• 2.100.10 Cable Television Rate Regulations

• 2.100.20 Incorporation And Severability

• 2.100.30 Procedure And Requirements For Determination Of Permitted Rates

• 2.100.40 Refunds To Customers

• 2.100.50 Enforcement

• 2.100.60 Remedies

1. "AICPA" means American Institute of Certified Public Accountants. (Ord. 94-06 § 9 (part), 1994)

2. "Cable Act" means the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C. sec. 521 et seq.) (Ord. 94-06 § 9 (part), 1994)

3. "Citation." These regulations may be cited as the "Cable Television Rate Regulations". (Ord. 94-06 § 9 (part), 1994)

4. "Customer," as used in this chapter, means any person or entity utilizing or desiring to utilize cable television services provided by the franchisee for consideration. "Customer" also means "custom er(s)" and/or "subscriber(s)" as those terms are used in the Cable Act and the FCC rules and regulations adopted thereunder. (Ord. 94-06 § 9 (part), 1994)

5. "Effective date" means the date these cable television rate regula tions become effective as provided for in 47 CFR § 76.910. (Ord. 94-06 § 9 (part), 1994)

6. "Franchises" means any person or entity which has received a franchise, permit, license, resolution, contract, certificate or any other agreement or authorization to construct and/or operate a cable television system which occupies in whole or any part the public rights of way, including without limitation public utility easements of the franchising authority and is within the scope of the Cable Act. (Ord. 94-06 § 9 (part), 1994)

7. "Franchising authority" means county of Del Norte, or such franchising authority's designee, as it is empowered by federal, state or local law to authorize the construction and/or operation of a cable television system by franchise, permit, license, contract, resolution, certificate or any other agreement or authorization. (Ord. 94-06 § 9 (part), 1994)

8. "FCC" means the Federal Communications Commission. (Ord. 94-06 § 9 (part), 1994)

1. Incorporation Of The Cable Act And FCC Rules And Regulations. The provisions and requirements of the Cable Act, and any duly promulgated FCC rules and regulations implementing the Cable Act, are incorporated herein by reference as fully and completely as if set forth in this chapter. Amendments to the Cable Act and/or to such FCC rules and regulations made subsequent to the effective date of these regulations shall be thereupon deemed to be incorporated by reference as part of these regulations without further action on the pan of the franchising authority. (Ord. 94-06 § 9 (part), 1994.)

2. Severability. In the event that any term, condition or provision of these regula tions shall be hereafter determined to be inconsistent with any provision of the Cable Act and/or any FCC rules and regulations duly promulgated pursuant thereto or shall be hereafter invalidated for any other reason or cause, said portion shall be deemed repealed and any remaining portions shall be deemed severed there from and shall thereupon and thereafter remain in full force and effect. (Ord. 94-06 § 9 (part), 1994.)

1. Rate Submittals. Rate submittals by franchisees shall be in a format and upon such forms as are from time to time provided therefor by the FCC. (Ord. 94-06 § 9 (part), 1994.)

2. Unqualified Opinion Of Auditor. In connection with the submittal of any proposed or existing rates for basic service and associated equipment, the franchisee shall submit therewith to the franchisee authority an unqualified opinion of an independent certified public accounting firm meeting the standards and requirements of subsection C. (Ord. 94-06 § 9 (part), 1994.)

3. Auditor's Opinion. The auditor's opinion required pursuant to subsection B shall be made by an independent certified public accounting firm at the sole cost and expense of the franchisee and shall, at a minimum, contain the following:

   1. A certification that the submittal of the franchisee on the rele vant FCC-approved forms fairly and accurately presents, in all material respects, the program service rates for the basic service tier and the actual costs of regulated equipment and other reportable costs therein as determined in accordance with generally accepted accounting principles and generally accepted auditing standards, including without limitation, AU §§ 801 et seq. of the AICPA Professional Standards (it is the auditor's responsibility to detect and report material misstatements in the rate submittals resulting from violations of FCC regulations and/or these regulations that have a direct and material impact on the rate determinations required therein).

   2. A certification that the submittal of the franchisee on the rele vant FCC-approved forms is reported in compliance with FCC rules and regulations implementing the Cable Act, including without limitation, 47 CFR §§ 76.924 and 76.925 and the general instructions for completing the relevant forms.

   3. A detailed explanation of the source data examined, tested and utilized by the auditor in formulating the auditor's opinion.

   4. A list of documents furnished by the franchisee to the auditor and utilized by the auditor in formulating the auditor's opinion.

   5. A detailed explanation of the auditing methodology utilized by the auditor in formulating the auditor's opinion; and

   6. A detailed explanation of the assumptions, if any, utilized by the auditor in formulating the auditor's opinion. (Ord. 94-06 § 9 (part), 1994.)

4. Auditor's Work Papers. Upon the request of the franchising authority the franchisee shall direct and the franchisee's auditor shall provide to the franchising authority a copy of the auditor's audit work papers utilized in formulating the auditor's opinion described in subsections B and C within five days of such request. These working papers shall be kept confidential by the franchising authority, pursu ant to Government Code § 6254(n), as records exempt from the disclosure requirements of the Public Records Act. No agreement between the franchisee and the franchisee's auditor nor any assertion of ownership or control of the work papers by the franchisee or the franchisee's auditor shall operate to defeat, restrain, frustrate or delimit the rights of the franchising authority to examine and review the work papers. (Ord. 94-06 § 9 (part), 1994.)

5. Submittal Of Incomplete Form 393 By The Franchisee To The Franchising Authority. In the event the franchisee submits FCC Form 393, or any similar form required by the FCC, to the franchising authority without attaching the auditor's opinion required pursuant to subsections B and C, the franchising authority may, in its sole discretion, either

   1. Accept the submittal as complete and draw all adverse inferenc es arising from such inadequacy, provided that the franchising authority gives the franchisee the opportunity to augment the submittal to rectify the insufficiency or

   2. Deem the franchisee's Form 393, or any similar form required by the FCC, as incomplete. In such case, the franchising authority shall return such incomplete form to the franchisee. In the event such form is returned by the franchising authority to the franchisee, the franchisee shall be deemed as not yet having filed its schedule of rates for the basic service tier and associated regulated equipment as provided by 47 CFR § 76.930. (Ord. 94-06 § 9 (part), 1994.)

6. Written Interrogatories. In the event that the franchising authority requires further infor mation to perform its review of the franchisee's proposed rates, the franchising authority may propound written interrogatories to the franchisee with respect to any matter affecting the franchisee's proposed rates. The franchisee shall provide written responses to such interrogatories, along with any requested documentation which supports such responses, within ten days of the date of such interrog atories. Such responses shall be provided under the same certification as required on Form 393 and shall be deemed to be addenda to the Form 393 previously submitted by the franchisee. To the extent such responses or documentation contain proprietary information or data, and upon request of the franchisee identifying with specificity the proprietary information sought to be protected, such responses or documentation shall be kept confidential pursuant to Government Code § 6254(n), as records exempt from the disclosure requirements of the Public Records Act. The franchisee shall be stopped from contesting any adverse determination by the franchising authority if the franchisee fails to provide the requested responses and/or documentation within the time allowed. (Ord. 94-06 § 9 (part), 1994.)

7. Franchising Authority's Power To Audit Franchisee. In determining the propriety of the rates set by the franchisee, the franchising authority, in its sole discretion, is empowered to conduct its own audit of the financial records of the franchisee to determine compliance by the franchisee with applicable law and regulation. Nothing contained in these regulations shall abrogate or delimit the franchising authority's powers to conduct such audit. (Ord. 94-06 § 9 (part), 1994.)

8. Auditing Requirements; Waiver Allowed When. The auditing requirements herein set forth may be waived by the franchising authority upon written request of any franchisee serving less than one thousand residents if less than ten complaints have been filed with the Cable Television Commission relating to the rates charged for service provided by franchisee to those residents during the preceding twelve months. (Ord. 94-06 § 9 (part), 1994.)

1. Refunds To Customers. All refunds owing by franchisee to customers pursuant to 47 CFR § 76.942 shall be paid by the franchisee to customers by direct payment or credited to the customer's bill pursuant to 47 CFR § 76.942(d)(1) or (2) within ninety (90) days from the date of the implementation of a prospective rate reduction pursuant to 47 CFR §§ 76.942(c)(1) or (2). (Ord. 94-06 § 9 (part), 1994.)

2. Trust Account. If, after reasonable and diligent efforts to make payments of monies refundable to customers, the franchisee is unable to effectuate such payment for any reason, the franchisee shall establish an interest-bearing trust account and deposit to it the actual payment of monies refundable to customers who cannot be located and payment effectuated. (Ord. 94-06 § 9 (part), 1994.)

3. Distributions From Trust Account. All moneys which have been on deposit in the trust account for a period of six months or longer, including interest earned thereon, shall be distributed on December 31st of each year to nonprofit organizations selected by the franchisee for public access television programming within the franchise area. Such nonprofit groups shall meet the minimum requirements established from time to time by the franchising authority for such organizations. (Ord. 94-06 § 9 (part), 1994.)

1. Informal Resolution. In the event that the franchisee shall fail, refuse or neglect to comply fully with the requirements of these regulations, the fran chising authority shall, except in instances in which time is of the essence in obtaining the franchisee's compliance and/or the franchis ing authority determines that such efforts would be futile, attempt informal resolution and rectification of the franchisee's noncompliance by informal meeting and/or telephone conference between the franchisee and the franchising authority. Said informal resolution efforts shall be initiated by the franchise authority's general state ment of the alleged violations under investigation and the general nature of the evidence then known to the franchising authority. Notwithstanding the foregoing, the nature and extent of evidence which may be presented by the franchising authority in any subse quent enforcement hearing pursuant to subsection D shall not be limited or abridged by reason of the presentment or non-present - ment or recitation or non-recitation of such evidence in the course of the informal resolution efforts. (Ord. 94-06 § 9 (part), 1994.)

2. Franchising Authority Preference For Cure. To the extent reasonably consistent with the goal of obtaining compliance with these regulations, it shall be the policy of the fran chising authority to notify the franchisee of a possible or alleged violation and, if said violation is then curable, allow a reasonable time for the franchisee to cure the possible or alleged violation. If the franchisee does so cure, in the absence of aggravating circum stances, it shall be the preference of the franchising authority to abstain from further enforcement action. (Ord. 94-06 § 9 (part), 1994.)

3. Determination Of Probable Cause For Enforcement Hearing. In the event that the informal efforts at resolution are ineffective or otherwise inappropriate, the franchising authority may notice the franchisee to meet with the franchising authority on not less than ten days notice to determine whether or not probable cause exists to believe that the franchisee has faded, neglected or refused to comply with the provisions of these regulations.

The probable cause determination shall be initiated by the fran chising authority's general statement of the alleged violations under investigation and the general nature of the evidence then known to the franchising authority. Notwithstanding the foregoing, the nature and extent of evidence which may be presented by the franchising authority in any subsequent enforcement hearing pursuant to subsection D shall not be limited or abridged by reason of the present ment or non-presentment or recitation or nonrecitation of such evidence in the course of the probable cause determination. (Ord. 94 -06 § 9 (part), 1994.)

4. Enforcement Hearing. Upon a determination by the franchising authority pursuant to subsection C that probable cause exists to believe that the franchisee has failed, neglected or refused to comply with the provi sions of these regulations, the franchising authority may hold such hearings, conduct such procedures and impose such remedies as are authorized by these regulations or the franchise pursuant to which the franchisee provides cable television services. (Ord. 94-06 § 9 (part), 1994.)

5. Hearing Conducted By Franchising Authority Or Hearing Officer. The hearing may be conducted either by the franchising authority or, at the sole discretion of the governing body of the franchising authority, by a hearing officer appointed by the governing body to conduct the hearing. (Ord. 94-06 § 9 (part), 1994.)

6. Selection Of Hearing Officer. If the matter shall be referred to a hearing officer, such hearing officer shall be selected from a listing of neutral, unaffiliated candi dates provided by the American Arbitration Association (AAA) in San Francisco, California. From the listing provided, each party shall have ten business days to select three candidates as potential hearing officers. The final selection of the person who will serve as hearing officer will be made by AAA. Any such hearing officer shall be an attorney licensed to practice under the laws of the state of California. The cost of providing quarters for the hearing, fees charged by AAA, the compensation and expenses for the hearing officer, if any, and the per

them cost of any reporter retained to record the proceedings shall. be borne equally by the franchisee and the franchising author ity. The franchising authority is authorized to withdraw the Franchisee's share of such costs from the franchisee's security deposit with the franchising authority. The costs incurred by the parties for attorney's fees, expert witness fees and other expenses shall be borne solely by the party incurring the costs. (Ord. 94-06 § 9 (part), 1994.)

7. 2.100.5 07 Burden Of Proof At Enforcement Hearing. At any hearing conducted pursuant to subsection D, a designee of the franchising authority shall put forth evidence show ing the alleged failure, neglect or refusal to comply with these regulations, and shall have the burden of establishing such violation to the satisfaction of the franchising authority or the hearing officer by a preponderance of the evidence. The franchisee may present such evidence, consistent with subsection H, as it may desire. (Ord. 94-06 § 9 (part), 1994.)

8. 2.100.5 08 Conduct Of The Enforcement Hearing. All witnesses testifying at the hearing shall be sworn. Witnesses shall be subject to direct and cross-examination. However, formal rules of evidence applicable to the trial of civil or criminal proceed ings in the trial courts of this state shall apply to evidence adduced at the hearing only to the extent that such rules are reasonably necessary to the preservation of the probative nature of the evidence proffered. The provisions of the Administrative Procedure Act, commencing at § 11500 of the Government Code or any successor legislative enactment, shall not be applicable to any such hearing. The hearing may be continued from time to time. (Ord. 9406 § 9 (part), 1994.)

9. 2.100.5 09 Recommended Decision Of Hearing Officer.

   1. If the hearing is conducted by a hearing officer, the officer shall, upon conclusion of the hearing, prepare a recommended decision which includes findings of fact and conclusions. The recommended decision shall be filed with the clerk of the governing body of the franchising authority and mailed to the parties not later than thirty calendar days after conclusion of the hearing. Upon receipt of such a recommended decision, the governing body may, without a hearing except as otherwise required below, either

      1. Adopt the recommended decision, including findings of fact and conclusions submitted by the hearing officer.

      2. Adopt the findings of fact and conclusions contained in the recommended decision, modify the decision, and adopt the recommended decision as so revised.

      3. Based upon the record of the hearing, modify the findings of fact, conclusions or decision, and adopt the recommended decision as so revised; or

      4. Reject the recommended decision, including findings of fact and conclusion, and conduct a new hearing before a hearing officer provided at franchising authority's expense.

   2. If the franchising authority acts under either subsections I,1,b, I,1,c or I,1,d of this section, the franchising authority shall set forth clearly its rationale and grounds for so doing. (Ord. 94-06 § 9 (part), 1994.)

10. 2.100.5 10 Decision Of Franchising Authority. If the hearing is conducted by the governing body of the franchis ing authority, upon conclusion of the hearing, the governing body shall adopt a decision, which includes findings of fact and conclu sions. (Ord. 94-06 § 9 (part), 1994.)

11. 2.100.5 11 Monetary Sanctions As Remedies. Remedies which may be imposed for a violation of an order of the franchising authority issued pursuant to these regulations shall include, but not be limited to, the monetary sanctions established by these regulations. The monetary sanctions established by these regulations shall be construed as police power impositions pursuant to the franchising authority's exercise of constitutional police powers pursuant to the franchising authority's franchising ordinance. (Ord. 94-06 § 9 (part), 1994.)

1. Monetary Sanctions. Monetary sanctions may be imposed by the franchising authority upon a finding that the franchisee has not complied with one or more provisions of these regulations. The franchising authority may impose monetary sanctions for a violation of an order of the fran chising authority issued pursuant to these regulations at the conclu sion of a noticed hearing pursuant to Section 2.100.50(D), as to each violation so found, not to exceed the amount(s) set forth for the violations of the applicable violation(s) as set forth below. Any such monetary sanctions are levied as civil sanctions and not as criminal fines or penalties. (Ord. 94-06 § 9 (part), 1994.)

2. Conscious Violation.

   1. A conscious violation is any failure, neglect or refusal of the franchisee to materially comply with any order issued pursuant to these regulations, under such circumstances as to indicate:

      1. A conscious policy of noncompliance with the requirements thereof or

      2. A conscious lack of a policy of compliance with the require ments thereof.

   2. A prior finding of a violation under subsections C or D for substantially the same or similar conduct shall create a rebuttable presumption of conscious action or inaction on the part of the franchisee. For each such violation, the franchising authority may impose a monetary sanction in an amount not to exceed fifty thousand dollars, and in an additional like sum for each month or portion thereof during which the franchisee shall fail, neglect or refuse to rectify said violation beginning thirty days after written notice thereof from the franchising authority to the franchisee. (Ord. 94-06 § 9 (part), 1994.)

3. Inadvertent Subscriber Violation. An inadvertent subscriber violation is any failure, neglect or refusal of the franchisee to comply with the requirements of an order issued under these regulations as to its obligations hereunder in relation to one or more subscribers, including but not limited to refunding or crediting moneys to subscribers pursuant to Section 2.100.40(A) of this chapter and/or 47 CFR § 76.942(d)(1) or (2), under such circumstances as to indicate a pattern of behavior by the franchisee in derogation of the referenced requirement. For each such violation, the franchising authority may impose a monetary sanction:

   1. In an amount not to exceed one hundred dollars for each such subscriber and five thousand dollars in cumulation of the viola tions as to all such subscribers resulting from any substantially continuous behavior, act or omission; and

   2. In an additional like sum for each month or portion thereof during which the franchisee shall fail, neglect or refuse to rectify said violation beginning thirty days after written notice thereof from the franchising authority to the franchisee. (Ord. 94-06 § 9 (part), 1994.)

4. Inadvertent Franchisee Violation. An inadvertent franchisee violation is any failure, neglect or refusal of the franchisee to materially comply with the requirements of an order issued under these regulations with respect to the fran chisee in relation to the franchising authority. For each such viola tion, the franchising authority may impose a monetary sanction in an amount not to exceed five thousand dollars and in an additional like sum for each month or portion thereof during which the franchi see shall fail, neglect or refuse to rectify said violation beginning thirty days after written notice thereof from the franchising authority to the franchisee. (Ord. 94-06 § 9 (part), 1994.)

5. Alternative Remedies. Neither monetary sanctions imposed hereunder nor any order issued by the franchising authority related hereto shall be deemed to bar or otherwise limit the right of the franchising authority to obtain judicial enforcement of the franchisee's obligations by means of specific performance, injunctive relief, mandate or other remedies at law or in equity, including monetary damages. (Ord. 94-06 § 9 (part), 1994.)

3 Revenue And Finance

3 Revenue And Finance

3.01 Transactions And Use Tax

3.04 Sales And Use Tax

3.08 Transient Occupancy Tax

3.09 Del Norte Cannabis Tax Ordinance

3.12 Real Property Transfer Tax

3.16 Reassessment Of Damaged Property

3.19 Reassessment Of Damaged Property Claims And Warrants

3.28 Administrative Costs Recovery Program

3.29 Administrative Fees For The Initiation And Reinstatement Of Real Property Tax Installment Plans

3.32 Criminal Justice Collection Fees

3.35 Authority To Assess Incarceration Costs

3.36 Authority To Assess Probation Costs

3.37 Booking And Processing Fees For Persons Arrested By Specified Agencies And Brought To The County Jail And Criminal Justice Administrative Fees For Other Persons Brought To The County Jail 3.40 Affidavit Of Interest In Land Parcels; Fees

3.01 Transactions And Use Tax 3.01.1 Title 3.01.2 Operative Date 3.01.3 Purpose 3.01.4 Contract With State 3.01.5 Transactions Tax Rate 3.01.6 Place Of Sale 3.01.7 Use Tax Rate 3.01.8 Adoption Of Provisions Of State Law

3.01.9 Limitations On Adoption Of State Law And Collection Of Use Taxes

3.01.10 Permit Not Required

3.01.11 Exemptions And Exclusions 3.01.12 Amendments

3.01.13 Enjoining Collection Forbidden 3.01.14 Severability 3.01.15 Effective Date 3.01.16 Citizens Oversight Committee