Bakersfield Municipal Code Ch. 5.48 Video Service Providers

Sections: 5.48.010 Definitions. 5.48.020 Grant of franchise to Time Warner Entertainment—Advance/Newhouse, a general partnership under the laws of the state of New York. 5.48.030 Grant of franchise to Cebridge Acquisitions, L.P., a Delaware limited partnership doing business in California as Cebridge Connections. 5.48.040 Regulations. 5.48.050 Notice of violation. 5.48.060 Penalties.

• Prior ordinance history: Ords. 3668 and 4370.

A. “Cable operator” means any person, group of persons, or business entity providing cable television service in the city limits pursuant to a franchise agreement with the city entered into prior to January 1, 2007.

B. “State franchise holder” means any person, group of persons or business entity providing video programming service pursuant to a franchise granted by the state of California through the Public Utilities Commission after January 1, 2007.

C. “Video service provider” means both a cable operator and a state franchise holder. (Ord. 4444 § 1, 2007)

Newhouse, a general partnership under the laws of the state of New York.

Pursuant to Charter Section 116 the city grants to Time Warner Entertainment-Advance/Newhouse, a general partnership under the laws of the state of New York the nonexclusive right, privilege and franchise to lay and use lines, wires, coaxial cable and appurtenances for transmitting, distributing and supplying radio and television antenna service along, across and upon the public streets, ways, alleys and places within the city effective upon the execution of a franchise agreement as approved by the city council and subject to all the terms and conditions contained in such franchise agreement approved by the city council. (Ord. 4444 § 1, 2007)

limited partnership doing business in California as Cebridge Connections.

Pursuant to Charter Section 116, the city grants to Cebridge Acquisitions, L.P., a Delaware limited partnership doing business in California as Cebridge Connections the nonexclusive right, privilege and franchise to lay and use lines, wires, coaxial cable and appurtenances for transmitting, distributing and supplying radio and television antenna service along, across and upon the public streets, ways, alleys and places within the city effective upon the execution of an amendment to a franchise agreement as approved by the city council and subject to all the terms and conditions contained in such franchise agreement approved by the city council. (Ord. 4444 § 1, 2007)

All video service providers must comply with the provisions of Sections 53055, 53055.1, 53055.2 and 53088.2 of the California Government Code, Section 637.5 of the California Penal Code and 47 U.S.C. 551 et seq. All video service providers must comply with customer service standards pertaining to the provision of video service established by federal law or regulation or adopted by subsequent enactment of the California Legislature. Additionally, cable operators must comply with all terms of their franchise agreements until such agreements are terminated or expire. (Ord. 4444 § 1, 2007)

If the city determines that a video service provider is in violation of any laws set forth in Section 5.48.040 or, in the case of a cable operator, the terms of the franchise agreement, the city shall notify the video service provider of the violation(s) in writing. The video service provider shall have thirty days to correct the violation. If the violation is not corrected, a fine or other penalty shall be imposed pursuant to Section 5.48.060. (Ord. 4444 § 1, 2007)

A violation of any law or regulation referenced in Section 5.48.040 or any other law cited in any amendment to the Digital Infrastructure and Video Competition Act of 2006 (California Public Utilities Code Section 5800 et seq.) shall result in a fine of five hundred dollars per day for each day the violation continues, not to exceed one thousand five hundred dollars. A second violation occurring and not corrected in a twelve-month period shall result in a fine of one thousand dollars per day for each day the violation continues, not to exceed three thousand dollars. A third or subsequent violation in that same twelve-month period shall result in a fine of two thousand five hundred dollars per day for each day the violation continues, not to exceed seven thousand five hundred dollars. The city shall notify the video service provider of the fine(s) in writing and the video service provider shall pay such fine(s) to the city within ten days of the mailing of the notice by the city or file a written request for an appeal of the fine with the city clerk. Upon timely receipt of a written request for an appeal, the city clerk shall schedule the matter for hearing with the city manager or designee within sixty days of receipt of request for appeal. After the time for appeal has run or if the city manager or designee upholds the fine, the city may take any action allowed by law to recover an unpaid fine. Additionally, failure to pay the fine shall be reported to the Public Utilities Commission. Nothing in this section precludes the city from terminating a franchise agreement with a cable operator for breaching the terms of the franchise agreement. One-half of any fine collected by the city shall be submitted to the digital divide account established in Section 280.5 of the Public Utilities Code. (Ord. 4444 § 1, 2007)