Article D — OTHER VIDEO — Hidden Hills Municipal Code

2-10D-1: - OTHER MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.

The term "cable system," as defined in federal law and as set forth in Article F of this Chapter, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming identified below are not deemed to be "cable systems" and are therefore exempt from the City's franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of the City's public rights-of-way.

Multichannel multipoint distribution service ("MMDS"), also known as "wireless cable," which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology.

Local multipoint distribution service ("LMDS"), another form of over-the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services.

Direct broadcast satellite ("DBS"), also referred to as "direct-to-home satellite services," which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the

uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:

47 U.S.C. Section 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to- home satellite services.

Section 602 of the Telecommunications Act of 1996 states that a provider of direct-to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms "tax" and "fee" are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction.

(Ord. No. 312, § 2, 10-28-02)

2-10D-2: - VIDEO PROVIDERS—REGISTRATION; CUSTOMER SERVICE STANDARDS.

Unless the customer protection and customer service obligations of a video provider, as that term is defined in Article F of this Chapter, are specified in a franchise, license, lease, or similar written agreement with the City, a video provider must comply with all applicable provisions of the following state statutes:

The Cable Television and Video Customer Service and Information Act (Government Code §§ 53054, et seq.).

The Video Customer Service Act (Government Code §§ 53088, et seq.).

All video providers that are operating in the City on the effective date of this Chapter, or that intend to operate in the City after its effective date, must register with the City; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license, lease or similar written agreement with the City. The registration form must include or be accompanied by the following:

The video provider's name, address, and local telephone numbers.

The names of the officers of the video provider.

A copy of the video provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code §§ 53054, et seq. These customer service standards must include, without limitation, standards regarding the following:

Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling.

Customer telephone and office hours.

Procedures for billing, charges, refunds, and credits.

Procedures for termination of service.

Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates.

Complaint procedures and procedures for bill dispute resolution.

The video provider's written commitment to distribute annually to the City, and to its employees and customers, a notice describing the customer service standards specified above in subparagraphs A. through F. This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code Section 53055.2.

Unless a video provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the City Council to cover the reasonable costs incurred by the City in reviewing and processing the registration form.

In addition to the registration fee specified above in subsection B.4., the written commitment of the video provider to pay to the City, when due, all costs and expenses reasonably incurred by the City in resolving

any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code Section 53088.2(o).

The City Council may establish by ordinance a schedule of monetary penalties for the material breach by a video provider of its obligations under subparagraphs (a) through (n) of Government Code Section 53088.2. As used herein, the term "material breach" means any substantial and repeated failure to comply with the consumer service standards set forth in Government Code Section 53088.2. The provisions of that ordinance must be consistent with the provisions of Government Code Section 53088.2. The schedule of monetary penalties may also impose a penalty, as authorized by Government Code Section 53056(a), for the failure of a video provider to distribute the annual notice required by Government Code Section 53055.1, which penalty may not exceed $500.00 for each year in which the notice is not distributed as required by state statute.

(Ord. No. 312, § 2, 10-28-02)

2-10D-3: - TELECOMMUNICATION SERVICE PROVIDED BY TELEPHONE CORPORATIONS.

The City Council finds and determines as follows:

The Federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit competition in both local and long-distance telephone service.

The California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of local telephone competition, and it issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations.

Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state."

Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line."

Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets.

Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.

Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner. Nothing in Section 7901.1 adds to or subtracts from any existing authority that municipalities have with respect to the imposition of fees.

Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes.

In recognition of and in compliance with the statutory authorizations and requirements set forth above in paragraph A., the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed within the City's public rights-of-way:

The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, or a building permit ("ministerial permit").

In addition to the information required by this Code in connection with an application for a ministerial permit, a telephone corporation must submit to the City the following supplemental information:

A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the City's public rights-of-way. Any applicant that, prior to 1996, provided telecommunications service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a certificate of public convenience and necessity.

If the applicant has obtained from the CPUC a certificate of public convenience and necessity to operate as a "competitive local carrier," the following additional requirements are applicable:

(i)

As required by Decision No. 95-12-057 of the CPUC, the applicant must establish that it has timely filed with the City a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the City during the calendar quarter in which the application is filed, so that the City can coordinate multiple projects, as may be necessary.

(ii)

If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC.

(iii)

The applicant must inform the City whether its proposed construction project will be subject to any of the mitigation measures specified in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects for Local Exchange Communication Service throughout California"] or to the Mitigation Monitoring Plan adopted in connection with Decision No. 95-12-057 of the CPUC. The City's issuance of a ministerial permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as "competitive local carriers."

The City reserves all rights that it now possesses or may later acquire with respect to the regulation of any cable or telecommunications service that is provided, or proposed to be provided, by a telephone corporation. These reserved rights may relate, without limitation, to the imposition of reasonable conditions in addition to or different from those set forth in this section, the exaction of a fee or other form of consideration or compensation for use of public rights-of-way, and related matters; provided, however, that such regulatory rights and authority must be consistent with federal and state law that is applicable to cable or telecommunications services provided by telephone corporations.

(Ord. No. 312, § 2, 10-28-02)

ARTICLE E. - USE OF PUBLIC RIGHTS-OF-WAY

2-10E-1: - FINDINGS; POLICIES AND PROCEDURES.

The City Council finds and determines that numerous and repetitive excavations in the public rights-of-way diminish the useful life of the surface pavement and generally cause adverse negative impacts for local residents, local businesses, and vehicular and pedestrian traffic. The City Council further finds and determines that the utility substructure in the public rights-of-way is subject to potential adverse negative impacts as a consequence of new economic and regulatory policies that foster increased competition between various utility service providers, including telephone corporations, and between other service providers, such as cable system operators. In order to mitigate these potential adverse negative impacts, the following policies are adopted:

The City Manager is directed to develop and to implement public rights-of-way policies and procedures that incorporate, to the extent reasonably feasible and consistent with all applicable laws and regulations, the following requirements that are intended to encourage the shared use by utility and other service providers of existing facilities in the public rights-of-way:

A requirement that utility and other service providers requesting permits review information provided by the City that identifies the location of facilities, such as underground conduits, that are available for shared use, and the owners of those facilities.

A requirement that utility and other service providers requesting permits submit a written statement that describes in reasonable detail the efforts made to obtain from other utility service providers the right to use excess capacity within existing facilities, and to thereby avoid the construction of new facilities.

A requirement that utility and other service providers occupying the public rights-of-way submit annually to the City a map, which may be in a uniform electronic-data format to be specified by the City, that shows the location of their respective facilities in the public rights-of-way. Notwithstanding the foregoing, an updated annual map need not be provided unless there are changes to the location of the service provider's facilities in the public rights-of-way.

Such additional requirements as will encourage utility and other service providers to share excess capacity within previously-constructed facilities and to coordinate the construction of new facilities so as to minimize the number of excavations in the public rights-of-way.

The City Manager is directed to ensure that all utility and other service providers, including telephone corporations and cable system operators, comply with all local design, construction, maintenance and safety standards that are consistent with state and federal laws and regulations and that are contained within, or are related to, any permit that authorizes the construction of facilities within the public rights-of- way, including all applicable insurance provisions.

Based upon the City's projected plans for street construction or renovation projects, the City Manager is authorized to establish on a quarterly basis one or more construction time periods or "windows" for the installation of facilities within the public rights-of-way. Cable system operators, telephone corporations, and other utility service providers that submit applications for permits to construct facilities after a predetermined date may be required to delay such construction until the next quarterly "window" that is established by the City.

The City Council finds and determines that the installation in the public rights-of-way of numerous above- ground facilities by utility service providers, including telephone corporations, and other service providers may create safety hazards and adverse visual impacts. Consequently, the Public Works Department is authorized to impose reasonable conditions in order to mitigate those potential adverse impacts that may result, whether on an individual or a cumulative basis, from permitted above-ground facilities. Those conditions may include or relate to, without limitation, the following:

Prior to issuance of the requisite permits, all above-ground facilities proposed to be installed by a utility or other service provider in the public rights-of-way must be clearly delineated on the plans when they are submitted for the City's review.

The design and installation by qualified professionals of landscaping and barriers to minimize public view of above-ground facilities whose location has been approved by the City.

The maintenance of all above-ground facilities in good condition, including compliance with the City's ordinances regarding graffiti removal. In this regard, a utility or other service provider may be required to affix to its above-ground facilities a coded label or marker that identifies the specific facility and sets forth a telephone number that may be called to report any damage, destruction, or graffiti vandalism involving that facility.

The placement of above-ground facilities, such as overhead drops, as close as possible to other utility drops, consistent with all applicable electrical codes.

Reasonable limitations upon the number of above-ground facilities that may be installed within a designated geographical area.

Reasonable limitations upon the dimensions or volume, or both, of above-ground facilities.

The specification of colors of above-ground facilities reasonably requested by the City to ensure that these facilities blend with the surrounding environment to the maximum extent possible.

Such additional conditions regulating the time, place, and manner of installations of above-ground facilities as will reasonably mitigate potential safety hazards and adverse visual impacts attributable to these facilities.

The City reserves all rights that it now possesses or may later acquire to adopt and implement City-wide requirements for the undergrounding of above-ground facilities, or any portion thereof, in a competitively neutral and non-discriminatory manner. To the extent authorized by law, all utility and other service providers will be required to comply with those requirements at their sole expense.

(Ord. No. 312, § 2, 10-28-02)

ARTICLE F. - DEFINITIONS

2-10F-1: - DEFINED TERMS AND PHRASES.

For the purposes of this chapter, the words, terms, phrases, and their derivations set forth in this chapter have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the plural number.

Affiliate means, when used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. For purposes of this definition, the term 'own' means to own an equity interest, or its equivalent, of ten percent or more.

Cable Service means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally.

Cable System or Cable Communications System or Cable Television System means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term 'cable system' does not include:

(i)

A facility that serves only to retransmit the television signals of one or more television broadcast stations;

(ii)

A facility that serves subscribers without using any public right-of-way;

(iii)

A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the Communications Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

(iv)

An open video system that complies with Section 653 of the Communications Act; or

(v)

Any facilities of an electric utility that are used solely for operating its electric utility system.

Cable System Operator means any person or group of persons:

(i)

Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or

(ii)

Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.

City means the City of Hidden Hills as represented by its City Council or by any delegate acting within the scope of its delegated authority.

______ CFR means the Code of Federal Regulations. Thus, the citation of '47 CFR 80.1' refers to Title 27, part 80, section 1, of the Code of Federal Regulations.

Communications Act means the Communications Act of 1934 (47 U.S.C. §§ 153, et seq.), as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996.

FCC or Federal Communications Commission means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level.

Franchise means an initial authorization, or the renewal of an initial authorization, granted by the City Council, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, or otherwise, that authorizes the construction or operation of a cable system or an open video system.

Franchise Fee means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the City on a Grantee as compensation in the nature of rent for the Grantee's use of the public rights-of-way. The term "franchise fee" does not include:

(i)

Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and Grantees or their services);

(ii)

Capital costs that are required by the franchise to be incurred by a Grantee for public, educational, or governmental access facilities;

(iii)

Costs or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

(iv)

Any fee imposed under Title 17 of the United States Code.

Franchise Service Area or Service Area means the entire geographic area of the City as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement.

Government Code or California Government Code means the Government Code of the State of California.

Grantee means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee.

Gross Annual Cable Service Revenues means the annual gross revenues derived from the Grantee's operations of its cable television system to provide cable services within the City, excluding uncollected bad debt, refundable deposits, rebates or credits, and further excluding any sales, excise, or other taxes or charges that are required to be collected for direct pass-through to the local, state or federal government. Revenues identified and collected from subscribers as franchise fees may not be excluded from a Grantee's gross annual cable service revenues.

Multichannel Video Programming Distributor or Video Programming Distributor means a person such as, but not limited to, a cable system operator, an open video system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers.

Open Video System means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the City, provided that the FCC has certified that such system is authorized to operate in the City and complies with 47 CFR §§ 1500 et seq., entitled 'Open Video Systems.'

Open Video System Operator means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.

Person means an individual, partnership, limited liability company, association, joint stock company, trust, corporation, or governmental entity.

Public, Educational or Government Access Facilities or PEG access facilities, means the total of the following:

(i)

Channel capacity designated for noncommercial public, educational, or government use; and

(ii)

Facilities and equipment for the use of that channel capacity.

Public Utilities Commission or PUC means the Public Utilities Commission of the State of California.

Subscriber or Customer or Consumer means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services.

Street or Public Right-of-Way means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar public property that the City from time to time authorizes to be included within the definition of a street.

Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Telecommunications Equipment means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment.

Telecommunications Service means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used.

Telecommunications Service Provider means any provider of telecommunications service.

____ U.S.C. § ____ means the United States Code. Thus, the citation of '47 U.S.C. § 53' refers to Title 27, section 153, of the United States Code.

Video Programming Provider means any person or group of persons who has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on a cable system or an open video system.

Video Provider means any person, company, or service that provides one or more channels of video programming to a residence, including a home, multi-family dwelling complex, congregate-living complex, condominium, apartment, or mobile home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A 'video provider' includes, without limitation, providers of cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology.

Unless otherwise expressly stated, words, terms, and phrases not defined in this Chapter will be given their meaning as used in Title 27 of the United States Code, as amended, and, if not defined in that Code, their meaning as used in Title 27 of the Code of Federal Regulations.

(Ord. No. 312, § 2, 10-28-02)

ARTICLE G. - VIOLATIONS; SEVERABILITY

2-10G-1: - VIOLATIONS; ENFORCEMENT.

Any person who violates any provision of this Chapter is guilty of a misdemeanor, which is punishable as provided for in Chapter 5 of Title 1 of this Code.

The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter.

(Ord. No. 312, § 2, 10-28-02)

2-10G-2: - SEVERABILITY.

If any provision of this chapter is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this chapter, and such determination will not affect the validity and enforceability of any other provisions. If that paramount federal or state law or regulation is subsequently repealed or amended so that the provision of this chapter determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafter be binding on the City and any affected cable or telecommunications service provider; provided, however, that the City must give the affected cable or telecommunications service provider 30 days written notice of that change before requiring compliance with that provision, or such longer period of time as may be reasonably required for the cable or telecommunications service provider to comply with that provision.

(Ord. No. 312, § 2, 10-28-02)