Irvine Municipal Code Ch. 1 State Cable Communications Franchises

(a) Any State video franchise holder granted a video franchise by the California Public Utilities Commission ("PUC") ("State franchisee") operating within the boundaries of the City shall pay a franchise fee (the "franchise fee") to the City equal to five percent of the gross revenue of that State franchisee.

(b) Any State franchisee operating within the boundaries of the City shall pay an additional fee (the "PEG fee") to the City equal to one-half of one percent (0.5%) of the gross revenue of that State franchisee, which fee shall be used by the City for PEG purposes consistent with State and federal law.

(i) The City Council may alter this PEG fee amount in a manner allowed by both state and federal law by resolution at a later date.

(c) Gross revenue, for the purposes of (a) and (b) above, shall have the definition set forth in California Public Utilities Code § 5860.

(Ord. No. 07-14, § 2, 5-22-07; Ord. No. 17-03, § 1, 3-14-17)

Not more than once annually, the City may examine and perform an audit of the business records of a State franchisee to ensure compliance with Section 2-11-101.

(Ord. No. 07-14, § 2, 5-22-07)

(a) Any State franchisee(s) shall comply with all applicable State and federal customer service and protection standards pertaining to the provision of video service.

(b) The City Manager, or his/her designee, shall monitor the compliance of State franchisee(s) with respect to State and federal customer service and protection standards. The City Manager, or his/her designee, shall provide the State franchisee(s) written notice of any material breaches of applicable customer service standards, and shall allow the State franchisee(s) 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 by the City Manager, or his/her designee:

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

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

(c) A State franchisee may appeal a penalty assessed to the City Council within 60 days of imposition. After relevant speakers are heard, and any necessary staff reports are submitted, the City Council will vote to uphold, modify or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final.

(Ord. No. 07-14, § 2, 5-22-07)

To the maximum extent allowed by applicable law, the provisions of Sections 2-11-208 through 2-11-223 of the Code shall apply to and bind State franchisees constructing any facilities within PROW or other public property of the City.

(Ord. No. 07-14, § 2, 5-22-07)

To the maximum extent allowed by applicable law, the provisions of Sections 2-11-206B and 2-11-229 of the Code shall apply to and bind any State Franchisee constructing any facilities within any PROW or other public property of the City.

(Ord. No. 07-14, § 2, 5-22-07)