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.
A.
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).
(Ord. 311 § 2, 2007)
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).
A.
In accord
with Public Utilities Code Section 5860(a), the city manager will
prepare and provide to state franchisees all necessary documentation
supporting the percentage franchise fee paid by the incumbent cable
operator serving the city.
(Ord. 311 § 2, 2007)
Any notice a state franchisee is required to deliver to the
city by Public Utilities Code Section 5840(m) must be delivered to
the city manager.
(Ord. 311 § 2, 2007)
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.
(Ord. 311 § 2, 2007)
A.
All
state franchisees must comply with all applicable state and federal
laws and regulations regarding customer service and customer protection.
B.
The
city manager may review the performance of state franchisees for compliance
with the customer service requirements specified in Public Utilities
Code Section 5900 (the "customer service standards").
C.
If the
city believes a material breach of the customer service standards
has occurred, the city manager must give the state franchisee written
notice of any alleged material breach(es). The state franchisee must
remedy the specified material breach(es) no later than 30 days from
receipt of the notice.
D.
If the
state franchisee fails to remedy the specified material breach(es)
within 30 days, the city manager may impose monetary penalties on
the following schedule:
1.
Up
to $500 for each day of each material breach, not to exceed $1,500
for each occurrence of a material breach;
2.
For
a second material breach of the same nature within 12 months, up to
$1,000 for each day of each material breach, not to exceed $3,000
for each occurrence of the material breach;
3.
For
a third or further material breach of the same nature within 12 months,
up to $1,000 for each day of each material breach, not to exceed $3,000
for each occurrence of the material breach.
E.
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 60 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.
(Ord. 311 § 2, 2007)
The city manager shall ensure PEG transmissions, content, and
programming provided by the city to a state franchisee is in a format
compatible with the state franchisee's system. In the alternative,
the transmissions, content, and programming may be provided in an
industry standard format, in accord with Public Utilities Code Section
5870(g)(1).
(Ord. 311 § 2, 2007)
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.
A.
Within
45 days of receipt of the notice required by Public Utilities Code
Section 5840(n), each city and state franchisee must provide to the
city manager a written statement of the number of its subscribers
within the franchisee's service area in the city.
B.
Within
45 days of receipt of all franchisee subscriber number statements,
the city manager 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 be expressed as a percentage of gross revenue or as an
amount per subscriber, per month, or otherwise (Public Utility Code
Section 5870(1)).
(Ord. 311 § 2, 2007)
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 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. 311 § 2, 2007)
