Part 6 — VIOLATIONS; SEVERABILITY

A. Unless precluded by applicable law, any person who violates any provision of this Chapter is guilty of a misdemeanor and is punishable as provided for in Title 1 of this Code.

B. The misdemeanor penalty specified above in Subsection A. is not applicable to a violation of any provision of this Chapter for which another sanction or penalty may be imposed under any franchise, license, lease or similar written agreement between the City and a multichannel video programming distributor or telecommunications service provider.

C. The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this Chapter.

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

If any provision of this Chapter is determined by any court of competent jurisdiction, or by any Federal or State agency having jurisdiction over its subject matter, to be invalid and in conflict with any Federal or State law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this Chapter, and such determination will not affect the validity and enforceability of any other provisions. If that Federal or State law or regulation is subsequently repealed or amended so that the provision of this Chapter determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafter be binding on the City and any affected cable or telecommunications service provider; provided, however, that the City must give the affected cable or telecommunications service provider thirty (30) days written notice of that change before requiring compliance with that provision, or such longer period of time as may be reasonably required for the cable or telecommunications service provider to comply with that provision.

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

In adopting this Chapter, it is the intent of the City Council that Section5.40.080, titled “Consumer Protection and Service Standards,” will apply to all franchised video programming distributors, including Falcon Cable Systems Company II, L.P., dba Charter Communications. To the extent that any consumer protection and service standard referenced in uncodified Ordinance No. 324 is inconsistent or in conflict with any provision of Section 5.40.090, said standard in Ordinance No. 324 is hereby repealed and superseded. Similarly, to the extent that any consumer protection and service standard set forth in the Cable Television Franchise Agreement between the City and Falcon Cable Systems Company II, L.P., is inconsistent or in conflict with any provision of Section 5.40.090, said standard in the Cable Television Franchise Agreement is hereby superseded.

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

Following the City Council’s adoption of this Chapter, the City Clerk is directed to provide a copy by certified mail to the franchised cable operator, Falcon Cable Systems Company II, L.P., dba Charter Communications. Upon the expiration of ninety (90) days following the transmittal of this Chapter to Charter Communications, the provisions of Section 5.40.080 relating to consumer protection and service standards will apply to the operation of the cable television system within the franchise service area under the Cable Television Franchise Agreement referenced above in Section 3. The authority for this action by the City is derived from the following sources:

A. 47 CFR 76.309, titled “Customer Service Obligations,” which provides in relevant part as follows:

“(a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this Section against cable

operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards.”

“(b) Nothing in this rule should be construed to prevent or prohibit:

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(3) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically

preempted herein; or

(4) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c) of this section.”

B. Government Code Sections 53088 et seq., titled the “Video Customer Service Act.” Section 53088.2(p) of this Act provides as follows:

“(p) Nothing in this division limits the power of a city, county, or city and county or video provider to adopt and enforce service

standards and consumer protection standards which exceed those established in this division.”

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

Notwithstanding any provisions to the contrary set forth in this Chapter, Ordinance No. 324, which is uncodified and titled “Adelanto, CA, Cable Television Franchise Ordinance,” will continue in full force and effect. Ordinance No. 324 will continue to be applicable to the existing Cable Television Franchise Agreement between the City and its franchised cable operator, Charter Communications, or its duly authorized assignee or transferee. Ordinance No. 324 is subject to repeal by the City Council at such time as the franchised cable operator executes an amendment to the existing cable television franchise agreement, or executes a cable television franchise renewal agreement, the terms of which subject the franchised cable operator to Chapter 5.40 of Title 5 of the Municipal Code, as adopted by the ordinance enacting this Chapter.

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