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Chapter 12.32

Palos Verdes Estates Municipal Code · 2026-07 edition · updated 2026-09-27 · Palos Verdes Estates

CABLE, VIDEO AND TELECOMMUNICATIONS SERVICE PROVIDERS

Prior legislation: Ords. 484, 497 and 652.

§ 12.32.100. Title.

This chapter is known and may be cited as the cable and video service providers ordinance of the city of Palos Verdes Estates.

(Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

§ 12.32.110. Franchise fee established.

  • A. For any state franchisee, the amount of the franchise fee imposed by Cal. Pub. Util. Code § 5840(q) shall be five percent of gross revenues, as defined in Cal. Pub. Util. Code § 5860(d).

  • B. In accord with Cal. Pub. Util. Code § 5860(a), the city manager will prepare and provide to state franchisees all necessary documentation supporting the percentage franchise fee paid by the incumbent cable operator serving the city.

  • (Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

§ 12.32.120. Notices from state franchisees.

Any notice a state franchisee is required to deliver to the city by Cal. Pub. Util. Code § 5840(m) must be delivered to the city manager.

(Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

§ 12.32.130. Tax, fee or charge applicability to state franchisees.

Nothing in this chapter is intended to limit or restrict in any way the imposition of any existing or future generally applicable, nondiscriminatory, competitively neutral tax, fee, or charge to a state franchisee, city franchisee or the services the franchisees provide. (Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

§ 12.32.140. Customer service provisions for state franchisees.

  • A. A state franchisee shall be subject to the city’s right to enforce compliance with all customer service and protection standards of Cal. Pub. Util. Code § 5900 with respect to complaints received from residents within the city.

  • B. A state franchisee shall comply with the provisions of Cal. Gov. Code §§ 53055, 53055.1, 53055.2, and 53088.2 (with the exception of subsections (q), (r) and (s) of 53088.2) and any other customer service standards pertaining to the provisions of video service established by federal or state laws or regulations.

  • C. The city shall have the right to resolve any disputes concerning a state franchisee’s compliance with the provisions of Cal. Gov. Code §§ 53088.2(a) through (p).

  • D. A state franchisee shall be subject to the following penalties and enforcement procedures for any material breach of the provisions cited above:

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City of Palos Verdes Estates, CA § 12.32.140

PALOS VERDES ESTATES CODE

§ 12.32.160

  1. The city manager shall provide the state franchisee with written notice of any alleged material breach and shall allow thirty days from the date of receipt of said notice for the state franchisee to remedy the specified material breach. A “material breach” shall mean any substantial and repeated failure of a state franchisee to comply with service quality and other specified standards referenced in this chapter. A state franchisee shall not be subject to penalties or held in breach when the alleged material breach was caused by events beyond the reasonable control of the state franchisee.

  2. Notice of the breach(es) must be in writing and must contain findings supporting the decisions. Decisions by the city manager are final, unless appealed to the city council.

  3. If the state franchisee fails to remedy the specified material breach(es) within thirty days, the city may impose monetary penalties on the following schedule:

    • a. Up to five hundred dollars for each day of each material breach, not to exceed one thousand five hundred dollars for each occurrence of a material breach.

    • b. For a second material breach of the same nature within twelve months, up to one thousand dollars for each day of each material breach, not to exceed three thousand dollars for each occurrence of the material breach.

    • c. For a third or further material breach of the same nature within twelve months, up to two thousand five hundred dollars for each day of each material breach, not to exceed seven thousand five hundred dollars for each occurrence of the material breach.

  4. Any monetary penalty imposed under this section may be appealed by the state franchisee to the city council. Appeals must be received in writing by the city clerk within sixty days of imposition of the penalty. The state franchisee may present any relevant written or oral evidence of its choice. The city council may uphold or reverse, in whole or in part, the imposition of the monetary penalties.

Any monetary penalty imposed under this section may be appealed by the state franchisee to the city council. Appeals must be received in writing by the city clerk within sixty days of imposition of the penalty. The state franchisee may present any relevant written or oral evidence of its choice. The city council may uphold or reverse, in whole or in part, the imposition of the monetary penalties.

  1. A material breach for the purposes of assessing penalties shall be deemed to have occurred for each day, following the expiration of the thirty-day notice period, that any material breach has not been remedied by the video service provider, irrespective of the number of customers affected.

  2. Any interested person may seek judicial review of a decision of the city in a court of appropriate jurisdiction. For this purpose, a court of law shall conduct a de novo review of any issues presented.

  3. Any penalty paid to the city shall be allocated consistent with applicable law, particularly Cal. Pub. Util. Code § 5900(g).

  • (Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

§ 12.32.150. PEG compatibility.

The city manager shall ensure PEG transmissions, content, and programming provided by the city to a state franchisee are in a format compatible with the state franchisee’s system. In the alternative, the transmissions, content, and programming may be provided in an industry standard format, in accord with Cal. Pub. Util. Code § 5870(g)(1).

(Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 12.32.160

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.32.180

§ 12.32.160. Interconnection.

To properly serve the city’s interest in PEG programming, each state franchisee and incumbent cable operator must comply with the PEG system interconnection requirements of Cal. Pub. Util. Code § 5870. The city manager, or his or her designee, may make any interconnection determinations of the city under Cal. Pub. Util. Code § 5870, including requiring interconnection where state franchisees or incumbent cable operators fail to reach a mutually acceptable interconnection agreement.

(Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

§ 12.32.170. Other multichannel video programming distributors.

The term “cable system,” as defined in federal law and as set forth in this chapter, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming identified below are not deemed to be “cable systems” and are therefore exempt from this chapter; provided, that their distribution or transmission facilities do not involve the use of the city’s public rights-of-way:

  • A. Multichannel multipoint distribution service (“MMDS”), also known as “wireless cable,” which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology.

  • B. Local multipoint distribution service (“LMDS”), another form of over-the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services.

  • C. Direct broadcast satellite (“DBS”), also referred to as “direct-to-home satellite services,” which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:

    1. 47 U.S.C. Section 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services.
  1. Section 602 of the Telecommunications Act of 1996 states that a provider of directto-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms “tax” and “fee” are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction.

(Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

§ 12.32.180. Definitions.

Unless otherwise expressly stated, the words, terms, phrases, and their derivations set forth in this chapter have the meanings set forth in Cal. Pub. Util. Code § 5830, Title 47 of the United States Code, and Title 47 of the Code of Federal Regulations. Words used in the present tense include the future tense, and words in the singular include the plural number. In addition to the

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City of Palos Verdes Estates, CA § 12.32.180

PALOS VERDES ESTATES CODE

§ 12.32.180

definitions listed in the federal and state statutes listed above, the meanings of the following words, terms and phrases shall be:

“City” means the city of Palos Verdes Estates as represented by its city council or by any delegate acting within the scope of its delegated authority.

“Person” means an individual, partnership, limited liability company, association, joint stock company, trust, corporation, or governmental entity.

“Public, educational or government access facilities” or “PEG access facilities” means the total of the following:

  1. Channel capacity designated for noncommercial public, educational, or government use; and

  • Facilities and equipment for the use of that channel capacity.

“State franchisee” means any holder of a state-issued video franchise operating in the city, as defined in Cal. Pub. Util. Code § 5830(p).

(Ord. 697 § 1, 2010; Ord. 701 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

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▸Contents — Palos Verdes Estates Municipal Code
Palos Verdes Estates Municipal Code
  1. Title 1
  2. Title 2
  3. Chapter 2.12 — POLICE DEPARTMENT
  4. Chapter 2.08 — CITY MANAGER
  5. Chapter 2.10 — FINANCE DIRECTOR
  6. Chapter 2.12 — POLICE DEPARTMENT
  7. Chapter 2.16 — POLICE DEPARTMENT RESERVE CORPS
  8. Chapter 2.24 — COMMISSIONS AND COMMITTEES
  9. Chapter 2.28 — EMERGENCY SERVICES
  10. Chapter 2.32 — UNCLAIMED PROPERTY
  11. Chapter 2.36 — PERSONNEL AND EMPLOYMENT
  12. Chapter 2.38 — POST-EMPLOYMENT LOBBYING
  13. Title 3
  14. Chapter 3.00 — SPECIAL REAL PROPERTY TAX
  15. Chapter 3.04 — ASSESSMENT AND TAX COLLECTION
  16. Chapter 3.08 — SALES AND USE TAX
  17. Chapter 3.24 — PURCHASING SYSTEM
  18. Chapter 3.28 — TRANSPORTATION IMPROVEMENT FUND
  19. Chapter 3.32 — CHARGE FOR SPECIAL POLICE SERVICES
  20. Chapter 3.36 — LAW ENFORCEMENT SERVICES SPECIAL TAX
  21. Title 5
  22. Chapter 5.04 — FORTUNETELLING AND RELATED PRACTICES
  23. Chapter 5.08 — PEDDLERS AND SOLICITORS
  24. Chapter 5.16 — BUSINESS LICENSE TAX
  25. Chapter 5.20 — COMMERCIAL FILM PERMIT
  26. Chapter 5.25 — REAL PROPERTY RECORDS REPORT
  27. Title 6
  28. Chapter 6.04 — ANIMAL CONTROL GENERALLY
  29. Chapter 6.08 — REGULATIONS PERTAINING TO DOGS
  30. Chapter 6.12 — POTENTIALLY DANGEROUS AND VICIOUS DOGS
  31. Chapter 6.16 — VACCINATION
  32. Title 8
  33. Chapter 8.32
  34. Chapter 8.04 — HEALTH CODE
  35. Chapter 8.14
  36. Chapter 8.16 — GARBAGE AND RUBBISH
  37. Chapter 8.18 — SOLID WASTE DISPOSAL
  38. Chapter 8.24 — HANG GLIDERS AND MODEL AIRCRAFT
  39. Chapter 8.32 — OUTDOOR BUSINESS LIGHTING
  40. Chapter 8.36 — SUBSTANDARD PREMISES
  41. Chapter 8.40
  42. Chapter 8.44 — WELLS AND MINES
  43. Chapter 8.52 — MOBILE SOURCE AIR POLLUTION REDUCTION
  44. Chapter 8.56 — SMOKING PROHIBITED
  45. Chapter 8.60 — FIREWORKS
  46. Title 9
  47. Chapter 9.04 — OFFENSES AGAINST PUBLIC DECENCY
  48. Chapter 9.05 — PICKETING
  49. Chapter 9.08 — CURFEW
  50. Chapter 9.12 — WEAPONS
  51. Chapter 9.16 — USE OF BEACHES
  52. Chapter 9.18 — SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDE…
  53. Chapter 9.20
  54. Title 10
  55. Chapter 10.02 — PENALTIES
  56. Chapter 10.08 — TRAFFIC ADMINISTRATION
  57. Chapter 10.12
  58. Chapter 10.16 — TRAFFIC-CONTROL DEVICES
  59. Chapter 10.20 — ONE-WAY STREETS AND ALLEYS
  60. Chapter 10.24 — SPECIAL STOPS
  61. Chapter 10.28 — MISCELLANEOUS DRIVING RULES
  62. Chapter 10.32
  63. Chapter 10.36 — STOPPING, STANDING AND PARKING – VENDING
  64. Chapter 10.40
  65. Chapter 10.44 — STOPPING, STANDING AND PARKING – TIMES
  66. Chapter 10.48 — STOPPING FOR LOADING AND UNLOADING ONLY
  67. Chapter 10.52
  68. Chapter 10.60 — CONGESTION MANAGEMENT PROGRAM
  69. Title 12
  70. Chapter 12.04 — ENCROACHMENTS
  71. Chapter 12.12 — EXCAVATIONS
  72. Chapter 12.16 — STREET TREES
  73. Chapter 12.20 — STREET AND SIDEWALK USE RESTRICTIONS
  74. Chapter 12.24 — PARKS
  75. Chapter 12.32
  76. Title 13
  77. Chapter 13.08 — STORM DRAINS AND STORMWATER MANAGEMENT AND POL…
  78. Chapter 13.12 — UNDERGROUND UTILITY DISTRICTS
  79. Chapter 13.14 — SANITARY SEWERS AND INDUSTRIAL WASTE
  80. Title 15
  81. Chapter 15.04
  82. Chapter 15.08 — ADMINISTRATION
  83. Chapter 15.12
  84. Chapter 15.20
  85. Chapter 15.50 — FLOODPLAIN MANAGEMENT
  86. Title 16
  87. Chapter 16.04 — GENERAL PROVISIONS
  88. Chapter 16.16 — DESIGN STANDARDS
  89. Chapter 16.16 — DESIGN STANDARDS
  90. Title 17
  91. Chapter 17.04 — GENERAL PROVISIONS
  92. Chapter 17.10 — ENVIRONMENTAL QUALITY
  93. Chapter 17.20 — CONDITIONAL USE PERMITS
  94. Chapter 17.22 — SITE PLAN PERMITS
  95. Chapter 17.36 — STATUTE OF LIMITATIONS
  96. Chapter 17.40
  97. Chapter 17.44 — REASONABLE ACCOMMODATION
  98. Title 18
  99. Chapter 18.55 — WIRELESS COMMUNICATIONS FACILITIES
  100. Chapter 18.32 — WALLS AND FENCES
  101. Chapter 18.36 — NEIGHBORHOOD COMPATIBILITY
  102. Chapter 18.37
  103. Chapter 18.39
  104. Chapter 18.40 — MIXED-USE OVERLAY (MU-O) ZONE
  105. Chapter 18.42 — HOME OCCUPATION
  106. Chapter 18.45 — ACCESSORY DWELLING UNITS
  107. Chapter 18.50 — WATER EFFICIENT LANDSCAPING
  108. Chapter 18.60 — NONCOMMERCIAL ANTENNAS
  109. Chapter 18.64 — MOBILEHOME PARKS
  110. Chapter 18.72 — SPECIAL DEVELOPMENT STANDARDS
  111. Chapter 18.73 — REGULATION OF MEDICAL MARIJUANA
  112. Title 19
  113. Chapter 19.01 — DEFINITIONS
  114. Chapter 19.02
  115. Title OL

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