La Habra Heights Municipal Code Ch. 10.9 Telecommunications Regulatory Ordinance

The purpose of this Chapter is to specify regulations governing telecommunications facilities. This Chapter is known and may be cited as the Telecommunications Regulatory Ordinance of the City of La Habra Heights. This Chapter is intended to establish regulatory provisions that authorize the City to regulate cable television and telecommunications services and systems to the extent authorized by Federal and State law including, but not limited to, the Federal Cable Communications Policy Act of 1984, the Federal Cable Television Consumer and Competition Act of 1992, the Federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission and applicable California statutes and regulations.

In accordance with applicable Federal and State law, the City is authorized to grant one (1) or more nonexclusive franchises to construct, reconstruct, operate, and maintain cable television systems within the City limits.

A. Franchise Purposes. A franchise granted by the City under the provisions of this Chapter
may authorize the grantee to do the following:

1. To engage in the business of providing cable service and such other
telecommunications services as may be authorized by law and which grantee elects to
provide to its subscribers within the designated franchise service area.

2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain
cable lines, related electronic equipment, supporting structures, appurtenances, and
other property in connection with the operation of the cable system in, on, over, under,
upon, along and across streets or other public places within the designated franchise
service area.

3. To maintain and operate the franchise properties for the origination, reception,
transmission, amplification, and distribution of television and radio signals, and for
the delivery of cable services and such other services as may be authorized by law.

B. Franchise Required. It is unlawful for any person to construct, install, or operate a cable
television system within any street or public way in the City without first obtaining a
franchise under the provisions of this Chapter.

C. Term of the Franchise. A franchise granted under this Chapter will be for the term
specified in the franchise agreement, commencing upon the effective date of agreement
adopted by the City Council that authorizes the franchise. A franchise granted under this
Chapter may be renewed upon application by the grantee in accordance with the then-
applicable provisions of State and Federal law and of this Chapter.

D. Franchise Territory. A franchise is effective within the territorial limits of the City and
within any area added to the City during the term of the franchise unless otherwise
specified.

E. Federal or State Jurisdiction. This Chapter will be construed in a manner consistent with all applicable Federal and State laws, and it applies to all franchises granted or renewed
after the effective date of this Chapter, to the extent authorized by applicable law.

F. Franchise Nontransferable. The Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior consent of the City Council and then only upon such terms and conditions as may be prescribed by the City Council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the consent of the City Council is null and void. The granting of a security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this section.

The following requirements apply to any change in control of grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If grantee is a partnership or a corporation, prior authorization of the City Council is required where ownership or control of twenty-five (25%) percent more of the partnership interests or the voting stock of grantee, or any company in the tier of companies controlling the grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, singularly or collectively, owns or controls those partnership interests or that voting stock of the grantee, or of grantee’s upper tier controlling companies, as of the effective date of the franchise.

Grantee must notify the City in writing of any foreclosure or judicial sale of all or a substantial part of the grantee’s franchise property, or upon the termination of any lease or other interest covering all or a substantial part of that franchise property. That notification will be considered by the City as notice that a change in control or ownership of the franchise has taken place, and the provisions of this paragraph that require the prior consent of the City Council to that change in control of ownership will apply.

For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the City may inquire as to the qualifications of the prospective transferee or controlling party, and grantee must assist the City in that inquiry. In seeking the City’s consent to any change of ownership or control, grantee or the proposed transfer or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the City not less than one hundred twenty (120) days prior to the proposed date of transfer. The transferee must establish that it possesses the legal, financial, and technical capability to operate and maintain the cable system and to comply with all franchise requirements during the remaining term of the franchise. If the legal, financial, and technical qualifications of the Applicant are determined to be satisfactory, then the City will consent to the transfer of the franchise.

Any financial institution holding a pledge of the grantee’s assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the City that it, or a designee satisfactory to the City, will take control of and operate the cable television system upon grantee’s default in its financial obligations. Further, that financial institution must also submit a plan for such operation within ninety (90) days after assuming control. The plan must insure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding eighteen (18) months unless authorized by the City, in its sole discretion, and during that period of time it will have the right to petition the City to transfer the franchise to another grantee.

Grantee must reimburse the City for the City’s reasonable review and processing expenses incurred in connection with any transfer or change in control of the franchise. These expenses may include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. The total amount of these reimbursable expenses may be subject to maximum limits that are specified in the franchise agreement between the City and the grantee. No reimbursement may be offset against any franchise fee payable to the City during the term of the franchise.

G. Geographical Coverage. The Grantee must design, construct, and maintain the cable
television system so as to have the capability to pass every dwelling unit in the franchise
service area, subject to any service-area line extension requirements or territorial
restrictions set forth in the franchise agreement. After service has been established within
all or any part of the franchise service area by activating trunk or distribution cables,
grantee must provide service to any requesting subscriber within that activated part of the
service area within thirty (30) days from the date of request, provided that the grantee is
able to secure on reasonable terms and conditions all rights-of-way necessary to extend
service to that subscriber within that thirty (30) day period.

H. Nonexclusive Franchise. Every franchise granted is nonexclusive. The City specifically
reserves the right to grant, at any time, such additional franchises for a cable television
system, or any component thereof, as it deems appropriate, subject to applicable State and
Federal law. If addition of another franchisee is proposed, a noticed public hearing must
first be held in accordance with the provisions of Government Code Section 53066.3.

I. Multiple Franchises. The City may grant any number of franchises, subject to applicable
State and Federal law. The City may limit the number of franchises granted, based upon,
but not necessarily limited to, the requirements of applicable law and specific local
considerations, such as:

1. The capacity of the public rights-of-way to accommodate multiple cables in addition
to the cables, conduits, and pipes of the existing utility systems, such as electrical
power, telephone, gas, and sewerage.

2. The benefits that may accrue to subscribers as a result of cable system competition,
such as lower rates and improved service.

3. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents’ property, and the disruption arising from numerous excavations within the public rights-of-way.

   J. Undergrounding. The City may require that any new grantee be responsible for its own underground trenching and the associated costs if, in the City’s opinion, the rights-of way in any particular area cannot reasonably accommodate additional cables.

The application for franchises and renewals thereof must conform to the following provisions:

A. Filing of Applications. Any person desiring an initial franchise for a cable television
system must file an application with the City. A reasonable nonrefundable application fee
deposit in an amount established by the City Council must accompany the application. That
application fee deposit will cover all anticipated costs associated with reviewing and
processing the application, including without limitation costs of administrative review,
financial, legal, and technical evaluation of the applicant, consultants, notice and
publication requirements, and document preparation expenses. If those costs exceed the
application fee deposit, the applicant must pay the difference to the City within thirty (3)
days following receipt of an itemized statement of those costs.

B. Application Contents. An application for an initial franchise for a cable television system
must contain, as applicable:

1. A statement as to the proposed franchise service area.

2. A resume of the Applicant’s prior history, including the experience and expertise of
the Applicant in the cable television and telecommunications industry.

3. A list of the partners, general and limited, of the Applicant, if a partnership, or the
percentage of stock owned or controlled by each stockholder, if a closely-held
corporation. If the Applicant is a publicly owned partnership or corporation, each
owner of ten (10%) percent or more of the partnership interests, or of the issued and
outstanding capital stock, must be identified.

4. A list of officers, directors, and managing employees of the Applicant, together with
a description of the background of each such person.

5. The names and addresses of any parent or subsidiary of the Applicant, or any other
business entity owning or controlling Applicant in whole or in part, or that is owned
or controlled in whole or in part by the Applicant.

6. A current financial statement of the Applicant verified by a certified public
accountant or otherwise certified to be true, complete, and correct to the reasonable
satisfaction of the City.

7. The proposed construction and service schedule, the proposed rate structure for cable
services, and the proposed commitment to provide public, educational, and
governmental access capacity, services, facilities, and equipment.

8. Any additional information that the City deems to be reasonably necessary.

C. Consideration of Initial Applications. Upon receipt of an application for an initial franchise, the City Manager will prepare a report and make recommendations to the City Council concerning that application. A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the City Council. Within thirty (30) days after the close of the hearing, the City Council will make a decision based upon the evidence received at the hearing as to whether the franchise should be granted, and, if granted, subject to what conditions. The City Council may grant one (1) or more franchises, or may decline to grant any franchise.

D. Franchise Renewal. Franchise renewals will be processed in accordance with then-
applicable law and with the renewal terms, if any, of the franchise agreement. The City and
grantee, by mutual consent, may enter into renewal negotiations at any time during the term
of the franchise.

The terms and provisions of a franchise agreement for the operation of a cable television or related telecommunications services may relate to or include, without limitation, the following subject matters:

A. The nature, scope, geographical area, and duration of the franchise.

B. The applicable franchise fee to be paid to the City, including the percentage amount, the
method of computation, and the time for payment.

C. Requirements relating to compliance with and implementation of State and Federal laws
and regulations pertaining to the operation of the cable television system.

D. Requirements relating to the construction, upgrade, or rebuild of the cable television
system, as well as the provision of special services, such as outlets for public buildings,
emergency alert capability, and parental control devices.

E. Requirements relating to the maintenance of a performance bond, a security fund, a letter
of credit, or similar assurances to secure the performance of the grantee’s obligations under
the franchise agreement.

F. Requirements relating to comprehensive liability insurance, workers’ compensation
insurance, and indemnification.

G. Requirements relating to consumer protection and customer service standards, including
the resolution of subscriber complaints and disputes and the protection of subscribers’
privacy rights.

H. Requirements relating to the grantee’s support of local cable usage, including the provision
of public, educational, and governmental access channels, the coverage of public meetings
and special events, and financial support for the required access channels.

I. Requirements relating to construction, operation, and maintenance of the cable television
system within the public rights-of-way, including compliance with all applicable building
codes and permit requirements of the City, the abandonment, removal, or relocation of
facilities, and compliance with FCC technical standards.

J. Requirements relating to record keeping, accounting procedures, reporting, periodic audits,
and performance reviews, and the inspection of grantee’s books and records.

K. Acts or omissions constituting material breaches of or defaults under the franchise
agreement, and the applicable penalties or remedies for such breaches or defaults, including
fines, penalties, liquidated damages, suspension, revocation, and termination.

L. Requirements relating to the sale, assignment, or other transfer or change in control of the
franchise.

M. The grantee’s obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City’s operation and management of the cable system.

N. Such additional requirements, conditions, policies, and procedures as may be mutually
agreed upon by the parties to the franchise agreement and that will, in the judgment of City
staff and the City Council, best serve the public interest and protect the public health,
welfare, and safety.

O. If there is any conflict or inconsistency between the provisions of a franchise agreement
authorized by the City Council and provisions of this Chapter, the provisions of the
franchise agreement will control.

The provisions of this Chapter are applicable to an open video system operator that intends to deliver video programming to consumers in the City over an open video system.

A. Application Contents. The application for an Open Video System will include, but not be
limited to, the following.

1. Before commencing the delivery of video programming services to consumers in the
City over an open video system, the open video system operator must file an
application with the City. That application must include or be accompanied by the
following, as applicable:

a. The identity of the Applicant, including all affiliates of the Applicant.

b. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR
§ 76.1503(b)(1), and the Order of the FCC, all of which relate to certification of
the Applicant to operate an open video system in accordance with Section 653
(a)(1) of the Communications Act and the FCC’s rules.

c. The area or areas of the City that the Applicant desires to serve.

d. A description of the open video system services that will be offered by the
Applicant over its existing or proposed facilities.

e. A description of the transmission medium that will be used by the Applicant to
deliver the open video system services.

f. Information in sufficient detail to establish the Applicant’s technical
qualifications, experience, and expertise regarding the ownership and operation
of the open video system described in the application.

g. Financial statements prepared in accordance with generally accepted accounting
principles that demonstrate the Applicant’s financial ability to:

i. Construct, operate, maintain and remove any new physical plant that is
proposed to be constructed in the City.

ii. Comply with the City’s public, educational, and governmental access
requirements as specified below.

iii. Comply with the City’s requirement that gross revenue fees be paid in the
sum of five (5%) percent, as specified below.

h. An accurate map showing the location of any existing telecommunications
facilities in the City that the Applicant intends to use, to purchase, or to lease.

i. If the Applicant’s operation of the open video system will require the construction of new physical plant and facilities in the City, the following additional information must be provided:

i. A preliminary construction schedule and completion dates.

ii. Preliminary engineering plans, specifications, and a network map of any
new facilities to be constructed in the City, in sufficient detail to identify:

(A) The location and route of all facilities requested.

(B) The locations, if any, for interconnection with the facilities of other
telecommunications service providers.

(C) The specific structures, improvements, facilities, and obstructions, if
any, that the Applicant proposes to remove or relocate on a temporary
or permanent basis.

iii. The Applicant’s statement that, in constructing any new physical plant, the
Applicant will comply with all applicable ordinances, rules, and
regulations of the City, including the payment of all required permit and
processing fees.

j. The information and documentation that is required to be submitted to the City
by a video provider, as specified below.

k. Such additional information as may be requested by the City Manager.

l. A non-refundable filing fee in an amount established by the City Council.

2. If any item of information specified above is determined under paramount Federal or
State law to be unlawful, the City Manager is authorized to waive the requirement
that such information be included in the application.

B. Review of the Application. Within thirty (30) days after receipt of an application that is
deemed complete, the City Manager will give written notice to the Applicant of the City’s
intent to negotiate an agreement setting forth the terms and conditions under which the
operation of the proposed open video system will be authorized by the City. The
commencement of those negotiations will be on a date that is mutually acceptable to the
City and to the Applicant.

C. Agreement Required. No video programming services may be provided in the City by an
open video system operator unless the operator and the City have executed a written
agreement setting forth the terms and conditions under which the operation of the proposed
open video system will be authorized by the City. The agreement between the City and the
open video system operator may contain terms and conditions that relate to the following
subject matters, to the extent that such terms, conditions, and subject matters are not
preempted by Federal statute or regulations:

1. The nature, scope, and duration of the agreement, including provisions for its renewal
or extension.

2. The obligation of the open video system operator to pay to the City, at specified times,
fees on the gross revenues received by the operator, as authorized by 47 CFR
§ 76.1511, in accordance with the following standards and procedures:

a. The amount of the fees on the gross revenues will be five (5%) percent, and will
be paid in lieu of the franchise fees permitted under Section 622 of the
Communications Act.

b. The term "gross revenues" means (1) all gross revenues received by an open
video system operator or its affiliates, including all revenues received from
subscribers and all carriage revenues received from unaffiliated video
programming providers; and (2) all advertising revenues received by the
operator or its affiliates in connection with the provision of video programming,
where such revenues are included in the calculation of the cable franchise fee
paid to the City by the franchised cable operator. The term "gross revenues"
does not include revenues, such as subscriber or advertising revenues, collected
by unaffiliated video programming providers.

3. The obligation of the open video system operator to comply with requirements
relating to information collection and record keeping, accounting procedures,
reporting, periodic audits, and inspection of records in order to ensure the accuracy of
the fees on the gross revenues that are required to be paid as specified above in
paragraph c.2.

4. The obligation of the open video system operator to meet the City’s requirements with
respect to public, educational, and governmental access channel capacity, services,
facilities, and equipment, as provided for in 47 CFR § 76.1505. In this regard, the
following standards and procedures are applicable:

a. The open video system operator is subject to the same public, educational, and
governmental access requirements that apply within the cable television
franchise service area with which its system overlaps.

b. The open video system operator must ensure that all subscribers receive all
public, educational, and governmental access channels within the franchise
service area in which the City’s subscribers are located.

c. The open video system operator may negotiate with the City to establish the
operator’s obligations with respect to public, educational, and governmental
access channel capacity, services, facilities, and equipment. These negotiations
may include the City’s franchised cable operator if the City, the open video
system operator, and the franchised cable operator so desire.

d. If the open video system operator and the City are unable to reach an agreement
regarding the operator’s obligations with respect to public, educational, and
governmental access channel capacity, services, facilities, and equipment within
the City’s jurisdiction, then the following obligations will be imposed:

i. The open video system operator must satisfy the same public, educational,
and governmental access obligations as the City’s franchised cable
operator by providing the same amount of channel capacity for public,
educational, and governmental access and by matching the City’s franchised cable operator’s annual financial contributions in support of
public, educational, and governmental access services, facilities, and
equipment that are actually used by the City. For in-kind contributions,
such as cameras or production studios, the open video system operator may
satisfy its statutory obligation by negotiating mutually agreeable terms
with the City’s franchised cable operator, so that public, educational, and
governmental access services to the City are improved or increased. If
such terms cannot be agreed upon, the open video system operator must
pay to the City the monetary equivalent of the franchised cable operator’s
depreciated in-kind contribution, or, in the case of facilities, the annual
amortization value. Any matching contributions provided by the open
video system operator must be used to fund activities arising under Section
611 of the Communications Act.

ii. The City will impose upon the open video system operator the same rules
and procedures that it imposes upon the franchised cable operator with
regard to the open video system operator’s use of channel capacity
designated for public, educational, and governmental access use when that
capacity is not being used for such purposes.

e. The City’s franchised cable operator is required under Federal law to permit the
open video system operator to connect with its public, educational, and
governmental access channel feeds. The open video system operator and the
franchised cable operator may decide how to accomplish this connection, taking
into consideration the physical and technical characteristics of the cable and the
open video systems involved. If the franchised cable operator and the open video
system operator cannot agree on how to accomplish the connection, the City has
the right to decide. The City may require that the connection occur on City-
owned property or on public rights-of-way.

f. All costs of connection to the franchised cable operator’s public, educational,
and governmental access channel feed must be borne by the open video system
operator. These costs will be counted towards the open video system operator’s
matching financial contributions set forth above.

g. The City will not impose upon the open video system operator any public,
educational, or governmental access obligations that are greater than those
imposed upon the franchised cable operator.

h. If there is no existing franchised cable operator, the provisions of 47 CFR
§ 76.1505(d)(6) will be applicable in determining the obligations of the open
video system operator.

i. The open video system operator must adjust its system to comply with new
public, educational, and access obligations imposed on the City’s franchised
cable operator following a renewal of the cable television franchise; provided,
however, that the open video system operator will not be required to displace
other programmers using its open video system to accommodate public,
educational, and governmental access channels. The open video system operator
must comply with such new public, educational, and governmental access
obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity.

5. If the City and the open video system operator cannot agree as to the application of the FCC’s rules regarding the open video system operator’s obligations to provide public, educational and governmental access under the provisions of paragraph 4 set forth above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR § 76.1514. No agreement will be executed by the City until the dispute has been finally resolved. 6. If the open video system operator intends to maintain an institutional network, as defined in Section 611 (f) of the Communications Act, the City will require that educational and governmental access channels be designated on that institutional network to the same extent that those channels are designated on the institutional network of the City’s franchised cable operator. 7. The authority of an open video system provider to exercise editorial control over any public, educational, or governmental use of channel capacity will be restricted in accordance with the provisions of 47 CFR § 76. 1505(f). 8. The obligation of the open video system operator to comply with all applicable Federal and State statutes and regulations relating to customer service standards, including the Cable Television and Video Customer Service and Information Act (Government Code §§ 53054, et seq.), and the Video Customer Service Act (Government Code §§ 53088, et seq.) 9. If new physical plant is proposed to be constructed within the City, the obligation of the open video system operator to comply with the following rights-of-way use and management responsibilities that are also imposed by the City upon other telecommunications service providers in a nondiscriminatory and competitively neutral manner: a. Compliance with all applicable City building and zoning codes, including applications for excavation, encroachment, and construction permits and the payment of all required permit and inspection fees. b. The coordination of construction requirements. c. Compliance with established standards and procedures for constructing lines across private property. d. Compliance with all applicable insurance and indemnification requirements. e. The repair and resurfacing of construction-damaged streets.

f. Compliance with all public safety requirements that are applicable to telecommunications service providers using public property or public rights-of- way.

10. Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, and other remedies, including fines or the suspension, revocation, or termination of the agreement.

11. Requirements relating to the sale, assignment, or transfer of the open video system.

12. Requirements relating to the open video system operator’s compliance with and implementation of State and Federal laws, rules, and regulations pertaining to the operation of the open video system.

13. Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the City and the open video system operator and that will, in the judgment of the City Council, best serve the public interest and protect the public health, welfare, and safety.

The term "cable system," as defined in Federal law and as set forth in this Code does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multi-channel video programming distributors 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.

A. Multi-channel 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.

B. 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.

C. 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 proscribed by the following Federal
statutory provisions:

1. 47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction to regulate the
provision of direct-to-home satellite services.

2. Section 602 of the Communications Act 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.

D. Video Providers-Registration and Customer Service Standards must comply with all
applicable provisions of the following State statutes unless the customer protection and
customer service obligations of a video provider are specified in a franchise, license, lease,
or similar written agreement with the City:

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

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

E. 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 the effective date of this Chapter, 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:

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

2. The names of the officers of the video provider.

3. 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:

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

b. Customer telephone and office hours.

c. Procedures for billing, charges, refunds, and credits.

d. Procedures for termination of service.

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

f. Complaint procedures and procedures for bill dispute resolution.

g. 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. 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 § 53055.2.

4. 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.

5. In addition to the registration fee specified above, 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 § 53088.2(r) through (t). 6. The City Council may establish a schedule of monetary penalties for the material breach by a video provider of its obligations under subparagraphs (a) through (p) of Government Code § 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 § 53088.2. The provisions of that ordinance must be consistent with the provisions of Government Code § 53088.2. The schedule of monetary penalties may also impose a penalty, as authorized by Government Code § 53056(a), for the failure of a video provider to distribute the annual notice required by Government Code § 53055.1, which penalty may not exceed five hundred ($500.00) dollars for each year in which the notice is not distributed as required by State statute.

The City’s Zoning Code sets forth the regulatory requirements that apply to the siting and construction of various categories of antennas that are commonly used in transmitting or receiving telecommunications services.

A. Telecommunications Service Provided By Telephone. The City Council finds and
determines as follows:

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

2. 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 services provided by other authorized telephone
corporations.

3. 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."

4. 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."

5. The City maintains the power 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, pursuant to CPUC section
2902.

6. Telephone and telegraph corporations are authorized to construct telephone or
telegraph lines along and upon any public road or highway and erect poles, posts,
piers, or abatements 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, pursuant to CPUC

7. The City maintains its authority 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, pursuant to CPUC section 7901.1. Section 7901.1 does not add to or subtract from any existing authority regarding the imposition of fees by the City. 8. Any permit fee imposed by the 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, pursuant to Government Code section 50030. B. Local Requirements. 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 must apply for and obtain, as may be applicable, an excavation, encroachment or building 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. 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.

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

1. 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, which
information is sufficient to enable the City to coordinate multiple projects, as may be
necessary.

2. 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.

3. 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."

C. In recognition of the fact that numerous excavations in the public rights-of-way diminish
the useful life of the surface pavement, and for the purpose of mitigating the adverse
impacts of numerous excavations on the quality and longevity of public street maintenance within the City, the following policies and procedures are adopted:

1. The City Manager is directed to ensure that all public utilities, including telephone
corporations, comply with all local design, construction, maintenance and safety
standards that are contained within, or are related to, a ministerial permit that
authorizes the construction of facilities within the public rights-of-way.

2. The City Manager is directed to coordinate the construction and installation of
facilities by public utilities, including telephone corporations, in order to minimize
the number of excavations in the public rights-of-way. In this regard, based upon
projected plans for street construction or renovation projects, the City Manager is
authorized to establish on a quarterly basis one (1) or more construction time periods
or "windows" for the installation of facilities within the public rights-of-way.
Telephone corporations and other public utilities that submit applications for
ministerial 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.

D. 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 Chapter, 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.

Any person who willfully violates any provision of this title is guilty of a misdemeanor and is punishable as provided for in Article 8 of this Code. The misdemeanor penalty is not applicable to a violation of any provision of this Chapter for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multi-channel video programming distributor or other telecommunications service provider. The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this Article.

If any provision of this Article 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 Article, 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 Article 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 telecommunications service provider; provided, however, that the City must give the affected telecommunications service provider thirty (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 telecommunications service provider to comply with that provision.