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 Ojai shall receive a franchise fee
from all state franchisees. Additionally, each state franchisee must
remit to the City its pro rata share of any cash payments for the
ongoing costs of public, education, and governmental access channel
facilities or institutional networks, as long as there are such payment
obligations imposed by a City issued franchise. Upon the termination
of such payment obligations, the City intends to impose a fee for
public, educational and/or government ("PEG") purposes from all state
video franchise holders operating within the City. DIVCA confirmed
that the City may 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 precludes
the City from adopting its own standards and grants all authority
to adopt customer service standards to the State. DIVCA leaves unchanged
the City's authority to regulate, in accordance with City Ordinance
No. 803, the City's current cable franchise and any City cable franchise
issued on or before January 1, 2008, until the expiration of any such
franchise.
(Ord. 803, § 1, eff. March 10, 2009)
It is the purpose and intent of the Ojai City Council, through
the adoption of this chapter, to establish regulations for video service
providers holding state video franchises and operating within the
City.
(Ord. 803, § 1, eff. March 10, 2009)
(a)
Any
state video franchise holder operating within the boundaries of the
City shall also pay a fee to the City equal to 5% of the gross revenue
of that state video franchise holder.
(b)
Any
state video franchise holder operating within the boundaries of the
City shall pay a fee to the City in the amount of its pro rata share
of any cash payments for the ongoing costs of public, education, and
governmental access channel facilities or institutional networks,
so long as there are such payment obligations imposed by a City issued
franchise, or until January 1, 2009, whichever is later.
(c)
Effective the first date on which state franchisees operating within the boundaries of the City are not obligated to make payments pursuant to subsection (b) of this section, each state franchisee shall pay a fee to the City equal to one percent of gross revenue of that state video franchise holder to support PEG channel facilities consistent with federal law.
(d)
Gross revenue, for the purposes of subsections (a), (b) and (c) of this section, shall have the definition set forth in California Public Utilities Code Section 5860.
(Ord. 803, § 1, eff. March 10, 2009)
Not more than once annually, the City Manager or his or her designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with Section 8-5.03 hereinabove.
(Ord. 803, § 1, eff. March 10, 2009)
(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 his or her 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 his or her designee
will provide the state video franchise holder with 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 to be imposed by the City:
(1)
For the first occurrence of a violation, a fine of up to $500 may
be imposed for each day the violation remains in effect, not to exceed
$1,500 for each violation.
(2)
For a second violation of the same nature within 12 months, a fine
of up to $1,000 may be imposed for each day the violation remains
in effect, not to exceed $3,000 for each violation.
(3)
For a third or further violation of the same nature within 12 months,
a fine of up to $2,500 may be imposed for each day the violation remains
in effect, not to exceed $7,500 for each violation.
(c)
A state
video franchise holder may appeal a penalty assessed by the City Manager
to the City Council within 60 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. 803, § 1, eff. March 10, 2009)
(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
30 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. 803, § 1, eff. March 10, 2009)
Should any provision, section, paragraph, sentence or word of
this chapter be determined or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences
or words of this chapter shall remain in full force and effect.
(Ord. 803, § 1, eff. March 10, 2009)
