Chapter 13.81
Orange Municipal Code · 2026-07 edition · updated 2026-09-27 · Orange
PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES
§ 13.81.010. Fee for Support of PEG Access Facilities and Activities.¶
A. A fee paid to the City is hereby established for the support of public, educational, and governmental (PEG) access facilities and activities within the City, which fee shall be paid by any new City-franchised cable operator and by state video franchise holders operating within the City. Unless a higher percentage is authorized by applicable state or federal law, this fee shall be one percent of a franchisee's gross revenues derived from the provision of video services within the City. The term gross revenues shall be defined as set forth in California Public Utilities Code Section 5860.
B. The fee established by this section shall be remitted quarterly to the City Treasurer and must be received not later than 45 days after the end of the preceding calendar quarter. The fee payment shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based, which summary must be verified by a responsible financial officer or employee of the video service provider.
(Ord. 14-07)
§ 13.81.020. Franchise Fee.¶
A state video franchise holder operating in the City shall pay to the City a franchise fee that is equal to five percent of the gross revenues of that state video franchise holder. The term gross revenues shall be defined as set forth in Public Utilities Code Section 5860. (Ord. 14-07)
§ 13.81.030. Audit Authority.¶
Not more than once annually, the City may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with all applicable statutes and regulations related to the computation and payment of franchise fees. (Ord. 14-07)
§ 13.81.040. Customer Service Penalties Under State Video Franchises.¶
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. The City shall monitor a state video franchise holder's compliance with state and federal customer service and protection standards. The City will provide to the state video franchise holder written notice of any material breaches of applicable customer service and protection standards, and will allow the state video franchise holder 30 days from 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 monetary penalties to be imposed by the City in accordance with state law:
For the first occurrence of a violation, a monetary penalty of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.
For a second violation of the same nature within 12 months, a monetary penalty of
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City of Orange, CA
PUBLIC UTILITIES
§ 13.81.040
§ 13.81.060
$1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.
- For a third or further violation of the same nature within 12 months, a monetary penalty 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 state video franchise holder may appeal a monetary penalty assessed by the City within 60 days. After relevant evidence and testimony is received, and staff reports are submitted, the City Council will vote to either uphold or vacate the monetary penalty. The City Council's decision on the imposition of a monetary penalty shall be final.
(Ord. 14-07)
§ 13.81.050. City Response to State Video Franchise Applications.¶
A. Applications for state video franchises within the boundaries of the City must concurrently provide to the City complete copies of any application or amendments to applications filed with the California Public Utilities Commission. One complete copy must be provided to the City Manager.
B. The City will provide any appropriate comments to the California Public Utilities Commission regarding an application or an amendment to an application for a state video franchise.
(Ord. 14-07)
§ 13.81.060. PEG Access Channel Capacity.¶
A. A state video franchise holder that uses the public rights-of-way shall designate sufficient capacity on its network to enable the carriage of at least three PEG access channels.
B. Additional requirements relating to PEG access channels are as follows:
A state video franchise holder is subject to payment of the PEG support fee specified above in Section 13.81.010.
PEG access channels shall be for the exclusive use of the City or its designees to provide public, educational, or governmental programming.
Advertising, underwriting, or sponsorship recognition may be carried on the PEG access channels for the purpose of funding PEG-related activities.
The PEG access channels shall be carried on the basic service tier.
To the extent feasible, the PEG access channels shall not be separated numerically from other channels carried on the basic service tier, and the channel numbers for the PEG access channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law.
After the initial designation of PEG access channel numbers, the channel numbers shall not be changed without the prior written consent of the City, unless the change is required by federal law.
Each PEG access channel shall be capable of carrying a National Television System
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City of Orange, CA
ORANGE CODE
§ 13.81.060
§ 13.81.090
Committee (NTSC) television signal. (Ord. 14-07)
§ 13.81.070. Interconnection.¶
Where technically feasible, a state video franchise holder and incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing PEG access channel programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. State video franchise holders and incumbent cable operators shall provide interconnection of the PEG access channels on reasonable terms and conditions and may not withhold the interconnection. If a state video franchise holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City may require the incumbent cable operator to allow the state video franchise holder to interconnect its network with the incumbent's network at a technically feasible point on the holder's network as identified by the holder. If no technically feasible point for interconnection is available, the state video franchise holder shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the state video franchise holder requesting the interconnection unless otherwise agreed to by the parties.
(Ord. 14-07)
§ 13.81.080. Emergency Alert System and Emergency Overrides.¶
A state video franchise holder must comply with the Emergency Alert System requirements of the Federal Communications Commission in order that emergency messages may be distributed over the holder's network. Provisions in City-issued franchises authorizing the City to provide local emergency notifications shall remain in effect, and shall apply to all state video franchise holders in the City for the duration of the City-issued franchise, or until the term of the franchise would have expired had it not been terminated pursuant to subdivision (m) of Section 5840 of the California Public Utilities Code, or until January 1, 2009, whichever is later. (Ord. 14-07)
§ 13.81.090. Encroachment Permit Applications.¶
A. As used in this section, the term encroachment permit means any permit issued by the City relating to construction or operation of facilities by the holder of a state video franchise.
B. The City shall either approve or deny an application from a holder of a state video franchise for an encroachment permit within 60 days of receiving a completed application.
C. If the City denies an application for an encroachment permit, the City shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial. An applicant may appeal the City's denial of an encroachment permit application to the City Council. A written notice of appeal stating the facts of the matter and the grounds for appeal shall be filed with the City Clerk within 10 days of the denial. The City Clerk shall set the matter for hearing at a regular meeting of the City Council and shall give the appellant written notice of the time and place of hearing at least five days before the hearing. The decision of the City Council taken after the appellant has had an opportunity to be heard will be final.
(Ord. 14-07)
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City of Orange, CA
PUBLIC UTILITIES
§ 13.82.010
§ 13.82.030
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- Title 1
- Title 2
- Chapter 2.50 — AUDIT ADVISORY COMMITTEE
- Chapter 2.49 — STATEMENT OF INVESTMENT POLICY
- Chapter 2.52 — INDUSTRIAL DEVELOPMENT AUTHORITY
- Chapter 2.80 — ENFORCEMENT OF THE ORANGE MUNICIPAL CODE
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- Chapter 2.15 — GIFTS TO PUBLIC OFFICIALS
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- Chapter 2.20 — ADMINISTRATIVE SERVICE
- Chapter 2.22 — DEPARTMENT OF LAW
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- Chapter 2.48 — HUMAN RESOURCES DEPARTMENT
- Chapter 2.49 — STATEMENT OF INVESTMENT POLICY
- Chapter 2.50 — AUDIT ADVISORY COMMITTEE
- Chapter 2.51 — INVESTMENT ADVISORY COMMITTEE
- Chapter 2.52 — INDUSTRIAL DEVELOPMENT AUTHORITY
- Chapter 2.55
- Chapter 2.60 — PARK PLANNING AND COMMUNITY EVENTS COMMISSION
- Chapter 2.62 — SANTIAGO CREEK COMMISSION
- Chapter 2.64 — PLANNING COMMISSION
- Chapter 2.68 — DISASTER COUNCIL
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- Chapter 2.80 — ENFORCEMENT OF THE ORANGE MUNICIPAL CODE
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- Chapter 3.04 — REAL PROPERTY TRANSFER TAX
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- Chapter 10.02 — DEFINITIONS
- Chapter 10.34 — LIMITED PARKING
- Chapter 10.02 — DEFINITIONS
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- Chapter 12.44
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- Chapter 12.64
- Chapter 12.66 — ENCAMPMENT AND CAMPING PROHIBITED
- Title 13
- Article I — Water System
- Article III — Cable Television System
- Chapter 13.96 — FINANCIAL OBLIGATIONS
- Chapter 13.04 — GENERAL PROVISIONS
- Chapter 13.08 — APPLICATION FOR WATER SERVICE
- Chapter 13.20 — SERVICE OUTSIDE CITY
- Chapter 13.28 — DISCONTINUANCE OF SERVICE
- Chapter 13.56 — SEWER MAINS
- Chapter 13.60 — SANITATION AND SEWAGE CHARGES
- Chapter 13.66
- Chapter 13.80 — GENERAL PROVISIONS
- Chapter 13.81
- Chapter 13.82 — FRANCHISE REGULATIONS FOR VIDEO SERVICE PROVID…
- Chapter 13.84 — SERVICES AND SERVICE AREA
- Chapter 13.86
- Chapter 13.88 — RATES AND CHARGES
- Chapter 13.89 — CUSTOMER SERVICE STANDARDS
- Chapter 13.90 — MISCELLANEOUS PROVISIONS
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- Chapter 13.96
- Title 15
- Chapter 15.04 — CALIFORNIA BUILDING CODE
- Chapter 15.04 — CALIFORNIA BUILDING CODE
- Chapter 15.05 — CALIFORNIA RESIDENTIAL CODE
- Chapter 15.08 — UNIFORM HOUSING CODE
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- Chapter 15.16 — CALIFORNIA PLUMBING CODE
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- Chapter 15.24 — CALIFORNIA ELECTRICAL CODE
- Chapter 15.31 — CITY OF ORANGE WILDLAND-URBAN INTERFACE CODE
- Chapter 15.32 — CITY OF ORANGE FIRE CODE
- Chapter 26 — Fumigation and Insecticidal Fogging. [Deleted]
- Chapter 80 — Referenced Standards
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- Chapter 15.34 — BLASTING PERMITS
- Chapter 15.36 — FIRE DISTRICTS
- Chapter 15.38 — FIRE PROTECTION FACILITIES PROGRAM
- Chapter 15.41 — TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM
- Chapter 15.52 — BUILDING SECURITY STANDARDS
- Chapter 15.53 — CALIFORNIA EXISTING BUILDING CODE
- Chapter 15.54 — CALIFORNIA ENERGY CODE
- Chapter 15.55 — INTERNATIONAL PROPERTY MAINTENANCE CODE
- Chapter 15.57 — CALIFORNIA HISTORIC BUILDING CODE
- Chapter 15.60 — FLOOD DAMAGE PREVENTION
- Title 16
- Chapter 16.20 — IMPROVEMENT SECURITY
- Chapter 16.28 — ENFORCEMENT AND JUDICIAL REVIEW
- Chapter 16.04 — GENERAL PROVISIONS
- Chapter 16.08 — MAPS
- Chapter 16.12 — PROCEDURE
- Chapter 16.16 — REQUIREMENTS—DEDICATIONS—FEES
- Chapter 16.20 — IMPROVEMENT SECURITY
- Chapter 16.24 — REVERSIONS AND EXCLUSIONS
- Chapter 16.28 — ENFORCEMENT AND JUDICIAL REVIEW
- Title 17
- Chapter 17.02 — GENERAL PROVISIONS
- Chapter 17.06 — ZONING DISTRICTS AND MAP
- Chapter 17.10 — SPECIFIC ADMINISTRATIVE PROCEDURES
- Chapter 17.24 — PUBLIC INSTITUTION DISTRICT
- Chapter 17.29 — ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY …
- Chapter 17.02 — GENERAL PROVISIONS
- Chapter 17.04 — DEFINITIONS
- Chapter 17.06 — ZONING DISTRICTS AND MAP
- Chapter 17.08 — GENERAL ADMINISTRATIVE PROCEDURES
- Chapter 17.10 — SPECIFIC ADMINISTRATIVE PROCEDURES
- Chapter 17.12 — GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS
- Chapter 17.13 — MASTER LAND USE TABLE
- Chapter 17.14 — RESIDENTIAL DISTRICTS
- Chapter 17.15 — DENSITY BONUS
- Chapter 17.16 — PLANNED UNIT DEVELOPMENTS
- Chapter 17.17 — HISTORIC DISTRICTS
- Chapter 17.18 — COMMERCIAL DISTRICTS
- Chapter 17.19 — MIXED USE DISTRICTS
- Chapter 17.20 — INDUSTRIAL DISTRICTS
- Chapter 17.22 — AGRICULTURAL AND OPEN SPACE DISTRICTS
- Chapter 17.24 — PUBLIC INSTITUTION DISTRICT
- Chapter 17.26 — PLANNED COMMUNITY DISTRICT
- Chapter 17.28 — OVERLAY DISTRICTS
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- Chapter 17.30 — ALCOHOLIC BEVERAGE CONTROLS
- Chapter 17.32 — SAND AND GRAVEL EXTRACTION DISTRICT
- Chapter 17.34 — OFF-STREET PARKING AND LOADING
- Chapter 17.36 — SIGN REGULATIONS
- Chapter 17.38 — NONCONFORMING USES
- Chapter 17.42 — HAZARDOUS WASTE FACILITIES
- Chapter 17.44 — DEVELOPMENT AGREEMENTS
- Chapter 17.46 — SPECIAL EVENTS
- Chapter OL
- Chapter RC