Alameda Municipal Code § 3-7 Regulation of State Video Franchise Holders

This section is designed to regulate video service providers holding state video franchises and operating within the City of Alameda. This section is enacted pursuant to the authority provided in the Digital Infrastructure and Video Competition Act of 2006 (Public Utilities Code Section 5800 et seq.) as such legislation may hereafter be amended and supplemented by regulations published thereunder.

(Ord. No. 3026 N.S., § 1, 2-15-2011)

Unless the term is specifically defined in this Section or the contrary is stated or clearly appears from the context, the definitions set forth in the Digital Infrastructure and Video Competition Act of 2006 (Public Utilities Code Section 5800 et seq.) shall govern the interpretation of this Section.

(Ord. No. 3026 N.S., § 1, 2-15-2011)

a. Any State video franchise holder operating within the boundaries of the City of Alameda shall pay to the City a franchise fee equal to five percent (5%) of the gross revenues of that State video franchise holder.

b. Any State video franchise holder operating within the boundaries of the City shall pay to the City an additional fee equal to one percent (1%) of the gross revenues of that State video franchise holder, which fee shall be used by the City for any Public, Educational and/or Governmental (PEG) purposes consistent with State and Federal law.

c. For purposes of subsections a. and b. above, the term "gross revenues" shall be defined as set forth in Public Utilities Code Section 5860.

(Ord. No. 3026 N.S., § 1, 2-15-2011)

Not more than once annually and in a manner consistent with Public Utilities Code Section 5860, the City may examine and perform an audit of the business records of the holder of a state video franchise to ensure compliance with subsection 3-7.3, above.

(Ord. No. 3026 N.S., § 1, 2-15-2011)

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 shall monitor compliance by State video franchise holders with State and Federal customer service and protection standards. The City shall provide to the State video franchise holder written notice of any material breaches of applicable customer service and protection standards, and shall allow the State video franchise holder thirty (30) days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty-day time period will be subject to the following monetary penalties to be imposed by the City in accordance with State law. For purposes of this subsection, "material breach" shall be defined as set forth in Public Utilities Code Section 5900.

1. For the first occurrence of a violation, a monetary penalty of five hundred ($500.00) dollars shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred ($1,500.00) dollars for each violation.

2. For a second violation of the same nature within twelve (12) months, a monetary penalty of one thousand ($1,000.00) dollars shall be imposed for each day the violation remains in effect, not to exceed three thousand ($3,000.00) dollars for each violation.

3. For a third or further violation of the same nature within twelve (12) months, a monetary penalty of two thousand five hundred ($2,500.00) dollars shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred ($7,500.00) dollars for each violation.

c. A State video franchise holder may appeal a monetary penalty assessed by the City within sixty (60) days by providing written notice to the City Manager. The City Manager or his or her designee shall appoint a hearing officer, who shall promptly hold an administrative hearing. After relevant evidence and testimony are received, the hearing officer shall either uphold, modify, or vacate the monetary penalty. The hearing officer's decision on the imposition of a monetary penalty shall be final.

(Ord. No. 3026 N.S., § 1, 2-15-2011)

Applicants for State video franchises within the boundaries of the City of Alameda must concurrently provide to the City complete copies of any application or amendments to applications filed with the California Public Utilities commission. One (1) complete copy must be provided to the City Clerk. The City may provide any appropriate comments to the Commission regarding the application or amendment.

(Ord. No. 3026 N.S., § 1, 2-15-2011)

a. The fee on State video franchise holders to support public, educational, and governmental channel facilities in the Alameda Municipal Code Section 3-7.3 (State Video Franchise and PEG Fees) above is reauthorized and shall remain unchanged and in full effect as to all State video franchise holders.

b. The PEG fee in in the Alameda Municipal Code Section 3-7.3 (State Video Franchise and PEG Fees) above shall automatically be reauthorized upon the expiration of any existing or future franchise certificate franchise(s) held by any State video franchise holders operating within the City of Alameda.

c. Section 3-7.3 (State Video Franchise and PEG Fees) above shall automatically be reauthorized upon the expiration of any existing or future franchise certificate franchise(s) held by any State video franchise holder operating within the City of Alameda. This section shall so renew upon the future expiration of any franchise certificate franchise(s) until such time that the Alameda City Council takes formal affirmative action to cease the renewals.

(Ord. No. 3203 N.S., § 1, 12-4-2017)