city during the term
of the franchise, unless otherwise specified in the ordinance granting
the franchise or in the franchise agreement.
E.
Federal
or State Jurisdiction. This article will be construed in a manner
consistent with all applicable federal and state laws, and it applies
to all franchises granted or renewed after the effective date of this
chapter, to the extent authorized by applicable law.
F.
Franchise
Nontransferable.
1.
Grantee
may not sell, transfer, lease, assign, sublet, or dispose of, in whole
or in part, either by forced or involuntary sale, or by ordinary sale,
contract, consolidation, or otherwise, the franchise or any of the
rights or privileges therein granted, without the prior written consent
of the city council, which consent may not be unreasonably denied
or delayed. Any attempt to sell, transfer, lease, assign, or otherwise
dispose of the franchise without the written consent of the city council
is null and void. The granting of a security interest in any assets
of the grantee, or any mortgage or other hypothecation, will not be
deemed a transfer for the purposes of this subsection.
2.
The
requirements of subsection (F)(1) of this section apply to any change
in control of grantee. The word "control" as used herein is not limited
to the ownership of major stockholder or partnership interests, but
includes actual working control in whatever manner exercised. If grantee
is a partnership or a corporation, prior authorization of the city
council is required where ownership or control of 25% or more of the
partnership interests or of the voting stock of grantee, or any company
in the tier of companies controlling the grantee, whether directly
or indirectly, is acquired by a person or a group of persons acting
in concert, none of whom, singularly or collectively, owns or controls
those partnership interests or that voting stock of the grantee, or
of grantee's upper tier of controlling companies, as of the effective
date of the franchise.
3.
Unless
precluded by federal law, grantee must give prior written notice to
the city of any proposed foreclosure or judicial sale of all or a
substantial part of the grantee's franchise property. That notification
will be considered by the city as notice that a change in control
of ownership of the franchise will take place, and the provisions
of this subsection that require the prior written consent of the city
council to that change in control of ownership will apply.
4.
For
the purpose of determining whether it will consent to an acquisition,
transfer, or change in control, the city may inquire about the qualifications
of the prospective transferee or controlling party, and grantee must
assist the city in that inquiry. In seeking the city's consent to
any change of ownership or control, grantee or the proposed transferee,
or both, must complete Federal Communications Commission Form 394
or its equivalent. This application must be submitted to the city
not less than 120 days prior to the proposed date of transfer. The
transferee must establish that it possesses the legal, financial,
and technical capability to remedy all then-existing defaults and
deficiencies, and, during the remaining term of the franchise, to
operate and maintain the cable system and to comply with all franchise
requirements. If the legal, financial, and technical qualifications
of the proposed transferee are determined to be satisfactory, then
the city will consent to the transfer of the franchise.
5.
Any
financial institution holding a pledge of the grantee's assets to
secure the advance of money for the construction or operation of the
franchise property has the right to notify the city that it, or a
designee satisfactory to the city, will take control of and operate
the cable television system upon grantee's default in its financial
obligations. Further, that financial institution must also submit
a plan for such operation within 90 days after assuming control. The
plan must ensure continued service and compliance with all franchise
requirements during the period that the financial institution will
exercise control over the system. The financial institution may not
exercise control over the system for a period exceeding one year unless
authorized by the city, in its sole discretion, and during that period
of time it will have the right to petition the city to transfer the
franchise to another grantee.
6.
Unless
prohibited by applicable law, grantee must reimburse the city for
the city's reasonable review and processing expenses incurred in connection
with any transfer or change in control of the franchise. These expenses
may include, without limitation, costs of administrative review, financial,
legal, and technical evaluation of the proposed transferee, consultants
(including technical and legal experts and all costs incurred by these
experts), notice and publication costs, and document preparation expenses.
The total amount of these reimbursable expenses may be subject to
maximum limits that are specified in the franchise agreement between
the city and the grantee. No reimbursement may be offset against any
franchise fee payable to the city during the term of the franchise.
G.
Geographical
Coverage.
1.
Unless
otherwise provided in the franchise agreement, grantee must design,
construct, and maintain the cable television system to have the capability
to pass every dwelling unit and commercial building in the franchise
service area, subject to any service-area line extension requirements
or territorial restrictions set forth in the franchise agreement.
2.
After
service has been established by activating trunk or distribution cables
for any service area, grantee must provide standard installations
to any requesting subscriber within that activated part of the service
area within seven days from the date of request, or such longer time
as may be requested by the subscriber, provided that the grantee is
able to secure on reasonable terms and conditions all rights-of-way
and permits necessary to extend service to that subscriber within
that period. Standard installations are defined as installations that
are located up to 125 feet from the existing distribution system and
do not require trenching to serve.
H.
Nonexclusive
Franchise. Every franchise granted is nonexclusive. The city specifically
reserves the right to grant, at any time, such additional franchises
for a cable television system as it deems appropriate, subject to
applicable state and federal law. If an additional franchise is proposed
to be granted to a subsequent grantee, a noticed public hearing must
first be held if required under the provisions of Government Code
Section 53066.3.
I.
Multiple
Franchises.
1.
The
city may grant any number of franchises, subject to applicable state
and federal law. The city may limit the number of franchises granted,
based upon, but not necessarily limited to, the requirements of applicable
law and the following specific local considerations:
a.
The capacity of the public rights-of-way to accommodate multiple
cables in addition to the cables, conduits, and pipes of the existing
utility systems, such as electrical power, telephone, gas and sewerage;
b.
The benefits that may accrue to subscribers as a result of cable
system competition, such as lower rates and improved service;
c.
The disadvantages that may result from cable system competition,
such as the requirement for multiple pedestals on residents' property,
and the disruption arising from numerous excavations within the public
rights-of-way.
2.
The
city may require that any new grantee be responsible for its own underground
trenching and the associated costs if, in the city's opinion, the
rights-of-way in any particular area cannot reasonably accommodate
additional cables.
(Ord. 296 § 1, 2006)
A.
Filing
of Applications. Any person desiring an initial franchise for a cable
television system must file an application with the city. An application
fee deposit of $7,500 or in an amount established by resolution of
the city council must accompany the application. That application
fee deposit will cover all reasonably anticipated costs associated
with reviewing and processing the application, including without limitation
costs of administrative review, financial, legal, and technical evaluation
of the applicant, consultants (including technical and legal experts
and all costs reasonably incurred by those experts), notice and publication
requirements, and document preparation expenses. If actual costs exceed
the application fee deposit, the applicant must pay the difference
to the city within 30 days following receipt of an itemized statement
of those costs. If actual costs are less than the application fee
deposit, the remaining balance will be refunded to the applicant.
B.
Applications—Contents.
An application for an initial franchise for a cable television system
must contain, as applicable:
1.
A
statement describing the proposed franchise service area and an explanation
whether this proposed service area is, or will be, a part of a larger
regional cluster of franchise service areas.
2.
A
resume of the applicant's prior history, including the applicant's
experience and expertise in the cable television industry.
3.
A
list of the partners, general and limited, of the applicant, if a
partnership, or the percentage of stock owned or controlled by each
stockholder, if a closely held corporation. If the applicant is a
publicly owned partnership or corporation, each owner of 10% or more
of the partnership interests, or of the issued and outstanding capital
stock, must be identified. If the applicant is a limited liability
company, the following information must be provided: the address of
its principal executive office; the name and business or residence
address of each member and of each holder of an economic interest
in the limited liability company, together with the contribution and
share in profits or losses of each member and holder of an economic
interest; the name and business or residence address of any manager
or managers and the chief executive officer, if any, appointed or
elected in accordance with the articles of organization or operating
agreement.
4.
A
list of officers, directors, and managing employees of the applicant,
together with a description of the background and qualifications of
each such person.
5.
A
statement concerning the number of people employed by the applicant,
whether on a full-time or part-time basis.
6.
The
names and addresses of any parent or subsidiary of the applicant,
or any other business entity owning or controlling applicant in whole
or in part, or that is owned or controlled in whole or in part by
the applicant.
7.
Financial
statements prepared in accordance with generally accepted accounting
principles that demonstrate the applicant's financial ability to:
a.
Construct, operate, maintain, and remove any new physical plant that
is proposed to be constructed in the city;
b.
Comply with the city's public, educational, and governmental access
requirements;
c.
Comply with the city's requirement that franchise fees be paid on
the applicant's gross revenues derived from the operation of the cable
system to provide cable services.
8.
An
accurate map showing the location of any existing telecommunications
facilities in the city that the applicant intends to use, to purchase,
or to lease.
9.
A
description of the cable services and any other services that will
be offered by the applicant using existing or proposed facilities.
10.
The proposed construction and service schedule, the proposed rate
structure for cable services, and the proposed commitment to provide
public, educational, and governmental access capacity, services, facilities
and equipment.
11.
Any additional information that the city deems to be reasonably necessary
to evaluate the applicant's qualifications.
C.
Consideration
of Initial Applications.
1.
Upon
receipt of an application for an initial franchise, the city manager
or the city manager's designee must prepare a report and make recommendations
to the city council concerning that application.
2.
A
public hearing will be noticed prior to any initial franchise grant,
at a time and date approved by the city council. Within 30 days after
the close of the hearing, the city council will make a decision, based
upon the documents and testimony received at the hearing, whether
the franchise should be granted, and, if granted, subject to what
conditions. The city council may grant one or more franchises, or
may decline to grant any franchise.
D.
Franchise
Renewal. Franchise renewals will be processed in accordance with then-applicable
law. The city and grantee, by mutual consent, may enter into renewal
negotiations at any time during the term of the franchise. The city
council may authorize the renewal of a cable television franchise
agreement by resolution.
E.
Suspension
and Waiver of Application Fee Deposits.
1.
With
regard to any application fee deposit for an initial franchise, or
for the renewal of a franchise, or for the transfer or change in control
of a franchise that is authorized by this chapter, the city manager
may suspend that application fee deposit in accordance with this section.
2.
The
city manager, in consultation with the city attorney, will review
all written information submitted by the applicant or franchisee in
support of its contention that applicable law prohibits imposition
of the application fee deposit provided for by this chapter. If a
determination is made that applicable law supports the contention
of the applicant or franchisee, then the city manager may suspend
the imposition of the application fee deposit; provided, however,
that such suspension must be ratified by the city council within 30
days after the city manager's determination, and, if ratified, the
application fee deposit will be deemed to have been waived.
(Ord. 296 § 1, 2006)
A.
The
provisions of a franchise agreement for the operation of a cable television
system may relate to or include, without limitation, the following
subject matters:
1.
The
geographical area, duration, and nonexclusive nature of the franchise;
2.
The
applicable franchise fee to be paid to the city, including the percentage
amount, the method of computation, and the time for payment;
3.
Requirements
relating to compliance with and implementation of state and federal
laws and regulations pertaining to the operation of the cable television
system;
4.
Requirements
relating to the construction, upgrade, or rebuild of the cable television
system, as well as the provision of special services, such as outlets
for public buildings, emergency alert capability, and parental control
devices;
5.
Requirements
relating to the maintenance of a performance bond, a security fund,
a letter of credit, or similar assurances to secure the performance
of the grantee's obligations under the franchise agreement;
6.
Requirements
relating to comprehensive liability insurance, workers' compensation
insurance, and indemnification;
7.
Requirements relating to consumer protection and customer service standards, which requirements may include, without limitation, compliance with Section 5.30.080 of this chapter, and the statutes, rules, and regulations referenced in that section;
8.
Requirements
relating to the grantee's support of local cable usage, including
the provision of public, educational, and governmental access channels,
the coverage of public meetings and special events, and financial
support for the required access channels;
9.
Requirements
relating to the grantee's obligation to provide an institutional network,
and channel capacity on that institutional network for educational
or governmental use, subject to the city's rules and procedures for
the use of such channel capacity and for compatibility with any telecommunications
network that has been or may be developed by the city;
10.
Requirements relating to construction, operation, and maintenance
of the cable television system within the city's streets and public
rights-of-way, including compliance with all applicable building codes
and permit requirements of the city, the abandonment, removal, or
relocation of facilities, and compliance with FCC technical standards;
11.
Requirements relating to recordkeeping, accounting procedures, reporting,
periodic audits, and performance reviews, the inspection of grantee's
books and records, and reimbursement for technical audits and franchise
fee audits under specified circumstances;
12.
Acts or omissions constituting material breaches of or defaults under
the franchise agreement, and the applicable penalties or remedies
for such breaches or defaults, including fines, penalties, liquidated
damages, suspension, revocation, and termination;
13.
Requirements relating to the sale, assignment, or other transfer
or change in control of the franchise;
14.
The grantee's obligation to maintain continuity of service and to
authorize, under certain specified circumstances, the city's operation
and management of the cable system;
15.
Such additional requirements, conditions, policies, and procedures
as may be mutually agreed upon by the parties to the franchise agreement
and that will, in the judgment of city staff and the city council,
best serve the public interest and protect the public health, welfare,
and safety.
B.
If there
is any conflict or inconsistency between the provisions of a franchise
agreement authorized by the city council and provisions of this chapter,
the provisions of the franchise agreement will control.
(Ord. 296 § 1, 2006)
A.
Operational
Standards.
1.
Grantee
must maintain the necessary facilities, equipment, and personnel to
comply with the following consumer protection and service standards
under normal operating conditions:
a.
Sufficient toll-free telephone line capacity during normal business
hours to ensure that telephone calls are answered promptly. Telephone
answer time by a customer service representative, including wait time,
may not exceed 30 seconds when the connection is made. If the call
needs to be transferred, transfer time must not exceed 30 seconds.
b.
Callers may not receive a busy signal more than three percent of
the time, measured quarterly.
c.
Emergency toll-free telephone line capacity on a 24 hour basis, including
weekends and holidays. After normal business hours, the telephone
calls may be answered by a service or an automated response system,
including an answering machine. Calls received after normal business
hours must be responded to by a trained company representative on
the next business day.
d.
A conveniently located local business and service or payment office
open during normal business hours at least eight hours daily on weekdays,
and at least four hours weekly on evenings or weekends, and adequately
staffed with trained customer service representatives to accept subscriber
payments and to respond to service requests, inquiries, and complaints.
e.
An emergency system maintenance and repair staff, capable of responding
to and repairing major system malfunctions on a 24 hour per day basis.
f.
A trained installation staff must provide service to any subscriber
requiring a standard installation within seven days after receipt
of a request, or such longer time as may be requested by the subscriber,
in all areas where trunk and feeder cable have been activated.
g.
The grantee must schedule, within a specified four-hour time period
Monday through Saturday (legal holidays excluded), all appointments
with subscribers for installation of service, service calls, and other
activities at the subscriber's location. The grantee may schedule
installation and service calls outside of normal business hours for
the convenience of the subscriber. The grantee may not cancel an appointment
with a subscriber after the close of business on the business day
prior to the scheduled appointment. If a grantee representative is
delayed in keeping an appointment with a subscriber and will not be
able to honor the scheduled appointment, the subscriber must be contacted
prior to the time of the scheduled appointment, and the appointment
must be rescheduled, as necessary, at a time that is convenient for
the subscriber. The grantee must undertake appropriate quality control
measures to ensure that the customer is satisfied with the work.
h.
Subscribers who have experienced a late or a missed appointment due
to the fault of the grantee will receive either a free installation
or a twenty dollar ($20.00) credit.
i.
Upon a subscriber's request, the grantee will arrange for pickup
or replacement of converters or other equipment provided by the grantee
at the subscriber's address within 14 days after the request is made
if the subscriber is mobility-limited.
2.
Under
normal operating conditions, the standards of subsections (A)(1)(a),
(b), (c), (f) and (g) of this section must be met not less than 90%
of the time, measured on a quarterly basis.
B.
Service
Standards.
1.
The
grantee will render efficient service, make repairs promptly, and
interrupt service only for good cause and for the shortest time possible.
Except in emergency situations, scheduled interruptions will occur
during a period of minimum use of the cable system, preferably between
midnight and six a.m. Unless the scheduled interruption lasts for
no more than two hours and occurs between midnight and six a.m. (in
which event 24 hours prior notice must be given to the city), 48 hours
prior notice must be given to subscribers.
2.
The
grantee will maintain a repair force of technicians who will respond
to subscriber requests for service within the following time frames:
a.
For a system outage: within two hours, including weekends, after
receiving subscriber calls or requests for service that by number
identify a system outage of sound or picture on one or more channels,
affecting five or more subscribers to the system.
b.
For an isolated outage: within 24 hours, including weekends, after
receiving requests for service identifying an isolated outage of sound
or picture on one or more channels.
c.
For inferior signal quality: no later than the following business
day, excluding Sundays and holi-days, after a request for service
identifying a problem concerning picture or sound quality.
3.
The grantee will be deemed to have responded to a request for service under the provisions of subsection B of this section when a technician arrives at the service location and begins work on a problem that cannot be corrected from a remote location. If a subscriber is not home when the technician arrives, the technician must leave written notification of arrival.
4.
The
grantee may not charge for the repair or replacement of defective
or malfunctioning equipment provided by the grantee to subscribers,
unless the defect or malfunction was caused by the subscriber.
5.
The
grantee must determine the nature of the problem within 24 hours after
commencing work and resolve all cable system related problems within
three business days, unless technically infeasible.
C.
Billing
and Information Standards.
1.
Subscriber
bills must be clear, concise, and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and
premium service charges and equipment charges. Bills also must clearly
delineate all activity during the billing period, including optional
charges, rebates, and credits.
2.
The
first billing to a subscriber after a new installation or service
change must be prorated based upon when the new or changed service
commenced. Subscribers must not be charged a late fee or otherwise
penalized for any failure attributable to the grantee, including the
failure to timely or correctly bill the subscriber.
3.
In
case of a billing dispute, the grantee must respond in writing to
a written complaint from a subscriber within 30 days after receiving
the complaint at the office specified on the billing statement for
receiving that complaint.
4.
Upon
request by a subscriber, credits or refunds must be provided by grantee
to subscribers who experience an outage, interruption, or disconnection
of service of four or more consecutive hours, provided that such loss
of service is neither caused by the subscriber nor attributable to
scheduled repairs, maintenance, or construction in circumstances where
grantee has provided advance written notice to subscriber, and the
loss of service does not exceed the time period specified by grantee.
For subscribers terminating service, credits or refunds must be issued
promptly, but no later than 30 days after the return of any grantee-supplied
equipment.
5.
The
grantee must provide written information on each of the following
matters at the time of the installation of service, at least annually
to all subscribers, and at any time upon request:
a.
Products and services offered;
b.
Prices and options for programming services and conditions of subscription
to programming and other services;
c.
Installation and service maintenance policies;
d.
Instructions on the use of the cable service;
e.
Channel positions of programming carried on the system;
f.
Billing and complaint procedures, including the address and telephone
number of the city's office designated for dealing with cable-related
issues;
g.
Consumer protection and service standards and penalties for noncompliance.
6.
Subscribers
must be notified in writing of any changes in rates, programming services,
or channel positions as soon as possible. Notice must be given to
subscribers a minimum of 30 days in advance of those changes if the
change is within the control of the grantee. In addition, grantee
will endeavor to notify grantor of those changes at least five working
days before subscribers are notified.
7.
The
grantee must maintain a public file containing all written notices
provided to subscribers under these consumer protection and service
standards and all published promotional offers made by grantee to
subscribers. These documents must be maintained for a minimum period
of two years.
D.
Verification
of Compliance with Standards.
1.
Upon
30 days prior written notice, the city may require the grantee to
provide a written report demonstrating its compliance with any of
the consumer service standards specified in this section. The grantee
must provide sufficient documentation to enable the city to verify
compliance.
2.
A
repeated and verifiable pattern of noncompliance with the consumer
protection and service standards of this section, after the grantee's
receipt of written notice and an opportunity to cure, may be deemed
a material breach of the franchise agreement.
E.
Subscriber
Complaints and Disputes.
1.
The
grantee must establish written procedures for receiving, acting upon,
and resolving subscriber complaints without intervention by the city.
The written procedures must prescribe the manner in which a subscriber
may submit a complaint, either orally or in writing, specifying the
subscriber's grounds for dissatisfaction. The grantee must file a
copy of these procedures with the city. These procedures must include
a requirement consistent with subsection (C)(3) of this section.
2.
Upon
request, and subject to applicable law protecting subscriber privacy
rights, the city has the right to review the grantee's response to
subscriber complaints.
3.
All
subscribers have the right to continue receiving service so long as
their financial and other obligations to the grantee are honored.
If the grantee elects to rebuild, modify, or sell the system, or if
the city gives notice of intent to terminate or not to renew the franchise,
the grantee must act to ensure that all subscribers receive service
while the franchise remains in force.
4.
Upon
a change of control of the grantee, or if a new operator acquires
the cable system, the original grantee must cooperate with the city,
the new grantee, or the new operator in maintaining continuity of
service to all subscribers. During that transition period, the grantee
is entitled to the revenues derived from its operation of the cable
system.
F.
Disconnection
and Downgrades.
1.
A
subscriber may terminate or downgrade service at any time, and the
grantee must promptly comply with the subscriber's request within
seven days or at any later time requested by the subscriber. No period
of notice prior to voluntary termination or downgrade of service may
be required of subscribers. Grantee will impose no charges for the
voluntary termination of all services unless a visit to the subscriber's
premises is required to remove a converter box or other equipment
or property owned by grantee. Grantee may, in accordance with applicable
law, charge a fee to downgrade service if a service call is required.
2.
The
grantee may disconnect a subscriber's service in compliance with paragraphs
(i), (j), and (k) of Section 53088.2 of the California Government
Code. If service is disconnected for nonpayment of past due fees or
charges, the grantee must promptly reinstate service upon payment
in full by the subscriber of all such fees and charges, including
late charges.
3.
Notwithstanding
the requirements of subsection (F)(2) of this section, the grantee
may immediately disconnect service to a subscriber if the subscriber
is damaging or destroying the grantee's cable system or equipment.
4.
The
grantee may also disconnect service to a subscriber when service causes
signal leakage exceeding federal limits. If service is disconnected,
the grantee will immediately resume service without charge upon the
satisfactory correction of the signal leakage problem if the signal
leakage problem is attributable to the grantee.
5.
The
grantee may also disconnect service in cases where customers are stealing
service or have threatened grantee's personnel with physical violence.
6.
Upon
termination of service to a subscriber, the grantee will endeavor
to remove its equipment from the subscriber's premises within 30 days.
G.
Negative
Option Billing Prohibited. No charge may be imposed for any service
or equipment that the subscriber has not affirmatively selected. Payment
of the regular monthly bill will not by itself constitute an affirmative
selection.
H.
Deposits.
Grantee may require a reasonable, nondiscriminatory deposit on equipment
provided to subscribers. Such deposits must be placed in an interest-bearing
account. The deposit must be returned, with interest earned to the
date of repayment, within 30 days after the equipment is returned
to the grantee.
I.
Parental
Control Option. Grantee must provide parental control devices at no
charge to all subscribers who desire to block the video or audio portion
of any pay channels providing adult programming that the subscriber
finds objectionable. For other programming, such devices will be provided
at a reasonable charge to the subscriber.
J.
Additional
Requirements.
1.
All
officers, agents, and employees of the grantee, or of its contractors
or subcontractors, who, in the normal course of work come into contact
with members of the public, or who require entry onto subscribers'
premises, must display a photo-identification card. The grantee must
account for all identification cards at all times. All vehicles of
the grantee or its subcontractors must be clearly identified as vehicles
engaged in providing services for the grantee.
2.
In
addition to the consumer protection and service standards specified
in this section, the franchise agreement with a grantee may require
compliance with the following:
a.
Federal statutes, and the rules, regulations, and orders of the Federal
Communications Commission, including the following:
i.
The provisions of Section 76.630 of Title 47 of the Code of Federal
Regulations, as it now exists or may later be amended, which relate
to compatibility with consumer electronics equipment.
ii.
The provisions of Section 551 of Title 47, United States Code, as
it now exists or may later be amended, which relate to the protection
of subscriber privacy.
b.
The provisions of California Government Code Sections 53054, et seq.,
entitled the "Cable Television and Video Provider Customer Service
and Information Act."
c.
The provisions of California Government Code Sections 53088, et seq.,
entitled the "Video Customer Service Act."
d.
The provisions of California Civil Code Section 1722(b)(1)-(6), which
relate to service or repair transactions between cable television
companies and their subscribers.
e.
The provisions of California Penal Code Section 637.5, which relate
to subscribers' rights to privacy protection.
3.
If
there is any conflict or inconsistency between a consumer protection
and service standard specified in this section, and a standard set
forth in the statutes, rules, regulations, and orders that are referenced
in subsection (J)(2) of this section, then the standard that is specified
in this section will apply to the extent authorized by applicable
law.
K.
Penalties
for Noncompliance.
1.
Purpose. The purpose of this subsection is to authorize monetary penalties for the violation of the customer service standards established by this section in a manner consistent with the Video Customer Service Act (Government Code Sections 53088 et seq.) and pursuant to the city's inherent police powers. The imposition of penalties authorized by subsection K of this section will not prevent the city or any other affected party from exercising any other remedy to the extent permitted by law.
2.
Administration
and Appeals.
a.
The city manager or the city manager's designee is authorized to administer subsection K of this section. Decisions by the city manager to assess monetary penalties against the grantee must be in writing and must contain findings supporting the decisions. Decisions by the city manager are final, unless appealed to the city council.
b.
If the grantee or any interested person is aggrieved by a decision
of the city manager, the aggrieved party may, within 10 days of the
written decision, appeal that decision in writing to the city council.
The appeal letter must be accompanied by the fee established by the
city council for processing the appeal. The city council may affirm,
modify, or reverse the decision of the city manager.
c.
Schedule of Penalties. The following schedule of monetary penalties
may be assessed against the grantee for the material breach of the
provisions of the customer service standards set forth in this section,
provided that the breach is within the reasonable control of the grantee:
i.
For a first material breach: the maximum penalty is $200 for each
day of material breach, but not to exceed a cumulative total of $600
for each occurrence of the material breach.
ii.
For a second material breach of the same nature within a 12 month
period for which the city has provided notice and a penalty has been
assessed, the maximum penalty is $400 for each day of the material
breach, but not to exceed a cumulative total of $1,200 for each occurrence
of the material breach.
iii.
For a third or further material breach of the same nature within
a 12 month period for which the city has provided notice and a penalty
has been assessed, the maximum penalty is $1,000 for each day of the
material breach, but not to exceed a cumulative total of $3,000 for
each occurrence of the material breach.
iv.
The maximum penalties referenced above may be increased by any additional
amount authorized by state law.
d.
Judicial Remedy. This subsection does not preclude any affected party from pursuing any judicial remedy available to that party without regard to subsection K of this section.
e.
Notification of Breach. The city must give the grantee written notice
of any alleged breach of the consumer service standards and allow
the grantee at least 30 days, or such longer time as may be reasonably
necessary to cure, from receipt of the notice to remedy the specified
breach. For the purpose of assessing penalties, a material breach
is deemed to have occurred for each day, following the expiration
of the period for cure specified herein, that any breach has not been
remedied by the grantee, irrespective of the number of subscribers
affected.
f.
Limitations. With respect to any grantee that operates under a franchise or license agreement with the city, any monetary penalties assessed under subsection K of this section must be reduced dollar for dollar to the extent that any liquidated damage or penalty provision of the franchise or license agreement imposes a monetary obligation on the grantee for the same customer service failure, and no other monetary damages may be assessed for that customer service failure.
(Ord. 296 § 1, 2006)
