Article 3 — STATE FRANCHISE HOLDERS PROVIDING VIDEO SERVICE

(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 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 designee will provide the state video franchise holder 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 $500 shall 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 $1,000 shall 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 $2,500 shall 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 or designee 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. 2034-C-S, passed 9-8-09)

(A) For any state video franchise holder operating within the boundaries of the City of Antioch, there shall be a fee paid to the city equal to 5% of the gross revenue of that state video franchise holder.

(B) For any state video franchise holder operating within the boundaries of the City of Antioch, there shall be an additional fee paid to the city equal to 1% of the gross revenue of that state video franchise holder, which fee shall be used by the city for public, educational and government (PEG) purposes consistent with state and federal law.

(C) Gross revenue, for the purposes of divisions (A) and (B) above, shall have the definition set forth in Cal. Public Utilities Code § 5860.

(Ord. 2034-C-S, passed 9-8-09)

Not more than once annually, the City Manager or his designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with this article.

(Ord. 2034-C-S, passed 9-8-09)

(A) Applicants for state video franchises within the boundaries of the City of Antioch must concurrently provide complete copies to the city of any application or amendments to applications filed with the 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. 2034-C-S, passed 9-8-09)