Fillmore Municipal Code Ch. 7.38 State Video Franchises

For the purposes of this chapter the following words and terms shall have the meanings set forth in this section:

A. "CPUC" means the California Public Utilities Code.

B. "Franchise holder" means a holder of a state franchise as that term is defined at CPUC section 5830.

C. "Gross revenues" shall have the definition set forth in CPUC section 5860.

D. "Material breach" shall have the definition set forth in CPUC section 5900(j).

E. "PEG" shall refer to public, educational and governmental access operations as addressed at section CPUC section 5870, as may be amended from time to time.

F. "State" shall mean the State of California.

(Ord. No. 14-844, § 2, 1-28-2014)

A. Any franchise holder operating within the boundaries of the city, shall calculate and remit to the city a franchise fee of five percent of its gross revenues in accordance with the following:

1. The fee shall be payable to the city quarterly no later than forty-five days following the end of the calendar quarter for which the payment is due. However, in accordance with CPUC subsection 5860(a) the first remittance by a franchise holder shall not be due until one hundred and eighty days after the provision of service began.

2. As required by CPUC subsection 5860(h), the payment shall be accompanied by a summary explaining the basis for the calculation of the franchise fee. The city prefers to receive summaries in electronic form by email.

3. Pursuant to CPUC subsection 5860(h), if the franchise holder does not pay the franchise fee when due, then the franchise holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent.

B. As required by CPUC subsection 5870(n), the city hereby establishes a fee of one percent of a franchise holder's gross revenues to support PEG facilities, to be paid by any franchise holder operating within the boundaries of the city in accordance with the following:

1. The fee shall be payable to the city quarterly no later than June 1, September 1, December 1 and March 1 for the preceding calendar quarter for which the payment is due.

2. As permitted by CPUC subsection 5870(o), any franchise holder operating in the city may recover the PEG fees required herein as a separate line item on the regular bill of each subscriber.

(Ord. No. 14-844, § 2, 1-28-2014)

Not more than once annually, the city manager or her/his designee may examine and perform an audit of the business records of any franchise holder to ensure compliance with Section 7.36.020 of this code or any other fee or tax as permitted by law.

(Ord. No. 14-844, § 2, 1-28-2014)

A. Any franchise holder shall, at minimum, comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.

B. The city manager or her/his designee will provide a franchise holder with written notice of any material breach of applicable customer service and protection standards, and will allow the franchise holder at least thirty calendar days after the franchise holder's receipt of the notice to remedy the specified material breach. A material breach that is not remedied by the franchise holder within the remedy period shall subject the franchise holder to the following penalties to be imposed by the city:

1. For the first occurrence of a material breach, a penalty of not more than five hundred dollars for each day of each material breach, not to exceed one thousand five hundred dollars for each occurrence of a material breach.

2. For the second violation of the same nature within twelve months, a penalty of one thousand dollars for each day of each material breach, not to exceed three thousand dollars for each occurrence of the material breach.

3. For a third or further violation of the same nature within twelve months, a penalty of two thousand five hundred dollars for each day of each material breach, not to exceed seven thousand five hundred dollars for each occurrence of the material breach.

C. The franchise holder may appeal any imposition of penalties to the city manager. Any appeal must be made within thirty calendar days after the city's delivery of the notice regarding the imposition of penalties. All appeals must be timely submitted in writing to the city clerk. Any appeal must contain a detailed explanation of why the applicant believes that the finding of material breach or the imposition of penalties was inconsistent with statutory requirements or authority.

D. The city manager shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The city manager's decision on the imposition of a penalty shall be final.

E. The city and any franchise holder may mutually agree to extend the time periods specified herein. Any such agreement shall be in writing and executed by the city manager, or her/his designee, and an authorized representative of the franchise holder.

F. Any penalty imposed on the franchise holder pursuant to this section shall be paid to the city. As provided for in section 5900(g) of the CPUC, the city shall submit one-half of all penalties received from a franchise holder to the Digital Divide Account established in section 280.5 of the CPUC.

(Ord. No. 14-844, § 2, 1-28-2014)

A. Any person who applies to be a state franchise holder within the boundaries of the city must concurrently provide complete copies to the city of any application, or amendments to applications, filed with the CPUC. One complete copy must be provided to the city clerk.

B. Within thirty days after receipt of any documents described in subsection A., above, the city manager, or her/his designee will provide any appropriate comments to the CPUC regarding an application or an amendment to an application for a state franchise.

(Ord. No. 14-844, § 2, 1-28-2014)

A. In those areas and portions of the city where the transmission or distribution facilities of both the public utility provided telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the franchise holder shall likewise construct, operate and maintain all of its transmission and distribution facilities underground.

B. When the franchise holder's conduits and other facilities are not being installed underground, the franchise holder shall utilize its existing poles, conduits or other facilities (collectively, "system") to the extent feasible, as reasonably determined by the superintendent, and shall remove all portions of the above-ground system which will no longer be utilized. In addition, all facilities which are installed above ground shall utilize anti-graffiti surfaces.

C. If the city undertakes a program to cause all conduits and other facilities to be located beneath the surface of the streets in any area or throughout the city, then upon reasonable notice to a franchise holder utilizing poles, conduits or other above-ground facilities, any such conduits or other facilities of the franchise holder shall be constructed, installed, placed or replaced beneath the surface of the streets. Any construction, installation, placement, replacement or changes which may be so required shall be made at the expense of the franchise holder, whose costs shall be determined as in the case of public utilities.

(Ord. No. 14-844, § 2, 1-28-2014)

Each franchise holder shall comply with all other applicable laws, codes and regulations.

(Ord. No. 14-844, § 2, 1-28-2014)