Huntington Park Municipal Code Ch. 26B State Video Franchises

This chapter is designed to regulate video service providers holding state video franchises and operating within the City of Huntington Park.

(§ 1, Ord. 834-NS, eff. March 2, 2009)

(a) Any state video franchise holder operating within the boundaries of the City shall pay a fee to the City equal to 5% of the gross revenue of that state video franchise holder.

(b) Any state video franchise holder operating within the boundaries of the City shall also pay the City a fee equal to 1% of the gross revenue of that state video franchise holder, which fee shall be used by the City for any Public, Educational, and/or Governmental (PEG) purposes consistent with state and federal law.

(c) Any state franchisee that has held a locally issued franchise agreement shall, consistent with Public Utilities Code Section 5870, continue to fully provide and support PEG channel facilities and institutional networks and to provide cable services to community buildings to the maximum extent permitted by law.

(d) Gross revenue, for the purposes of subsections (a) and (b) of this section, shall have the definition set forth in California Public Utilities Code Section 5860.

(§ 1, Ord. 834-NS, eff. March 2, 2009)

Not more than once annually, the City Finance Director or the City Finance Director'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 5-26B.20.

(§ 1, Ord. 834-NS, eff. March 2, 2009)

(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 shall have the right to 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 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30 day time period shall be subject to the following penalties to be imposed by the City Manager or designee:

(1) For the first occurrence of a violation, a fine of up to $500 may be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation.

(2) For a second violation of the same nature within 12 months, a fine of up to $1,000 may be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation.

(3) For a third or further violation of the same nature within 12 months, a fine of up to $2,500 may be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.

(c) A state video franchise holder may appeal a penalty assessed by the City Manager or the City Manager's designee to the City Council within 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.

(§ 1, Ord. 834-NS, eff. March 2, 2009)