Burbank Municipal Code Art. 21 State Video Service

3-4-2101: PURPOSE AND INTENT:

The purpose of this article is to implement within the jurisdictional boundaries of the City of Burbank the provisions of the Digital Infrastructure and Video Competition Act of 2006. Assembly Bill 2987 (Ch. 700, Stats. 2006) codified at Public Utilities Code Sections 5800 et seq. (hereinafter “DIVCA”). Consistent with that purpose, the provisions of this article shall be construed in a manner that is consistent with DIVCA and the applicable rules and regulations of the California Public Utilities Commission promulgated thereunder. If a specific statute referred to in this article should be amended, renumbered or recodified, then the reference shall be deemed to refer to the statute as amended, renumbered or recodified. [Added by Ord. No. 2721; formerly numbered Section 8-192; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

3-4-2102: DEFINITIONS:

For the purposes of this article, the following words, terms, phrases, and abbreviations and their similar formulations shall have the meanings given below:

CABLE OPERATOR: Shall have the meaning set forth in California Public Utilities Code Section 5830(c)

CITY: Means the City of Burbank.

CITY MANAGER: Means the duly appointed City Manager of the City, or their designee.

COMMISSION: Means the California Public Utilities Commission.

DIVCA: Means the Digital Infrastructure and Video Competition Act of 2006. Assembly Bill 2987 (Ch. 700, Stats. 2006) codified at California Public Utilities Code Sections 5800 et seq.

EDUCATIONAL ACCESS: Means access where accredited educational institutions are the primary or designated programmers or users having editorial control over their programming.

GOVERNMENTAL ACCESS: Means access where governmental institutions or their designees are the primary or designated programmers.

GROSS REVENUE: Shall have the meaning set forth in California Public Utilities Code § 5860.

PEG: Means public, educational and governmental access.

PUBLIC ACCESS: Means access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, arc the primary or designated programmers or users having editorial control over their programming.

STATE FRANCHISEE: Means any cable operator or video service provider that, pursuant to DIVCA, has been granted a state franchise by the commission to provide cable or video service by means of communications service equipment or facilities and whose video service area includes all or any part of the incorporated limits of the City.

VIDEO SERVICE: Shall have the meaning set forth in California Public Utilities Code Section 5830(s).

VIDEO SERVICE PROVIDER: Shall have the meaning set forth in California Public Utilities Code Section 5830(t). [Added by Ord. No. 2721; formerly numbered Section 8-193; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

3-4-2103: STATE VIDEO FRANCHISE FEES:

A. Any state franchisee operating within the boundaries of the City of Burbank shall pay a fee to the City equal to five percent (5%) of” the gross revenue of that state franchisee.

B. Any state franchisee operating within the boundaries of the City of Burbank shall pay an additional fee to the City in an amount not to exceed to one percent (1%) of the gross revenue of that state franchisee, which fee shall be used by the City for PEG purposes consistent with state and federal law. The amount of the fee shall be as set forth in the Burbank Fee Resolution or as otherwise set forth in a resolution adopted by the City Council.

C. The PEG fee established in Subsection B. is reauthorized and shall apply to all existing state video franchises, renewals of state video franchises and any new state video franchises operating within the boundaries of the City of Burbank. [Added by Ord. No. 2721; formerly numbered Section 8-194; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17-3,891, eff. 4/28/17; 3745.]

3-4-2104: AUDIT AUTHORITY:

Not more than once annually, the City Manager may examine and perform an audit of the business records of a state franchisee to ensure compliance with section 3-4-2103. [Added by Ord. No. 2721; formerly numbered Section 8-195; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

3-4-2105: CUSTOMER SERVICE STANDARDS:

A. A state franchisee 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 each state franchisee with respect to state and federal customer service and protection standards. The City Manager shall provide the state franchisee written notice of any material breach of applicable customer service standards, and allow the state franchisee 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:

For the first occurrence of a violation, a fine of up to $500.00 may be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.
For a second violation of the same nature within 12 months, a fine of up to $1,000.00 may be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.
For a third or further violation of the same nature within 12 months, a fine of up to $2,500.00 may be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation.

C. A state franchisee 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. [Added by Ord. No. 2721; formerly numbered Section 8-196; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

3-4-2106: CITY RESPONSE TO STATE FRANCHISE APPLICATION:

Applicants for a state franchise within the boundaries of the City of Burbank must concurrently provide complete copies to the City of any application or amendments to applications filed with the commission. One complete copy must be provided to the City Clerk, and one complete copy to the City Manager. The City Manager may provide information or comments to the commission regarding an application for a new state franchise or an application to amend an existing state franchise. [Added by Ord. No. 2721; formerly numbered Section 8-197; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]