California City Municipal Code Art. 2 State Video Franchisees

Footnotes:

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Editor's note— Ord. No. 17-751, § 1, adopted July 25, 2017, repealed the former Art. 2., §§ 7-4.201—7-4.219, and enacted a new Art. 2 as set out herein. The former Art. 2 pertained to community antenna television systems and derived from the Original Code.

This Chapter is designed to regulate video service providers holding state video franchises and operating within the City pursuant to that franchise. On January 1, 2007, the State of California became the sole authority with power to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA"). Pursuant to DIVCA, the City of California City shall receive a franchise fee and a fee for public, educational and/ or government (PEG) purposes from all state video franchise holders operating within the City. Additionally, the City intends to exercise its authority 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.

( Ord. No. 17-751, § 1, 7-25-2017 )

(a) Any state video franchise holder operating within the boundaries of the City shall submit a fee to the City equal to 5% of the "gross revenue" of that state video franchise holder. Gross revenue, for the purposes of this chapter, shall have the definition set forth in California Public Utilities Code § 5660 as it may be amended from time to time.

(b) Any state video franchise holder operating within the boundaries of the City shall submit a PEG fee to the City, or the City's designee, for support of Public, Educational, and/or Governmental (PEG) purposes that are consistent with state and federal law. The PEG fee shall be 1% of the "gross revenue" of that state video franchise holder and shall be remitted at the same time and pursuant to the same schedule as is required for franchise fees.

( Ord. No. 17-751, § 1, 7-25-2017 )

Not more than once annually, the City Manager, or the City Manager's designee, may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with Section 7-4.202.

( Ord. No. 17-751, § 1, 7-25-2017 )

(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 the City Manager's 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 the City Manager's 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 thirty (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 up to $500.00 may 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 twelve (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.

(3) For a third or further violation of the same nature within twelve (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 video franchise holder may appeal a penalty assessed by the City Manager to the City Council within sixty (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. 17-751, § 1, 7-25-2017 )

(a) Applications. Applicants for state video franchises within the boundaries of the City must concurrently provide complete copies to the City of any application or amendments to applications filed with the California Public Utilities Commission (PUC). One complete copy must be provided to the City Manager.

(b) Within thirty (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. No. 17-751, § 1, 7-25-2017 )