Fresno County Municipal Code Ch. 6.52 State Video Franchises

This chapter implements the Digital Infrastructure and Video Competition Act of 2006, set forth at Public Utilities Code Section 5800 and following the ("Act"; AB 2987). The Act creates a process for the state, rather than local cities and counties, to grant video service franchises. It will be administered by the California Public Utilities Commission (PUC).

Under the Act, some authority is retained by local cities and counties, and the purpose of this chapter is to implement that local authority in the county of Fresno.

Parenthetical references in this chapter are to the California Public Utilities Code (PUC).

(Ord. 08-018, § 1)

The terms video service, video franchise and holder shall have the same meaning as those terms are defined in Public Utilities Code Section 5830.

Gross revenue has the meaning set forth in California Public Utilities Code Section 5860(d).

Terms not defined here shall have the same meaning as established in (in order or priority): (1) the California Public Utilities Code; (2) commission rules implementing the California Public Utilities Code; and (3) Title 47 United States Code Title VI.

(Ord. 08-018, § 1)

A. Copy of Application to the County. An applicant for a state video franchise within the county must concurrently provide a complete copy to the county administrative officer of any application or amendments to an application filed with the California Public Utilities Commission (CPUC). (PUC Section 5840(n))

B. County Administrative Officer Comments to CPUC. Within thirty days of receipt, the county administrative officer will provide any appropriate comments to the CPUC regarding an application or an amendment to an application for a state video franchise.

(Ord. 08-018, § 1)

A. Franchise Fee. Any state video franchise holder operating within the county service area shall pay a fee to the county equal to five percent of the gross revenues of that state video franchise holder derived from the operation of its franchise within the county service area. (PUC Section 5840(q)) A state video franchise holder shall pay the franchise fee to the county quarterly, within forty-five days after the end of each calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the fee.

B. PEG Fees.

1. Current Fees. Any state video franchise holder operating within the county service area shall pay a PEG fee to the county in amount equal to the existing unsatisfied obligations of the incumbent operator's franchise.

2. Fee to Take Effect Upon Expiration of Incumbent Operator's Franchise. Any state video franchise holder operating within the county service area upon the expiration of the incumbent operator's franchise shall pay a PEG fee to the county equal to one percent of the gross revenue of that state video franchise holder derived from the operation of its franchise within the county service area. A state video franchise holder shall pay the PEG fee to the county quarterly, within forty-five days after the end of each calendar quarter. The county will use the receipts of the PEG fee for purposes consistent with state and federal law. (PUC Section 5870(n))

C. Authority to Examine Records. The county administrative officer may examine the business records of a holder of a state video franchise to ensure compliance with this section. The county may conduct such an examination not more than once each year. (PUC Section 5860(i))

(Ord. 08-018, § 1)

A. Compliance with Customer Service and Protection Standards. 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 in the county. (PUC Section 5900(a) and (b))

B. County Monitoring; Notice of Violation; Penalties. The county administrative officer shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. The county administrative officer 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 days from the receipt of the notice to remedy the specified material breach. A material breach not remedied within the thirty-day time period will be subject to the following county penalties:

1. For the first occurrence of a violation, a fine of five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars for each violation.

2. For a second violation of the same nature within twelve months, a fine of one thousand dollars shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars for each violation.

3. For a third or further violation of the same nature within twelve months, a fine of two thousand five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars for each violation. (PUC Section 5900(c) and (d))

C. Appeal. A state video franchise holder may appeal a penalty assessed by the county administrative officer to the board of supervisors. The period within which an appeal must be filed is within sixty days of the initial assessment. The board of supervisors shall set the matter for hearing, and hear all evidence and relevant testimony. The board of supervisors may uphold, modify or vacate the penalty. The board of supervisors' decision on the imposition of a penalty is final.

(Ord. 08-018, § 1)

A. A state video franchise holder is required to obtain an encroachment permit under Chapter 13.08 before constructing, operating, maintaining or repairing its facilities within the public right-of-way.

B. The county shall either approve or deny an encroachment permit application within sixty days of receiving a completed application. An application is considered complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act (Pub. Res. Code Section 21000 and following).

C. If the county denies the encroachment permit, it shall provide the applicant with a detailed explanation of the reason for denial. A determination regarding the encroachment permit by the director of public works may be appealed to the board of supervisors (PUC Sections 5830(o), 5840(e) and 5885(c)(4)).

(Ord. 08-018, § 1)