Part 2 — CABLE TELEVISION SYSTEMS

A. In accordance with applicable Federal and State law, the City is authorized to grant one (1) 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 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 establishing regulatory powers to be exercised by the City. This Part 2 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 Part 2 is intended to achieve this primary objective. It is the further intent of this Part 2 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. 462, Section 3, 5/9/07.]

A. Franchise Purposes. A franchise granted by the City under the provisions of this Part 2 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 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 and such other services as may be 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 Part 2.

C. Term of the Franchise.

1. A franchise granted under this Part 2 will be for the term specified in the franchise agreement, commencing upon the effective

date of the resolution adopted by the City Council that authorizes the franchise.

2. A franchise granted under this Part 2 may be renewed upon application by the grantee in accordance with the then-applicable

provisions of state and Federal law and this Part 2.

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 resolution granting the franchise or in the franchise agreement.

E. Federal or State Jurisdiction. This Part 2 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 Non-Transferable.

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 grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this Subsection. A transfer to a person or entity owned or controlled by or under common ownership or control of grantee shall not be deemed a transfer for the purposes of this Subsection.

2. The requirements of Subsection 1. 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 twenty-five percent (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, individually or collectively, owns or controls those partnership interests or that voting stock of the grantee, or 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 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 one hundred twenty (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 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 ninety (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 (1) 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 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 (7) days from the date of request, or such longer time as may be requested by the subscriber, provided that 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 one hundred twenty-five (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 that it deems appropriate, subject to applicable State and Federal law. If an additional franchise is proposed to be granted to a new applicant, a noticed public hearing must first be held if required by 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 cable operator 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. 462, Section 3, 5/9/07.]

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 in an amount established by resolution of the City Council must accompany the application. That application fee deposit will cover all 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 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 thirty (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,

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 ten percent (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 the share in profits and 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, and a description of the background and qualifications of

each such person.

5. A statement specifying 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 thirty

(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 (1) or more franchises, or may decline to grant any franchise.

D. Franchise Renewal. Franchise renewals will be processed in accordance with then-applicable law and with the renewal terms, if any, of the franchise agreement. The City and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Unless prohibited by applicable law, a renewal application fee deposit in an amount established by resolution of the City Council must accompany the renewal application or the renewal request. That renewal application fee deposit will cover all anticipated costs associated with reviewing and processing the renewal application, including the review of grantee’s prior compliance with the franchise, the ascertainment of the community’s cable-related needs and interests, the engagement of technical and legal consultants, and expenses related to negotiations and document preparation. If actual costs exceed the renewal application fee deposit, grantee must pay the difference to the City within thirty (30) days following receipt of an itemized statement of those costs. If actual costs are less than the renewal application fee deposit, the remaining balance will be refunded to grantee. No renewal application fee may be offset against any franchise fee payable to the City during the term of the franchise. The City Council may authorize the renewal of a cable television franchise agreement by resolution.

[Ord. 462, Section 3, 5/9/07.]

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 the statutes, rules and regulations set forth in Section 5.40.080 below.

8. Requirements relating to 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 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 record keeping, accounting procedures, reporting, periodic audits, 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. 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. 462, Section 3, 5/9/07.]

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 thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed thirty (30) seconds.

b. Callers must receive a busy signal less than three percent (3%) of the time, measured quarterly.

c. Emergency toll-free telephone line capacity on a twenty-four (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 (8) hours

daily on weekdays, and at least four (4) 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

twenty-four (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. “Standard installations” are those that are located up to one hundred twenty-five (125) feet from the existing distribution system, unless otherwise defined in the franchise agreement.

g. 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. Grantee may schedule installation and service calls outside of normal business hours for the convenience of the subscriber. Grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment, except in the case of an emergency. 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. 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 grantee will receive either a free

installation or a twenty dollar ($20.00) credit.

i. Upon a subscriber’s request, grantee will arrange for pickup or replacement of converters or other equipment provided by the

grantee at the subscriber’s address within fourteen (14) days after the request is made if the subscriber is mobility-limited,

2. Under normal operating conditions, the standards of Subsections a., b., c, f. and g. above must be met not less than ninety

percent (90%) of the time, measured on a quarterly basis. Upon grantor’s request, grantee must submit to the City quarterly reports setting forth its compliance with those standards.

B. Service Standards.

1. 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 12:00 midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two (2) hours and occurs between 12:00 midnight and 6:00 a.m. (in which event twenty-four (24) hours prior notice must be given to the City), forty-eight (48) hours prior notice must be given to subscribers.

2. 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 (2) 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 (5) or more subscribers to the system.

b. For an isolated outage: Within twenty-four (24) hours, including weekends, after receiving requests for service identifying an

isolated outage of sound or picture on one (1) or more channels.

c. For inferior signal quality: No later than the following business day, excluding Sundays and holidays, after a request for service

identifying a problem concerning picture or sound quality.

3. Grantee will be deemed to have responded to a request for service under the provisions of this Subsection B. when a technician

arrives at the service location and begins work on the problem if the problem cannot be corrected remotely. If a subscriber is not home

when the technician arrives, the technician must leave written notification of arrival.

4. Grantee may not charge for the repair or replacement of defective or malfunctioning equipment provided by grantee to

subscribers, unless the defect or malfunction was caused by the subscriber.

5. Grantee must determine the nature of the problem within twenty-four (24) hours after commencing work and resolve all cable system related problems within three (3) 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 must also 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 grantee, including the failure to timely or correctly bill the subscriber.

3. In case of a billing dispute, grantee must respond in writing to a written complaint from a subscriber within thirty (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 (4) 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 thirty (30) days after the return of any grantee-supplied equipment.

5. 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.

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 thirty (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 (5) working days before subscribers are notified.

7. 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 (2) years.

D. Verification of Compliance with Standards.

1. Upon thirty (30) days prior written notice, the City may require grantee to provide a written report demonstrating its compliance

with any of the consumer service standards specified in this Section. 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. 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 Section 5.40.080.C.3.

2. Upon request, and subject to applicable law protecting subscriber privacy rights, the City has the right to review 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 grantee are

honored. If grantee elects to rebuild, modify, or sell the system, or if grantor gives notice of intent to terminate or not to renew the franchise, grantee must act to ensure that all subscribers receive service while the franchise remains in force.

4. Upon a change of control of grantee, or if a new operator acquires the cable system, the original grantee must cooperate with

grantor, or the new operator in maintaining continuity of service to all subscribers. During that transition period, 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 grantee must promptly comply with the subscriber's request

within seven (7) 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. Grantee may disconnect a subscriber’s service in compliance with paragraphs I, J, and K of Government Code Section 53088.2.

If service is disconnected for nonpayment of past due fees or charges, 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 2. above, grantee may immediately disconnect service to a subscriber if the

subscriber is damaging or destroying the grantee’s cable system or equipment.

4. Grantee may also disconnect service to a subscriber when service causes signal leakage exceeding Federal limits. If service is

disconnected, grantee will immediately resume service without charge upon the satisfactory correction of the signal leakage problem if the signal leakage problem is attributable to grantee.

5. Grantee may also disconnect service in cases where customers are stealing service or have made threats of physical violence

upon grantee’s personnel.

6. Upon termination of service to a subscriber, grantee will endeavor to remove its equipment from the subscriber’s premises within

thirty (30) days.

G. Changes in Service. Except as otherwise provided by Federal or State law, subscribers must not be required to pay any additional fee or charge, other than the regular service fee, in order to receive the services selected. 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 thirty (30) days after the equipment is returned to 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 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. Grantee must account for all identification cards at all times. All vehicles of grantee or its subcontractors must be clearly identified as vehicles engaged in providing services for grantee.

   2. In addition to the consumer protection and service standards specified in this Section, grantee must comply with all applicable consumer protection and service standards that are imposed upon cable operators by the following:

   a. Federal statutes, and the rules, regulations and orders of the FCC, including the following:

   (1) The provisions of 47 CFR 76.630 as it now exists or may later be amended, which relate to compatibility with consumer

electronics equipment.

(2) The provisions of 47 U.S.C. § 551 as it now exists or may later be amended, which relate to the protection of subscriber

privacy.

b. The provisions of Government Code Sections 53054 et seq., which is titled the “Cable Television and Video Provider Customer

Service and Information Act.”

c. The provisions of Government Code Sections 53088 et seq., which is titled the “Video Customer Service Act.”

d. The provisions of 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 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 above in Subsection 2., 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 paragraph is to authorize monetary penalties for the violation of the customer service standards

established by this Section. The liquidated damages or other monetary sanctions applicable to grantee’s material violation of any customer service standards set forth in this Subsection will be specified in the franchise agreement between the City and grantee. The imposition of penalties authorized by this Subsection 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. Assessment of Monetary Penalties. The City Manager or the City Manager’s designee is authorized to administer this

Subsection. Decisions by the City Manager to assess monetary penalties against 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. Appeals to City Council. If grantee or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within ten (10) days of the written decision, appeal that decision in writing to the City Council. The City Council may affirm, modify or reverse the decision of the City Manager.

c. Judicial Remedy. This paragraph does not preclude any affected party from pursuing any judicial remedy available to that party

without regard to this Subsection.

d. Notification of Violation. The City must give grantee written notice of any alleged violation of the consumer service standards

and allow grantee at least thirty (30) days from receipt of the notice to remedy the specified violations. 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 grantee, irrespective of the number of subscribers affected.

[Ord. 462, Section 3, 5/9/07.]