Azusa Municipal Code Art. XVI State Video Services Franchises

Notwithstanding any provision of this chapter to the contrary, nothing in this chapter shall be deemed to require any person or entity to obtain a franchise or license issued by the city, to the extent that such person or entity is authorized to provide cable service or video services, as defined in Section 5800 et seq. of the California Public Utilities Code, under a cable franchise or video services franchise issued by another government entity under applicable law, including but not limited to Section 5800 et seq. of the California Public Utilities Code. The requirements and provisions of this chapter shall not apply or be enforced to the extent that they actually conflict with applicable state or federal law.

(Ord. No. 09-O1, § 1, 2-17-09)

This article is designed to regulate video service providers, as defined in Section 5800 et seq. of the California Public Utilities Code, holding state video franchises and operating within the city. As of January 1, 2007, the State of California has the sole authority to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("Act"). Pursuant to the Act, the city shall receive a franchise fee from all state video franchise holders operating within the city. Additionally, the city has the responsibility to establish and enforce penalties, consistent with state law, against all state video franchise holders operating within the city for violations of customer service standards, but the Act grants all authority to adopt customer service standards to the state. The Act leaves unchanged the city's authority to regulate the city's current cable franchise in accordance with this chapter and the cable franchise currently in effect, until such time as the cable franchisee no longer holds a city franchise or is no longer operating under a current or expired city franchise.

(Ord. No. 09-O1, § 1, 2-17-09)

(a) For any state video franchise holder operating within the boundaries of the city, there shall be a fee paid to the city equal to five percent of the gross revenue of that state video franchise holder. Gross revenue, for the purposes of this section, shall have the definition set forth in California Public Utilities Code 5860.

(b) For any state video franchise holder operating within the boundaries of the city, there shall be an additional fee paid to the city equal to one percent of the gross revenue of that state video franchise holder, which fee shall be used by the city for public, educational and government access purposes consistent with state and federal law. This fee may be collected by the city upon the earlier of: (i) the fulfillment of all obligations to remit cash payments to the city for support of public, educational and government access facilities which are contained within a city-issued cable franchise that was in effect on January 1, 2007, and which remained unsatisfied as of the effective date of this ordinance; or (ii) the termination by the holder of a city-issued cable franchise of its franchise as provided under state law. The intent of this subsection is to comply with the requirements of subsections (l), (m), and (n) of Section 5870 of the California Public Utilities Code, and the fee established in this subsection is intended to be a fee authorized by subsection (n) of Section 5870.

(c) To the extent reauthorization is required by law, this article, including the PEG fee specified in subsection (b) of this section in the amount of one percent of gross revenues, is automatically reauthorized as to each affected state video franchise holder upon the expiration of any state franchise. Any and all reauthorizations shall be effective for so long as such reauthorization is required by law.

(Ord. No. 09-O1, § 1, 2-17-09; Ord. No. 2017-11, § 2, 11-6-17)

Not more than once annually, the city manager, or his or her designee, may examine and perform an audit of the business records of all holders of a state video franchise operating within the boundaries of the city to ensure compliance with section 22-293 of this Code.

(Ord. No. 09-O1, § 1, 2-17-09)

(a) Any holder of a state video franchise operating within the boundaries of the city shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.

(b) The city manager shall monitor the compliance of holders of a state video franchise operating within the boundaries of the city with respect to state and federal customer service and protection standards. The city manager, or his or her 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 $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.

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

(3) For a third or further violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation.

(c) A holder of a state video franchise operating within the boundaries of the city may appeal a penalty assessed by the city manager 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. No. 09-O1, § 1, 2-17-09)

(a) Applicants for state video franchises, or amendments to existing franchises, that will authorize the applicant to operate within the boundaries of the city must concurrently provide complete copies to the city of any application or amendments to applications filed with the public utilities commission. At a minimum, 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 public utilities commission regarding an application or an amendment to an application for a state video franchise.

(Ord. No. 09-O1, § 1, 2-17-09)

(a) Any holder of a state video franchise, or city-issued cable franchise, operating within the boundaries of the city, that proposes to install above-ground facilities in the public right-of-way shall, no less than 20 days prior to installing such facilities, provide written notice to the owner of the private or public property (excluding the public right-of-way) nearest to the proposed facility. For purposes of this subsection, "above-ground facilities" shall include only those facilities that are located on the ground or on a base or pedestal that is on the ground, and shall exclude aerial or pole-mounted facilities.

(b) Any franchisee to which this section applies shall provide the city with a copy of the proposed form of notice to be used in compliance with subsection (a), no less than ten days prior to mailing or delivering the notice. The city may require the franchisee to amend the form of the notice. Once the city has approved the form of notice, the franchisee shall not be required to obtain additional approvals of notice from the city, so long as the franchisee does not materially deviate from the form of notice approved by the city.

(Ord. No. 09-O1, § 1, 2-17-09)