Chapter 5.20 — CABLE TELEVISION AND VIDEO SERVICES

The purpose of this chapter is to implement the requirements of the Digital Infrastructure and Video Competition Act of 2006, Public Utilities Code §§ 5800 through 5970 (herein, "the Act"). The Act removed the Town's jurisdiction over most aspects of cable television and similar video services but did require the Town to adopt certain requirements by ordinance to implement the Act's terms. The provisions of this title are designed to regulate video service providers holding State video franchises and operating within the Town. Pursuant to the Act, the Town shall receive a franchise fee from all State video franchise holders operating within the Town. Additionally, the Town has the responsibility to establish and enforce penalties, consistent with State law, against all State video franchise holders operating within the Town for violations of customer service standards, but the Act grants all authority to adopt customer service standards to the State.

(Code 1990, § 5.32.010; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

No person or entity shall provide cable television service or video services for which a state-issued franchise is required under the Act without obtaining and maintaining a franchise therefor. No person or entity shall construct, install or maintain within any public right-of-way in the Town, any equipment or facilities for provision of cable television service or video services without obtaining and maintaining a franchise therefor.

(Code 1990, § 5.32.020; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

For any State video franchise holder operating within the boundaries of the Town, there shall be a fee paid to the Town equal to five percent of the gross revenue of that State video franchise holder. In addition to such fee, there shall be an additional fee paid to the Town equal to one percent of the gross revenue of that State franchise holder for purposes of supporting PEG channel facilities consistent with State and Federal law. Gross revenue, for the purposes of this section, shall have the definition set forth in Public Utilities Code § 5860.

(Code 1990, § 5.32.030; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

Not more than once annually, the Town Manager or designee may examine and perform an audit of the business records of all holders of a State video franchise operating within the boundaries of the Town to ensure compliance with Section 5.20.030.

(Code 1990, § 5.32.040; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

(a)

Any holder of a State video franchise operating within the boundaries of the Town shall comply with all applicable State and Federal customer service and protection standards pertaining to the provision of video service, including, without limitation, the standards set forth in Government Code §§ 53055, 53055.1, 53055.2, and 53088.2.

(b)

The Town Manager shall monitor the compliance of holders of a State video franchise operating within the boundaries of the Town with respect to State and Federal customer service and protection standards. The Town Manager, or 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 will be subject to the following penalties to be imposed by the Town, or such different penalties as may be established by State law:

(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 one thousand $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)

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

(Code 1990, § 5.32.050; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

(a)

Applicants for State video franchises, or amendments to existing franchises, that will authorize the applicant to operate within the boundaries of the Town must concurrently provide complete copies to the Town of any application or amendments to applications filed with the Public Utilities Commission. At a minimum, one complete copy must be provided to the Town Manager.

(b)

Within 30 days of receipt, the Town Manager will provide any appropriate comments to the Public Utilities Commission regarding an application or an amendment to an application for a State video franchise.

(Code 1990, § 5.32.060; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

(a)

Any holder of a State video franchise that proposes to install above-ground facilities in the public right-of- way shall, not less than 20 days prior to installing such facilities, provide written notice to the owner of the private or public property (excluding the public right-of-way) nearest to the proposed facility. For purposes of this subsection, the term "above-ground facilities" shall include only those facilities that are located on the ground or on a base or pedestal that is on the ground and shall exclude aerial or pole-mounted facilities.

(b)

Any franchisee to which this section applies shall provide the Town with a copy of the proposed form of notice to be used in compliance with Subsection (a) of this section, not less than ten days prior to mailing or delivering the notice. The Town may require the franchisee to amend the form of the notice. Once the Town has approved the form of the notice, the franchisee shall not be required to obtain additional approvals of notice from the Town, so long as the franchisee does not materially deviate from the form of notice approved by the Town.

(Code 1990, § 5.32.070; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

(a)

No facilities governed by the Act shall be constructed without securing all encroachment permits necessary for the placement of facilities and equipment within public rights-of-way. The Town reserves all rights it has under State and Federal law to regulate any State franchisee, including, without limitation, the Town's authority under Public Utilities Code § 7901.1.

(b)

In those areas of the Town where the transmission lines and distribution facilities of public utilities providing telephone and electric power service are underground, any State franchisee shall likewise construct, operate, and maintain its transmission and distribution facilities underground.

(c)

No changes in, extensions of, or construction of new poles, anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (collectively, "structures"), in, upon, along, across, under or over any street, alley, or right-of-way shall be commenced until the Town's public works director or designee has

been notified, and any required encroachment permit obtained. All construction and facilities shall comply with California Public Utilities Commission General Orders 95 and 128, as they may be amended or superseded.

(d)

All transmission and distribution structures, lines and equipment erected by a State franchisee shall be located so as not to interfere with the proper use of the public rights-of-way, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of such rights-of- way, and not to materially interfere with existing public and municipal utility installations.

(e)

In the event that any property or improvement of the Town or any other public entity or public utility in the public rights-of-way is disturbed or damaged by a State franchisee or any of its contractors, agents or employees in connection with undertaking any work pursuant to the rights granted to the State franchisee, the State franchisee shall promptly, at its sole cost and expense, restore to the owner's satisfaction such property or improvement which was so disturbed or damaged. If such property or improvement shall within two years (or in the case of street improvement, until the street is resurfaced if resurfaced prior to the expiration of the two years) of the date the restoration was completed, become uneven, unsettled or otherwise require additional restorative work, repair or replacement because of the initial disturbance or damage to the property by the State franchisee, then the State franchisee, as soon as reasonably possible, shall, promptly upon receipt of written notice from the Town or other owner and at the State franchisee's sole cost and expense, restore to the Town or other owner's satisfaction the property or improvement which was disturbed or damaged. Any such restoration by the State franchisee shall be made in accordance with such materials and specifications as may, from time to time, be established by the Town.

(f)

Prior to performing any work in the public right-of-way, a State franchisee shall give appropriate notice to the Underground Service Alert (USA), or any similar type service provider as designated by the Town.

(g)

There shall be no unreasonable or unnecessary obstruction of the public rights-of-way by a State franchisee in connection with any of the work provided for herein. The State franchisee shall maintain any barriers, signs and warning signals during any work performed on or about the public rights-of-way or adjacent thereto as may be necessary to reasonably avoid injury or damage to life and property.

(h)

If the Town lawfully elects to alter or change the grade or location of any public right-of-way, the State franchisee shall, upon reasonable notice by the Town, and in a timely manner, remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

(i)

A State franchisee shall not place poles, conduits or other fixtures above or below ground where the same will interfere with any gas, electric, telephone fixtures, water hydrants or other utility, and all such poles, conduits or other fixtures placed in any street shall be so placed as to comply with all ordinances of the Town.

(j)

In accordance with applicable law, a State franchisee or any utility user of the public rights-of-way may be required by the Town to permit joint use of its poles and/or conduit located in the public rights-of-way, insofar as such joint use may be reasonably practicable and upon payment of a reasonable rental fee for such usage. In the absence of agreement regarding such joint use, each party shall be entitled to exercise any rights and defenses provided by applicable law.

(k)

A State franchisee, on request of any person holding a moving permit issued by the Town, shall temporarily raise or lower its wires or fixtures to permit the moving of buildings. The expense of such temporary raising or lowering of wires or fixtures shall be paid by the person requesting the same, and the State franchisee shall have the authority to require such payment in advance. The State franchisee shall be given not less than five business days prior written notice to arrange for the temporary wire or equipment changes.

(l)

A State franchisee shall have the authority to trim any trees or other natural growth overhanging the public rights-of-way so as to prevent the branches of such trees or other natural growth from coming in contact with the State franchisee's wires, cables and other equipment. The Town may require all trimming of trees and natural growth to be done under its supervision and direction.

(Code 1990, § 5.32.080; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

A State franchisee shall construct, install, operate and maintain any facilities and equipment authorized by its State franchise in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and any detailed standards required by the franchise.

(Code 1990, § 5.32.090; Ord. No. 14-14, § 2(exh. A), 12-17-2014)

By adopting this chapter, the Town Council does not waive or excuse any violation of this chapter as it existed immediately prior to the effective date of the ordinance from which this chapter is derived, or any obligation of any person or entity to which the former version of this chapter applied. To the extent not superseded by State or federal law, the former provisions of this chapter shall be deemed to have remained in effect continuously until the effective date of the ordinance from which this chapter is derived.

(Code 1990, § 5.32.100; Ord. No. 14-14, § 2(exh. A), 12-17-2014)