Los Angeles Municipal Code § 13.64 Regulation of State Video Franchises and City Video Franchises

Under State law to be effective January 1, 2007, the California Public Utilities Commission (PUC) will have the authority to grant state video franchises. The City of Los Angeles will acquire certain rights and responsibilities with respect to state video franchise holders. These include the receipt of a franchise fee and a fee for Public, Educational and Government (PEG) purposes, both based on a percentage of the gross revenues of state franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules. The City will retain authority, without change, over all City video franchisees until such time as they no longer hold a City franchise, or are no longer operating under a current or expired City franchise. The City may continue to grant, modify, renew, extend or terminate City video franchises for video service until January 1, 2008. After January 1, 2008, the City may modify, renew, extend or terminate existing City video franchises, whether current or expired. For purposes of this article, the terms “City video franchise” and “City video franchisee” shall have the same meaning as the terms “City cable franchise” and “City cable franchisee” as they are used in this Division 13.

SECTION HISTORY

Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.

(a) For any state video franchise holder operating within the boundaries of the City of Los Angeles, there shall be a fee paid to the City equal to five percent of the gross revenue of that state video franchise holder.

(b) For any state video franchise holder operating within the boundaries of the City of Los Angeles, there shall be an additional fee paid to the City equal to one percent of the gross revenue of that state video franchise holder, which fee shall be used by the City for PEG purposes consistent with state and federal law.

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

SECTION HISTORY

Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.

Sec. 13.64.1.1. [Expiration; Reauthorizations.]

(a) If any portion, sentence, clause or phrase of Subsection 13.64.1(b) is found, by a court of competent jurisdiction, to be invalid because Ordinance No. 178,108 is deemed to have expired, then the provisions in 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, Ordinance No. 178,108, and with it Subsection 13.64.1(b), is hereby reauthorized as to that affected state video franchisee. Any and all reauthorizations under the section shall be effective for so long as such reauthorization is required by law.

SECTION HISTORY

Added by Ord. No. 184,867, Eff. 5-15-17.

Not more than once annually, the City’s Information Technology Agency (ITA) may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with Section 13.64.1.

SECTION HISTORY

Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.

(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) ITA shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection

standards. ITA will provide the state video franchise holder written notice of any material breaches of applicable customer and 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 will be subject to the following penalties to be imposed by ITA:

(1) For the first occurrence of a violation, a fine of $500.00 shall be imposed for each day the violation remains in effect, not to

exceed $1,500.00 for each violation.

(2) For a second violation of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation

remains in effect, not to exceed $3,000.00 for each violation.

(3) For a third or further violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the

violation remains in effect, not to exceed $7,500.00 for each violation.

(c) To impose a penalty, ITA staff will evaluate the relevant material breach and propose imposition of a penalty, with notice to be provided to the video franchise holder. Within 60 days of the date of the proposal to impose a penalty, the video franchise holder may request a hearing to contest the penalty. The General Manager of the Information Technology Agency or the General Manager’s designee will then provide an opportunity to be heard, if requested, to the state video franchise holder. After a hearing or waiver thereof, the General Manager or designee will consider the statements made at the hearing, if a hearing is held, as well as any reports, briefs or other documents that have been submitted by the state video franchise holder or by the Information Technology Agency staff. The General Manager or designee will then impose or not impose the penalty, which shall be a final decision.

SECTION HISTORY

Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06. Amended by: Subsec. (c), Ord. No. 180,528, Eff. 3-22-09.

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

(b) ITA will provide any appropriate comments to the PUC regarding an application or an amendment to an application for a state video franchise.

SECTION HISTORY

Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.

Any entity providing video service under an expired City video franchise on January 1, 2007, shall hereby have the terms of its City video franchise extended on the same terms and conditions until January 2, 2008. The extension of a City video franchise does not preclude the City from further modifications, renewals, extensions or termination of that City video franchise.

SECTION HISTORY

Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.