This chapter shall be known as the Video Franchise Regulations
Ordinance. Under state law effective January 1, 2007, the California
Public Utilities Commission ("PUC") will have the authority to grant
state video franchises ("state franchises"). The City of Encinitas
(the "City") will acquire certain rights and responsibilities with
respect to state video franchise holders. These include the receipt
of a franchise fee and a fee for public, educational and governmental
("PEG") purposes, both based on a percentage of the gross revenues
of state franchise holders, as well as the establishment and enforcement
of penalties for violations of customer service rules.
(Ord. 2007-07)
A.
Any
state video franchise holder ("state franchisee") operating within
the boundaries of the City of Encinitas shall pay a fee to the City
equal to five percent of the gross revenue of the state franchisee.
B.
Any
state franchisee operating within the boundaries of the City of Encinitas
shall pay an additional fee to the City equal to two percent of the
gross revenue of the state franchisee, which fee shall be used by
the City for PEG purposes consistent with state and federal law.
C.
Gross revenue, for the purposes of subsections A and B of this section, shall have the definition set forth in California Public Utilities Code Section 5860.
(Ord. 2007-07)
Not more than once annually, the City may examine and perform an audit of the business records of a state franchisee to ensure compliance with Section 9.75.020.
(Ord. 2007-07)
A.
The
holder of a state 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 his/her designee, shall monitor the compliance of
state franchisee(s) with respect to state and federal customer service
and protection standards. The City Manager, or his/her designee, shall
provide the state franchisee(s) written notice of any material breaches
of applicable customer service standards, and shall allow the state
franchisee(s) 30 days from the receipt of the notice to remedy the
specified material breach. Material breaches not remedied within the
30-day time period shall be subject to the following penalties by
the City Manager, or his/her designee:
1.
For
the first occurrence of a violation, a fine of $500.00 shall 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
$1,000.00 shall be imposed for each day the violation remains in effect,
not to exceed $3,000.00 for each violation.
C.
A state franchisee may appeal a penalty assessed to the City Council pursuant to Chapter 1.12. After relevant speakers are heard, and any necessary staff reports are submitted, the City Council will vote to either uphold or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final.
(Ord. 2007-07; Ord. 2022-06)
A.
Applicants
for state franchises within the boundaries of the City of Encinitas
must concurrently provide complete copies to the City of any application
or amendments to applications filed with the PUC. One complete copy
must be provided to the City Manager, and one complete copy to the
Finance Department Franchise Administrator.
B.
The
City Manager may provide any appropriate comments to the PUC regarding
the application or an amendment to an application for a state franchise.
