A. 
The State of California, through the Public Utilities Commission, is the sole authority with power to grant State video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (“Act” or “DIVCA”), effective January 1, 2007, and codified at Public Utilities Code Section 5800 et seq., at the time of enactment of this chapter.
B. 
The purposes of this chapter are to implement DIVCA in the City and to regulate, consistent with DIVCA and the implementing rules issued by the California Public Utilities Commission dated March 1, 2007, video service providers holding State video franchises and operating within the City pursuant to that franchise.
C. 
This chapter shall be applied to and interpreted consistently with any amendments to, or recodifications of, DIVCA that may be made from time to time.
(Ord. 14-09 § 2)
As used in this chapter, the following terms shall have the meanings as designated:
“DIVCA”
means the Digital Infrastructure and Video Competition Act of 2006, Public Utilities Code Section 5800 et seq., as may be amended.
“Encroachment permit”
shall have the same meaning as the term defined in Public Utilities Code Section 5885, as may be amended.
“Gross revenues”
shall have the same meaning as the term is defined in Public Utilities Code Section 5860, as may be amended.
“Material breach”
shall have the same meaning as the term is defined in Public Utilities Code Section 5900, subsection (j), as may be amended.
“PEG”
means public, educational, and government access.
“Person”
means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
“State video franchise holder”
means a person that has been issued a State franchise by the California Public Utilities Commission to provide video service pursuant to DIVCA and that operates within the City.
“Video service”
shall have the same meaning as the term is defined in California Public Utilities Code Section 5830, as may be amended.
“Video service provider”
shall have the same meaning as the term is defined in California Public Utilities Section 5830, as may be amended.
(Ord. 14-09 § 2; Ord. 20-03 § 5)
A. 
Any State video franchise holder operating within the municipal corporate boundaries of the City shall pay a fee to the City equal to five percent of the State video franchise holder’s gross revenues (“franchise fee”).
B. 
The franchise fee shall be remitted quarterly to the City, within 45 days after the end of each calendar quarter. Each payment shall be accompanied by a written summary explaining the basis for the calculation of the franchise fee.
C. 
If the franchise holder does not pay the franchise fee when due, the holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent.
D. 
If the holder has overpaid the franchise fee, it may deduct the overpayment from its next quarterly payment.
(Ord. 14-09 § 2)
A. 
Any State video franchise holder operating within the boundaries of the City shall pay a PEG fee to the City for capital support of PEG services that is consistent with State and Federal law equal to no more than one percent of gross revenues as defined herein.
B. 
Upon the expiration or termination of the current local cable franchise, every State video franchise holder operating within the City shall pay to the City, on a schedule and in a manner to be determined by the City, a PEG capital support fee in an amount equal to one percent of gross revenues per subscriber per month.
(Ord. 14-09 § 2)
A. 
The City’s current franchise with Cox Communications provides for one public, educational and governmental channel for PEG programming.
B. 
Local franchise holders and holders of a State video franchise under DIVCA shall each provide at least one PEG channel.
C. 
All State video franchise holders shall comply with the provisions of DIVCA related to PEG channels. Without limiting the foregoing, the PEG channels shall be carried on the basic service tier. To the extent feasible, the PEG channels shall not be separated numerically from other channels carried on the basic service tier and the channel numbers for the PEG channels shall be the same channel numbers used by the incumbent cable operator as defined in Public Utilities Code Section 5830(i), unless prohibited by Federal law, and shall provide video and sound quality, recording capability, channel accessibility and location equal to, or substantially equal to, that provided by the incumbent cable providers. After the initial designation of PEG channel numbers, the channel numbers shall not be changed without permission by, or an agreement with, the City, unless the change is required by Federal law.
D. 
A State video franchise holder shall have three months from the date the City requests the PEG channels to designate the capacity. However, the three-month period shall be tolled by any period during which the designation or provision of PEG channel capacity is technically infeasible, including any failure or delay by the incumbent cable operator to make adequate interconnection available, as required by DIVCA. Any State video franchise holder which believes that the designation or provision of PEG channel capacity is technically infeasible shall provide to City, in writing, the reasons why providing PEG channel capacity is infeasible, and a plan for correcting, creating or otherwise solving the condition that renders infeasible providing PEG channel capacity. If a reasonable resolution of the issue cannot be reached, the City Council may hold a hearing on the claim of infeasibility and, thereafter, take such action as the City Council deems proper to require the designation and provision of the PEG channels on the State video franchise holder’s system.
(Ord. 14-09 § 2)
Not more than once annually, the City Manager, or designee, may examine and perform an audit of the business records of a holder of a State video franchise operating within the boundaries of the City to ensure compliance with Section 5860 of the Public Utilities Code.
(Ord. 14-09 § 2)
A. 
The holder of a State video franchise shall comply with all applicable State and Federal customer service and protection standards related to providing video service.
B. 
The City Manager, or designee, shall monitor the compliance of State video franchise holders operating within the boundaries of the City 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 service standards, and will allow the State video franchise holder 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties:
1. 
For the first occurrence of a violation, a fine of up to $500.00 may be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.
2. 
For a second violation of the same nature within 12 months, a fine of up to $1,000.00 may be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.
3. 
For a third or further violation of the same nature within 12 months, a fine of up to $2,500.00 may be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation.
C. 
A State video franchise holder may appeal, in writing, a penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. Within 30 days of a written appeal, the City Council, or designee, shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. Any interested person may seek judicial review of the City Council’s decision.
(Ord. 14-09 § 2)
A. 
For the purpose of operating and maintaining a cable television system in the City, a State video franchise holder may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across and along the public rights-of-way and public cables, conductors, ducts, conduits, vaults, manholes, amplifiers, property and equipment as are necessary and appurtenant to the operations of the cable system. The State video franchise holder shall comply with all applicable City construction codes and procedures.
B. 
The City maintains the right to perform any public work or public improvement of any description, including, without limitation, all work authorized by applicable law. In the event that the State video franchise holder’s system interferes with the construction, operation, maintenance or repair of any such public work or improvement, the State video franchise holder, after reasonable notice from the City, shall, at its own cost and expense, promptly protect, alter, or relocate the system, or any part thereof, as directed by the City.
C. 
In the event that the State video franchise holder refuses or neglects to so protect, alter or relocate all or any part of its system, the City shall have the right in connection with the performance of such public work or public improvement to break through, remove, alter, or relocate all or any part of the system without any liability to the State video franchise holder except for the City’s willful misconduct and the State video franchise holder shall promptly pay to the City the costs incurred by such breaking through, removal, alteration, or relocation.
(Ord. 14-09 § 2)
A. 
A State video franchise holder must apply for an encroachment permit from the City before performing any work on public rights-of-way and public cables, conductors, ducts, conduits, vaults, manholes, amplifiers, property and equipment.
B. 
The City shall either approve or deny an application from a State video franchise holder for an encroachment permit within 60 days of receiving a completed application. An application for an encroachment permit is complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act (“CEQA,” Public Resources Code Section 21000 et seq.).
C. 
If the City denies an application for an encroachment permit, the City shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.
D. 
The applicant may appeal the City’s denial of an encroachment permit by remitting a written appeal to the City Council within 30 days of the denial.
E. 
Within 30 days of receipt of the written appeal, the City Council may hold a de novo hearing to determine whether to grant or deny the encroachment permit.
(Ord. 14-09 § 2)
The rights of a State video franchise holder operating within the boundaries of the City are subject to the police power of the City to adopt and enforce general ordinances necessary to the health, safety, and welfare of the public, and each State video franchise holder shall comply with all applicable general laws and ordinances enacted by the City pursuant to such power.
(Ord. 14-09 § 2)
If any area of regulatory authority is or was preempted from local regulation by Federal or State law, and such preemption later ceases, the City reserves the right to resume local regulation to the extent permitted, including the right to enact an ordinance or to enforce this chapter of the Goleta Municipal Code to regulate cable television services within the City, should it be determined by State or Federal law, regulation, or rule that the City may enter into a local franchise with providers of cable television or video services within the City.
(Ord. 14-09 § 2)