Chapter 6A — STATE-FRANCHISED VIDEO SERVICE PROVIDERS

STATE-FRANCHISED VIDEO SERVICE PROVIDERS

§ 6A-1 DEFINITIONS

§ 6A-2 AUTHORITY AND FINDINGS

§ 6A-2.1. Authority and Findings.

§ 6A-4 PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) ACCESS FEE

§ 6A-4.1. Public, Educational, and Governmental (PEG) Access Fee.

§ 6A-3

CUSTOMER SERVICE STANDARDS AND PENALTIES FOR MATERIAL BREACH

§ 6A-3.1. Customer Service Standards and Penalties for Material Breach.

§ 6A-1 DEFINITIONS [Ord. #07-02, § 1]

Terms used in this chapter shall be defined as provided in California Public Utilities Code Section 5830.

• a. Assembly Bill 2987 (Nunez), formally called the Digital Infrastructure and Video Competition Act of 2006 (the "Act"), became effective on January 1, 2007.

• b. The Act establishes a State franchising system administered by the Public Utilities Commission for video service providers. Under the Act, the City of Albany has limited regulatory and enforcement powers over State-franchised video service providers.

• c. The intent of this chapter is to exercise the City's regulatory authority pursuant to the Act and other State and Federal law.

• a. Pursuant to California Public Utilities Code Section 5900, video service providers that have been issued a State franchise pursuant to California Public Utilities Code Section 5840 must comply with the provisions of Sections 53055, 53055.1, 53055.2, and 53088.2 of the California Government Code, and any other customer service standards pertaining to the provision of video service established by Federal law or regulation and any laws subsequently enacted by the California Legislature (the "customer service standards").

• b. The holder of a State-issued franchise shall comply with the provisions of California Penal Code Section 637.5 and the privacy standards contained in the Federal Cable Act, at 47 U.S.C. § 551, et seq.

• c. The City shall enforce the customer service standards of this section with respect to complaints received from residents within the City's jurisdiction, pursuant to California Public Utilities Code Section5900(c).

• d. Prior to imposing the penalties provided by this section, the City shall notify State franchise holders in writing of any material breach of these customer service standards. The video service provider shall have thirty (30) days from the receipt of the notice to remedy the specified material breach.

• e. A material breach of the customer service standards by State franchise holders is punishable by a penalty of five hundred ($500.00) dollars for each day of each material breach, not to exceed one thousand five hundred ($1,500.00) dollars for each occurrence of a material breach.

• f. If a subsequent material breach of the same standard occurs within twelve (12) months, the repeat material breach is punishable by a penalty of one thousand ($1,000.00) dollars for each day of each material breach, not to exceed three thousand ($3,000.00) dollars for each occurrence of the material breach.

• g. If a third or further material breach of the same standard occurs within twelve (12) months of the first breach, the repeat material breach or breaches are punishable by a penalty of two thousand five hundred ($2,500.00) dollars for each day of each material breach, not to exceed seven thousand five hundred ($7,500.00) dollars for each occurrence of the material breach.

• h. Acts or omissions of a video service provider that result in breaches of two (2) or more different customer service standards will be treated and penalized as separate material breaches of each violated standard.

• i. This section shall not apply to any video service provider providing video services pursuant to a franchise agreement with the City.

• a. Pursuant to California Public Utilities Code Section 5870(n), the City of Albany hereby establishes a Public, Educational, and Governmental (PEG) Access Fee.

• b. Video service providers that have been issued a State franchise pursuant to California Public Utilities Code Section 5840, shall designate a sufficient amount of capacity on their networks for the provision of PEG channels as provided by Public Utilities Code Section 5870.

• c. Video service providers that have been issued a State franchise must pay to the City of Albany a PEG Access Fee of one (1%) percent of the video service provider's gross revenues to support PEG channels consistent with Federal law. The fee shall be remitted to the City quarterly, within forty-five (45) days after the close of each quarter, at the same time as the video service provider remits its franchise fee pursuant to California Public Utilities Code Section 5860(h).

• d. If the video service provider does not pay the PEG Access Fee when due, the video service provider shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus one (1%) percent.

• e. Pursuant to California Public Utilities Code Section 5860(i), the video service provider must keep records of its gross revenues for at least four (4) years after those revenues are recognized in its books. The City may review the business records of the video service provider to ensure that the PEG Access Fee is being paid properly. If an audit of the video service provider indicates that the PEG Access Fee has been underpaid by more than five (5%) percent, the video service provider must pay the reasonable and actual costs of the audit, as well as the delinquent fees.

• f. This section shall not apply to any video service provider providing video services pursuant to a franchise agreement with the City.