Article III — Open Video Systems

The provisions of this Article III apply to an open video system operator, as defined in § 5.208.180, that intends to deliver video programming to consumers in the city over an open video system.

(Ord. 1082, 11-16-2004)

• A. Before commencing the delivery of video programming services to consumers in the city over an open video system, the open video system operator must file an application with the city. That application must include or be accompanied by the following, as applicable:

  1. The identity of the applicant, including all affiliates of the applicant.

  2. Copies of FCC Form 1275, all “Notices of Intent” filed under 47 C.F.R. 76.1503(b)(1), and the order of the FCC, all of which relate to certification of the applicant to operate an open video system in the city in accordance with the Communications Act § 653(a)(1) and the FCC’s rules.

  3. The area or areas of the city that the applicant desires to serve.

  4. A description of the open video system services that will be offered by the applicant over its existing or proposed facilities.

  5. A description of the transmission medium that will be used by the applicant to deliver the open video system services.

  6. Information in sufficient detail to establish the applicant’s technical qualifications, experience, and expertise regarding the ownership and operation of the open video system described in the application.

  7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant’s financial ability to:

     • a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the city;

     • b. Comply with the city’s public, educational, and governmental access requirements as specified in § 5.208.130.B.4.; and

     • c. Comply with the city’s requirement that gross revenue fees be paid in the maximum amount authorized under federal law, as specified in § 5.208.130.B.2.

  8. An accurate map showing the location of any existing telecommunications facilities in the city that the applicant intends to use, to purchase, or to lease.

  9. If the applicant’s operation of the open video system will require the construction of new physical plant and facilities in the city, the following additional information must be provided:

     • a. A preliminary construction schedule and completion dates.

     • b. Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the city, in sufficient detail to identify:

       • (1) The location and route requested for the applicant’s proposed facilities.

       • (2) The locations, if any, for interconnection with the facilities of other telecommunications service providers.

       • (3) The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to add, remove, or relocate on a temporary or permanent basis.

     • c. The applicant’s statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules, and regulations of the city, including the payment of all required permit and processing fees.

10. The information and documentation that is required to be submitted to the city by a video provider, as specified below in § 5.208.150.B.

11. Such additional information as may be requested by the City Manager.

12. An application fee deposit in an amount established by resolution of the City Council.

• B. If any item of information specified above in paragraph A. is determined under paramount federal or state law to be unlawful, the City Manager is authorized to waive the requirement that such information be included in the application.

• (Ord. 1082, 11-16-2004)

Within thirty (30) days after receipt of an application filed under § 5.208.110 that is deemed to be complete, the City Manager will give written notice to the applicant of the city’s intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the city. The commencement of those negotiations will be on a date that is mutually acceptable to the city and to the applicant. (Ord. 1082, 11-16-2004)

• A. No video programming services may be provided in the city by an open video system operator unless the operator and the city have executed a written agreement, which may be designated as a franchise, setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the city. That agreement may be authorized and approved by resolution of the City Council.

• B. The agreement between the city and the open video system operator may contain provisions that relate to the following subject matters, to the extent that such provisions and subject matters are not preempted by federal law or regulations:

  1. The nature, scope, and duration of the agreement, including provisions for its renewal or extension.

2. The obligation of the open video system operator to pay to the city, at specified times and in lieu of the franchise fees permitted under the Communications Act § 622, fees on the gross revenue received by the operator, as authorized by 47 C.F.R. 76.1511, in accordance with the following standards and procedures:

   • a. The amount of the fees on the gross revenue will be the maximum amount authorized by § 653(c)(2)(B) of the Communications Act, which is the rate imposed by the city on the existing franchised cable operator.

   • b. The term “gross revenue” means:

     • (1) All gross revenue received by an open video system operator or its affiliates, including all revenue received from subscribers and all carriage revenue received from unaffiliated video programming providers; and

     • (2) All advertising revenue received by the operator or its affiliates in connection with the provision of video programming, where such revenue is included in the calculation of the cable franchise fee paid to the city by the incumbent franchised cable operator.

     • (3) The term “gross revenue” does not include revenue, such as subscriber or advertising revenue, collected by unaffiliated video programming providers.

3. The obligation of the open video system operator to comply with requirements relating to information collection and recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on the gross revenue that are required to be paid as specified in subparagraph B.2. of this section.

4. The obligation of the open video system operator to meet the city’s requirements with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment, as provided for in 47 C.F.R. 76.1505. In this regard, the following standards and procedures are applicable:

   • a. The open video system operator is subject to the same public, educational, and governmental access requirements that apply within the cable television franchise service area with which its system overlaps.

• b. The open video system operator must ensure that all subscribers receive all public, educational, and governmental access channels within the franchise service area in which the city’s subscribers are located.

  • c. The open video system operator may negotiate with the city to establish the operator’s obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment. These negotiations may include the city’s franchised cable operator if the city, the open video system operator, and the franchised cable operator so desire.

  • d. If the open video system operator and the city are unable to reach an agreement regarding the operator’s obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment within the city’s jurisdiction, then the following obligations will be imposed:

BUSINESS LICENSES AND REGULATIONS

• (1) The open video system operator must satisfy the same public, educational, and governmental access obligations as the city’s franchised cable operator by providing the same amount of channel capacity for public, educational, and governmental access and by matching the city’s franchised cable operator’s annual financial contributions in support of public, educational, and governmental access services, facilities, and equipment that are actually used by the city. For in-kind contributions, such as cameras or production studios, the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the city’s franchised cable operator, so that public, educational, and governmental access services to the city are improved or increased. If such terms cannot be agreed upon, the open video system operator must pay to the city the monetary equivalent of the franchised cable operator’s depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the open video system operator must be used to fund activities arising under the Communications Act § 611.

• (2) The city will impose upon the open video system operator the same rules and procedures that it imposes upon the franchised cable operator with regard to the open video system operator’s use of channel capacity designated for public, educational, and governmental access use when that capacity is not being used for such purposes.

• e. The city’s franchised cable operator is required under federal law to permit the open video system operator to connect with its public, educational, and governmental access channel feeds. The open video system operator and the franchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the open video systems involved. If the franchised cable operator and the open video system operator cannot agree on how to accomplish the connection, the city has the right to decide. The city may require that the connection occur on city-owned property or on public rights-of-way.

• f. All costs of connection to the franchised cable operator’s public, educational, and governmental access channel feed must be borne by the open video system operator. These costs will be counted towards the open video system operator’s matching financial contributions set forth above in subparagraph B.4.d.(1).

• g. The city will not impose upon the open video system operator any public, educational, or governmental access obligations that are greater than those imposed upon the incumbent franchised cable operator.

• h. If there is no incumbent franchised cable operator, the provisions of 47 C.F.R. 76.1505(d)(6) will be applicable in determining the obligations of the open video system operator.

• i. The open video system operator must adjust its system to comply with new public, educational, and access obligations imposed on the city’s incumbent franchised cable operator following a renewal of the cable television franchise; provided, however, that the open video system operator will not be required to displace other programmers using its open video system to accommodate public, educational, and governmental access channels. The open video system operator must comply with such new public, educational, and governmental access obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity.

5. If the city and the open video system operator cannot agree on the application of the FCC’s rules regarding the open video system operator’s obligations to provide public, educational, and governmental access under the provisions of subparagraph B.4. set forth above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 C.F.R. 76.1514. No agreement will be executed by the city until the dispute has been finally resolved.

6. If the open video system operator intends to maintain an institutional network, as defined in the Communications Act § 611(f), the city will require that educational and governmental access channels be designated on that institutional network to the same extent that those channels are designated on the institutional network of the city’s franchised cable operator.

7. The authority of an open video system operator to exercise editorial control over any public, educational, or governmental use of channel capacity will be restricted in accordance with the provisions of 47 C.F.R. 76.1505(f).

8. The obligation of the open video system operator to comply with all applicable federal, state, and local statutes, ordinances, and regulations relating to customer service standards, including those specified in § 5.208.090.

9. If new physical plant is proposed to be constructed within the city, the obligation of the open video system operator to comply with the following rights-of-way use and management responsibilities that are also imposed by the city upon other cable television and telecommunications service providers in a nondiscriminatory and competitively neutral manner:

   • a. Compliance with all applicable state statutes and city codes, including applications for excavation, encroachment, and construction permits and the payment of all required permit and inspection fees.

   • b. The coordination of construction activities.

   • c. Compliance with established standards and procedures for constructing lines across private property.

   • d. Compliance with all applicable insurance and indemnification requirements.

   • e. The repair and resurfacing of construction-damaged streets.

   • f. Compliance with all public safety requirements that are applicable to cable television and telecommunications service providers using public property or public rights-of-way.

10. Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, and other remedies, including fines or the suspension, revocation, or termination of the agreement.

11. Requirements relating to the sale, assignment, or transfer of the open video system.

12. Requirements relating to the open video system operator’s compliance with and implementation of state and federal laws, rules, and regulations pertaining to the operation of the open video system.

13. Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the city and the open video system operator and that will, in the judgment of the City Council, best serve the public interest and protect the public health, welfare, and safety.

• (Ord. 1082, 11-16-2004)

Article IV

Other Video and Telecommunications Services and Systems

The term “cable system,” as defined in federal law and as set forth in § 5.208.180, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming identified below are not deemed to be “cable systems” and are therefore exempt from the city’s franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of the city’s public rights-of-way.

• A. Multichannel multipoint distribution service (MMDS), also known as wireless cable, which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology.

• B. Local multipoint distribution service (LMDS), another form of over-the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services.

• C. Direct broadcast satellite (DBS), also referred to as “direct-to-home satellite services,” which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:

  1. 47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services.

  2. The Telecommunications Act of 1996, § 602, states that a provider of direct-to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms “tax” and “fee” are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction.

• (Ord. 1082, 11-16-2004)

• A. Notwithstanding the definition of the term “video provider” in § 5.208.180, the provisions of this section do not apply to providers of direct-to-home satellite services, also known as direct broadcast satellite (DBS).

• B. Unless the customer protection and customer service obligations of a video provider, as that term is defined in § 5.208.180 (but excluding DBS), are specified in a franchise, license, lease, or similar written agreement with the city, a video provider must comply with all applicable provisions of the following state statutes:

  1. The Cable Television and Video Customer Service and Information Act (Cal. Gov’t

Code §§ 53054, et seq. )

2. The Video Customer Service Act (Cal. Gov’t Code §§ 53088, et seq. )

• C. All video providers that are operating in the city on the effective date of this chapter, or that intend to operate in the city after its effective date, must register with the city; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license, lease or similar written agreement with the city. The registration form must include or be accompanied by the following:

  1. The video provider’s name, address, and local telephone numbers.

  2. The names of the officers of the video provider.

  3. A copy of the video provider’s written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Cal. Gov’t et seq. These customer service standards must include, without limitation, standards regarding the following:

     • a. Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling.

     • b. Customer service telephone and office hours.

     • c. Procedures for billing, charges, refunds, and credits.

     • d. Procedures for termination of service.

     • e. Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates.

     • f. Complaint procedures and procedures for bill dispute resolution.

     • g. The video provider’s written acknowledgment of its obligation under Cal. Gov’t Code § 53055.1 to provide to new customers a notice describing the customer service standards specified above in subparagraphs C.3.a. through f. at the time of installation or when service is initiated. The notice must also include, in addition to all of the information described above in subparagraphs C.3.a. through f., all of the following:

       • (1) A listing of the services offered by the video provider that clearly describes all levels of service and the rates for each level of service.

       • (2) The telephone number or numbers through which customers may subscribe to, change, or terminate service, request customer service, or seek general or billing information.

• (3) A description of the rights and remedies that the video provider may make available to its customers if the video provider does not materially meet its customer service standards.

  • h. The video provider’s written commitment to distribute annually to its employees and customers, and to the city, a notice describing the customer service standards specified above in subparagraphs C.3.a. through f. This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Cal. Gov’t Code § 53055.2. Subject to the written notice and cure provisions of Cal. Gov’t Code § 53056(b), a video provider that fails to distribute the annual notice required by Cal. Gov’t Code § 53055.1 will be assessed a monetary penalty in the sum of five hundred dollars ($500) for each year in which the annual notice is not distributed to all of its customers.

  4. Unless a video provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the City Council to cover the reasonable costs incurred by the city in reviewing and processing the registration form.

  5. In addition to the registration fee specified above in subsection C.4., the written commitment of the video provider to pay to the city, when due, all costs and expenses reasonably incurred by the city in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Cal. Gov’t Code § 53088.2(o).

• D. The customer service obligations imposed upon video providers by the Video Customer Service Act (Cal. Gov’t Code § 53088 et seq.) consist of the following:

  1. Every video provider must render reasonably efficient service, make repairs promptly, and interrupt service only as necessary.

  2. All video provider personnel contacting subscribers or potential subscribers outside the office of the provider must be clearly identified as associated with the video provider.

  3. At the time of installation, and annually thereafter, all video providers must provide to all customers a written notice of the programming offered, the prices for that programming, the provider’s installation and customer service policies, and the name, address, and telephone number of the city’s office that is designated for receiving complaints.

  4. All video providers must have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours.

  5. All video providers must provide to customers a toll-free or local telephone number for installation, service, and complaint calls. These calls must be answered promptly by the video providers.

  6. All video providers must render bills that are accurate and understandable.

7. All video providers must respond promptly to a complete outage in a customer’s service. The response must occur within twenty-four (24) hours of the reporting of that outage to the provider, except in those situations beyond the reasonable control of the video provider. A video provider will be deemed to respond to a complete outage when a company representative arrives at the outage location within twentyfour (24) hours and begins to resolve the problem.

   8. All video providers must provide a minimum of thirty (30) days’ written notice before increasing rates or deleting channels. All video providers must make every reasonable effort to submit the notice to the city in advance of its distribution to customers. The thirty (30)-day notice is waived if the increases in rates or deletion of channels are outside the control of the video provider. In those cases, the video provider must make reasonable efforts to provide customers with as much notice as possible.

8. All video providers must allow every residential customer who pays his or her bill directly to the video provider at least fifteen (15) days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. Customer payments must be posted promptly. No video provider may terminate residential service for nonpayment of a delinquent account unless the video provider furnishes notice of the delinquency and impending termination at least fifteen (15) days prior to the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom the service is billed. Notice must not be mailed until the sixteenth day after the date the bill for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. No video provider may assess a late fee any earlier than the twenty-second day after the bill for service has been mailed.

9. Every notice of termination of service pursuant to the preceding subparagraph D.9. must include all of the following information:

• a. The name and address of the customer whose account is delinquent.

• b. The amount of the delinquency.

• c. The date by which payment is required in order to avoid termination of service.

• d. The telephone number of a representative of the video provider who can provide additional information and handle complaints or initiate an investigation concerning the service and charges in question. Service may only be terminated on days in which the customer can reach a representative of the video provider either in person or by telephone.

11. Any service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions.

12. All video providers must issue requested refund checks promptly, but no later than forty-five (45) days following the resolution of any dispute, and following the return of the equipment supplied by the video provider, if service is terminated.

13. All video providers must issue security or customer deposit refund checks promptly, but no later than forty-five (45) days following the termination of service, less any deductions permitted by law.

14. Video providers must not disclose the name and address of a subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the businesses of the video providers or their affiliates, unless the video providers have provided to the subscriber a notice, separate or included in any other customer notice, that clearly and conspicuously describes the subscriber’s ability to prohibit that disclosure. Video providers must provide an address and telephone number for a local subscriber to use without toll charge to prevent disclosure of the subscriber’s name and address.

• E. As authorized by Cal. Gov’t Code § 53088(q), the following schedule of penalties is adopted. These penalties may be imposed for the material breach by a video provider of the consumer protection and service standards that are set forth above in paragraph D., provided that the breach is within the reasonable control of the video provider. These penalties are in addition to any other remedies authorized by this article or by any other law, and the city has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this paragraph E. will not prevent the city or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided below in subparagraph E.2.

  1. Schedule of penalties.

     • a. For a first material breach: the maximum penalty is two hundred dollars ($200) for each day of material breach, but not to exceed a cumulative total of six hundred dollars ($600) for each occurrence of material breach, irrespective of the number of customers affected.

     • b. For a second material breach of the same nature for which a monetary penalty was previously assessed within the preceding twelve (12)-month period: the maximum penalty is four hundred dollars ($400) per day, not to exceed a cumulative total of one thousand two hundred dollars ($1,200) for each occurrence of the material breach, irrespective of the number of customers affected.

     • c. For a third or further material breach of the same nature for which a monetary penalty was previously assessed within the preceding twelve (12)-month period: the maximum penalty is one thousand dollars ($1,000) per day, not to exceed a cumulative total of three thousand dollars ($3,000) for each occurrence of the material breach, irrespective of the number of customers affected.

• d. The maximum penalties referenced above may be increased by any additional amount authorized by state law.

  2. Judicial remedies not affected. The imposition of penalties in accordance with the provisions of subparagraph E.1. above does not preclude any affected party from pursuing any judicial remedy that is available to that party.

• Administration, notice, and appeal.

• a. The City Manager or the City Manager’s designee is authorized to administer this paragraph E. Decisions by the City Manager to assess penalties against a video provider must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the City Council.

• b. If the video provider or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within ten (10) days of the written decision, appeal that decision in writing to the City Council. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Manager.

  • c. The imposition of monetary penalties under subparagraph E.1. above is subject to the following requirements and limitations:

    • (1) The city must give the video provider written notice of any alleged material breach and must allow the video provider at least thirty (30) days from receipt of that notice to remedy the breach.

    • (2) For the purpose of assessing monetary penalties, a material breach will be deemed to have occurred for each day following the expiration of the period for cure specified in subparagraph E.3.c.(1) above that the material breach has not been remedied by the video provider, irrespective of the number of customers affected.

• (Ord. 1082, 11-16-2004)

• A. The City Council finds and determines as follows:

  1. The federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit competition in both local and long-distance telephone service.

  2. The California Public Utilities Commission (CPUC) is primarily responsible for the implementation of local telephone competition, and it issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations.

  3. Cal. Pub. Util. Code § 234(a) defines a “telephone corporation” as “every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state.”

  4. Cal. Pub. Util. Code § 616 provides that a telephone corporation “may condemn any property necessary for the construction and maintenance of its telephone line.”

  5. Cal. Pub. Util. Code § 2902 authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets.

  6. Cal. Pub. Util. Code § 7901 authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.

  7. Cal. Pub. Util. Code § 7901.1 confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner. Nothing in § 7901.1 adds to or subtracts from any existing authority that municipalities have with respect to the imposition of fees.

  8. Cal. Gov’t Code § 50030 provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes.

• B. In recognition of and in compliance with the statutory authorizations and requirements set forth above in paragraph A., the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed within the city’s public rights-of-way:

  1. The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, or a building permit (ministerial permit).

  2. In addition to the information required by this code in connection with an application for a ministerial permit, a telephone corporation must submit to the city the following supplemental information:

     • a. A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the city’s public rights-of-way. Any applicant that, prior to 1996, provided telecommunications service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a certificate of public convenience and necessity.

     • b. If the applicant has obtained from the CPUC a certificate of public convenience and necessity to operate as a “competitive local carrier,” the following additional requirements are applicable:

       • (1) As required by Decision No. 95-12-057 of the CPUC, the applicant must establish that it has timely filed with the city a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the city during the calendar quarter in which the application is filed, so that the city can coordinate multiple projects, as may be necessary.

       • (2) If the applicant’s proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC.

BUSINESS LICENSES AND REGULATIONS

• (3) The applicant must inform the city whether its proposed construction project will be subject to any of the mitigation measures specified in the Negative Declaration [“Competitive Local Carriers (CLCs) Projects for Local Exchange Communication Service throughout California”] or to the Mitigation Monitoring Plan adopted in connection with Decision No. 95-12-057 of the CPUC. The city’s issuance of a ministerial permit will be conditioned upon the applicant’s compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as “competitive local carriers.”

• C. The city reserves all rights that it now possesses or may later acquire with respect to the regulation of any cable or telecommunications service that is provided, or proposed to be provided, by a telephone corporation. These reserved rights may relate, without limitation, to the imposition of reasonable conditions in addition to or different from those set forth in this section, the exaction of a fee or other form of consideration or compensation for use of public rights-of-way, and related matters; provided, however, that such regulatory rights and authority must be consistent with federal and state law that is applicable to cable or telecommunications services provided by telephone corporations.

• (Ord. 1082, 11-16-2004)