Chapter 5.08 — CABLE TELEVISION

Editor's note— Ord. No. 08-05, § 2(Exh. A), adopted June 3, 2008, repealed the former Ch. 5.08, §§ 5.08.010—5.08.360, and enacted a new Ch. 5.08 as set out herein. The former Ch. 5.08 pertained to cable television and derived from prior Code §§ 9-101—9-136.

A. This chapter is designed to regulate video service providers holding state franchises and operating within the city. B. The provisions of this chapter are to be construed in a manner that is consistent with the California Public Utilities Code and the applicable rules of the California Public Utilities Commission. C. The rights reserved to the city under this chapter are in addition to all other rights of the city, whether reserved by this chapter or authorized by law, and no action, proceeding, or exercise of a right shall affect any other rights which may be held by the city. D. Except as otherwise provided by the Act, a state video franchise granted by the commission shall not include, or be a substitute for: 1. Compliance with generally applicable requirements for the privilege of transacting and carrying on a business within the city; 2.

Any permit or authorization required in connection with operations on, or in public rights-of-way or public property, including, but not limited to encroachment permits; 3. Any permit, agreement or authorization for occupying any other property of the city or any private person to which access is not specifically granted by the state franchise; 4. Any permit or authorization required in connection with construction within the city, including, but not limited to building permits. E. Except as otherwise provided in the Act, a state franchise shall not relieve a state franchisee of its duty to comply with all laws, including the ordinances, resolutions, rules, regulation and other laws of the city. F. Nothing contained in this chapter shall ever be construed so as to exempt a state franchise holder from compliance with all ordinances, rules or regulations of the city now in effect or which may hereafter be adopted. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)

All terms used in this chapter shall be defined as defined by the Act or by the Orinda Municipal Code; in the event a term is defined in both places, the definition in the Act shall apply to this chapter. As used in this chapter: "Act" means the Digital Infrastructure and Video Competition Act of 2006, California Public Utilities Code section 5800 et seq., as it may be amended from time to time. "Commission" means the California Public Utilities Commission. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)

Every state video franchise holder operating within the city shall pay a franchise fee to the city in the amount of five (5) percent of the state video franchise holder's gross revenues derived from the operation of the state video franchise holder's network to provide video service within the jurisdiction of the city. The payment schedule and late payment charge shall be in accordance with section 5860(h) of the California Public Utilities Code. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)

A. The city reserves the right to request that state video franchise holders designate and activate PEG channels on their networks in accordance with the rules set forth in section 5870 of the California Public Utilities Code. A state video franchise holder shall provide an additional PEG channel when the standards set forth in section 5870(d) of the California Public Utilities Code are satisfied. B. The city reserves the right to adopt an ordinance requiring state video franchise holders operating in the city to pay a PEG support fee to the city in the amount authorized by the Act. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)

To the extent consistent with the Act, the city manager's office may examine the business records of a holder of a state video franchise in order to ensure compliance with this chapter. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)

A state video franchise holder may not discriminate against or deny access to service to any group of potential residential subscribers because of the income of the residents in the area in which such group resides. The city may bring complaints to the commission that a state video franchise holder is not offering video service as required by the Act. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)

A. All holders 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, including those referenced in the Act. B. Section 53088.2(e) of the California Public Utilities Code requires all video service providers to answer customer telephone calls promptly, and allows local governments to establish standards for what constitutes promptness. In the city, "promptness" means answering customer calls within one (1) minute. This standard shall be met at least ninety (90) percent of the time. C. The city manager's office may monitor compliance with state and federal standards. Monetary penalties may be assessed for a material breach of those standards unless the breach is out of the reasonable control of the state video franchise holder. Before imposing monetary penalties, the city manager's office will provide the state video franchise holder with written notice of any material breaches of applicable

customer service standards, and will allow the state video franchise holder thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty-day time period may be subject to the following penalties imposed by the city: 1. For the first occurrence of a violation, a fine of five hundred dollars ($500.00) for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation. 2. For a second violation of the same nature within twelve (12) months, after notice and assessment of a fine by the city for the first violation, a fine of one thousand dollars ($1,000.00) for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation. 3. For a third or further violation of the same nature within twelve (12) months, after notice and assessment of a fine by the city for the first and second violations, a fine of two thousand five hundred dollars ($2,500.00) for each day the violation remains in effect, not to exceed seven thousand five hundred dollars ($7,500.00) for each violation. D. A state video franchise holder may appeal a penalty assessed by the city manager's office to the city council within ten (10) days of the initial assessment. The city council shall hear all evidence and relevant testimony and may uphold, modify, or vacate the penalty. The city council's decision on the imposition of the penalty shall be final. E. One-half (½) of each penalty collected by the city shall be submitted to the digital divide account established by Section 280.5 of the California Public Utilities Code. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)

A. Holders of and applicants for state video franchises within the boundaries of the city shall provide complete copies to the city manager's office of any application, amendments to applications, or other notices filed with the commission. B. The city manager's office may provide any appropriate comments to the commission regarding an application or an amendment to an application for a state video franchise. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)

To the extent consistent with the Act, each state video franchise holder shall provide the system capability to transmit an emergency alert to all participating subscribers, in the form of an emergency override capability to permit the city to interrupt and transmit an audio message on all channels simultaneously in the event of a disaster or public emergency. (Ord. No. 08-05, § 2(Exh. A), 6-3-08)