Chapter 5.50 — STATE VIDEO FRANCHISES

This chapter is designed to regulate video service providers holding state video franchises and operating within the City of El Paso de Robles.

(Ord. No. 09-961 N.S., § 1, 10-6-2009)

A.

Any state video franchise holder operating within the boundaries of the city shall pay a fee to the city equal to five percent of the gross revenue of that state video franchise holder.

B.

Any state video franchise holder operating within the boundaries of the city shall also pay the city a fee equal to one percent of the gross revenue of that state video franchise holder, which fee shall be used by the city for any public, educational, and/or governmental (PEG) purposes consistent with state and federal law.

C.

Any state franchisee that has held a locally issued franchise agreement shall, consistent with Public Utilities Code § 5870, continue to fully provide and support PEG channel facilities and institutional networks and to provide cable services to community buildings to the maximum extent permitted by law.

D.

Gross revenue, for the purposes of A. and B. above, shall have the definition set forth in California Public Utilities Code § 5860.

E.

The PEG channel facilities fee authorized by subsection B., above, is hereby reauthorized to the extent required by section 5870(n) of the California Public Utilities Code. As such, all state franchisees operating within the City whose franchise is renewed shall continue to collect and remit the PEG channel facilities fee as set forth in this section, and such fee shall be automatically reauthorized as to each affected state video franchise holder upon the expiration of any state video franchise. Any and all reauthorizations shall be effective for so long as such reauthorization is required by law.

(Ord. No. 09-961 N.S., § 1, 10-6-2009; Ord. No. 1057 N.S., § 1, 8-7-2018)

Not more than once annually, the city manager or the manager's designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with section 5.50.020.

(Ord. No. 09-961 N.S., § 1, 10-6-2009)

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 manager or the manager's designee shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. The city manager or the manager's 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 thirty days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty-day time period will be subject to the following penalties to be imposed by the city manager or the manager's designee:

(1)

For the first occurrence of a violation, a fine of up to five hundred dollars may be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars for each violation.

(2)

For a second violation of the same nature within twelve months, a fine of up to one thousand dollars may be imposed for each day the violation remains in effect, not to exceed three thousand dollars for each violation.

(3)

For a third or further violation of the same nature within twelve months, a fine of up to two thousand five hundred dollars may be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars for each violation.

C.

A state video franchise holder may appeal a penalty assessed by the city manager to the city council within sixty 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 a penalty shall be final.

(Ord. No. 09-961 N.S., § 1, 10-6-2009)