Chapter 15.75 — REGULATION OF STATE VIDEO FRANCHISE HOLDERS

This Chapter is designed to regulate video service providers holding State video franchises and operating within the City.

As of January 1, 2007, the state of California has sole authority to grant State video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (the "Act"). Pursuant to the Act, City is entitled to receive a franchise fee and a fee for public, educational and government (PEG) purposes from all State video franchise holders operating within the City. Additionally, the Act permits City to establish and enforce penalties, consistent with State law, against all State video franchise holders operating within the City for violations of customer service standards. The Act leaves unchanged the City's authority to regulate the City's current cable franchise in accordance with Chapter 15.74, until such time as the current cable franchisee no longer holds a City franchise or is no longer operating under a current or expired City franchise.

(ORD-07-0041 § 1 (part), 2007)

A.

Any State video franchise holder ("State franchise") operating within the boundaries of the City of Long Beach, shall pay a fee to the City equal to five percent (5%) of the gross revenue of that State franchise.

B.

Any State franchise operating within the boundaries of the City of Long Beach, shall pay an additional fee to the City equal to 1.04% of the gross revenue of that State franchise, which fee shall be used by the City for PEG purposes consistent with State and federal law.

C.

Gross revenue, for the purposes of Subsections A and B above, shall have the definition set forth in California Public Utilities Code Section 5860.

(ORD-07-0041 § 1 (part), 2007)

Not more than once annually, the City Manager or his or her designee may examine and perform an audit of the business records of a State franchise to ensure compliance with this Chapter.

(ORD-07-0041 § 1 (part), 2007)

A.

The holder of a State franchise 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 or her designee shall monitor the compliance of State franchises with respect to State and federal customer service and protection standards. The City Manager or designee shall provide the State franchisee(s) holder written notice of any material breaches of applicable customer service standards, and shall allow the State franchisee(s) thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty (30) day time period shall be subject to the following penalties to be imposed by the City:

For the first occurrence of a violation, a penalty of five hundred dollars ($500.00) shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation.

For a second violation of the same nature within twelve (12) months, a penalty of one thousand dollars ($1,000.00) shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation.

For a third or further violation of the same nature within twelve (12) months, a penalty of two thousand five hundred dollars ($2,500.00) shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars ($7,500.00) for each violation.

C.

A State franchise holder may appeal a penalty assessed by the City Manager to the City Council within sixty (60) days of the initial assessment. The City Council shall hear all evidence and relevant testimony and shall vote to either uphold, modify or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final.

(ORD-07-0041 § 1 (part), 2007)

A.

Applicants for State video franchises within the boundaries of the City must concurrently provide complete copies to the City of any application or amendments to applications filed with the PUC. One (1) complete copy must be provided to the City Clerk, and one (1) complete copy to the City Manager.

B.

The City Manager shall provide any appropriate comments to the PUC regarding an application or an amendment to an application for a State franchise in a timely manner.

(ORD-07-0041 § 1 (part), 2007)

A.

If any portion, sentence, clause or phrase of Long Beach Municipal Code Chapter 15.75 is found by a court of competent jurisdiction to be invalid because it is deemed to have expired, then the provisions of this section shall be controlling as of the original effective date of this section.

B.

To the extent reauthorization is required by law upon the expiration of any and all state video franchises, as to each expiration of any affected state video franchisee, Long Beach Municipal Code Chapter 15.75 is hereby reauthorized as to that affected state video franchisee. Any and all reauthorizations under this Chapter shall be effective for so long as such reauthorization is required by law.

(ORD-18-0021 § 1, 2018)