Redondo Beach Municipal Code Art. 7 State Video Service Franchises

This chapter is applicable to all video service providers who have been awarded state video franchises under California Public Utilities Code Section 5800 et seq., (the Digital Infrastructure and Video Competition Act of 2006) to provide cable or video services in any portion of the City.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

Nothing contained in this article exempts a state franchise holder from compliance with all ordinances, rules or regulations of the City now in effect or which may be hereafter adopted which are not inconsistent with this chapter or California Public Utilities Code Section 5800 et seq., or any obligations under any franchise previously issued by the City insofar as those may be enforced under California Public Utilities Code Section 5800 et seq.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

For purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given in this section. Unless otherwise expressly stated, words not defined in this article shall be given the meaning set forth in the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code, Section 5800 et seq., ("DIVCA"). When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and "including" and "include" are not limiting. The word "shall" is always mandatory.

"Access channel"

means any channel on a cable system or video system set aside by a state franchise holder for public, educational or governmental use.

"Affiliate"

means any person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, franchisee.

"Applicable law"

means all lawfully enacted and applicable Federal, State and City laws, ordinances, codes, rules, regulations and orders as the same may be amended or adopted from time to time.

"Cable service"

means: (1) the one-way transmission to subscribers of video programming or other programming services; and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

"Chief Building Official"

means the Chief Building Official or designee.

"City"

means the City of Redondo Beach, California. Any act that may be taken by the City may be taken by the City Council or any agency, department, agent or other entity now or hereafter authorized to act on the City's behalf.

"City Council"

means the governing body of the City of Redondo Beach, California.

"City Engineer"

means the City Engineer or designee.

"City Manager"

means the City Manager of the City of Redondo Beach or duly authorized designees. Any act that may be taken by the City Manager may be taken by any agency, department, agent or other entity now or hereafter authorized to act on behalf of the City Manager.

"Construction," "operation,"

and similar formulations of those terms mean the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation and tree trimming. The term "operation" does not encompass or regulate the provision of services, but refers to activities affecting rights-of-way and other property subject to the jurisdiction of the City.

"DIVCA"

means the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code, Section 5800 et seq., as may be amended from time to time.

"Gross revenues"

shall have the same meaning as in DIVCA.

"Incumbent cable operator"

shall have the same meaning as in DIVCA.

"Network"

shall have the same meaning as in DIVCA.

"Person"

means an individual, partnership or other entity. The term does not include the City.

"PEG"

means public, educational or governmental.

"Public rights-of-way"

shall have the same meaning as in DIVCA.

"State franchise"

means a franchise issued by the California Public Utilities Commission pursuant to DIVCA.

"State franchise holder"

means a person who holds a state franchise.

"Subscriber"

means the City or any person in the City who legally receives any cable service or video service for a fee from a state franchise holder providing service to the City pursuant to its state franchise.

"Video service"

shall have the same meaning as in DIVCA.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008, as amended by § 1, Ord. 3102 c.s., eff. February 8, 2013)

(a) Any state franchise holder operating within the City shall pay to the City a state franchise fee equal to 5% of the gross revenues of it or any affiliate that is subject to a franchise fee under California Public Utilities Code Section 5860.

(b) The City Manager shall promptly send any state franchise holder that notifies the City that it intends to provide video service in the City, in satisfaction of the documentation provision of California Public Utilities Code Section 5860(a): (1) the franchise fee sections of the franchises held by incumbent cable operators in the City; (2) a sworn statement that the fee required by those sections is being paid to the City, subject to the right of the City to examine the books and records of the incumbent in accordance with applicable law and franchises; and (3) a notice designating the person to whom the state franchise fee payments should be made.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

Any state franchise holder operating within the City shall pay to the City a PEG fee equal to one percent of the state franchise holder's or affiliate's gross revenues subject to the PEG use fee under California Public Utilities Code Sections 5860 and 5870(n).

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

The state franchise fee required pursuant to Section 11-3.704, and the PEG fee required pursuant to Section 11-3.705, shall each be paid to the City quarterly, in a manner consistent with California Public Utilities Code Section 5860. Separate checks shall be provided for the two separate fees. The state franchise holder shall deliver to the City, by check or other means specified by the City, a payment for the state franchise fee and a separate payment for the PEG fee not later than 45 days after the end of each calendar quarter. Each payment made shall be accompanied by a report, detailing how the payment was calculated, in such form as the City Manager may require consistent with DIVCA. Unless the City Manager provides otherwise, the summary statement shall identify:

(a) Revenues received from subscribers, by category, with service revenues broken out by service levels;

(b) Where franchise fees were not paid on any revenues received from subscribers, a list of each category of such revenues and a brief explanation of why franchise fees were not due;

(c) Where the fee is paid on an allocated portion of revenues received, the total revenues received; the allocation factor; and how the allocation factor was calculated.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

The City may examine the business records of the holder of a state franchise in a manner consistent with California Public Utilities Code Section 5860(i).

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

In the event a state franchise holder fails to make payments required by this chapter on or before the due dates specified in this chapter, the City shall impose a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

If an incumbent cable operator obtains a state franchise, any obligations to provide or support PEG channel facilities or institutional networks or to provide cable services to community buildings contained in a City franchise existing on December 31, 2006, shall continue until the local franchise expires, until the term of the franchise would have expired if it had not been terminated pursuant to California Public Utilities Code Section 5840(o), or until January 1, 2009, whichever is later. Subsequently the cable operator shall, at a minimum, comply with all requirements of the California Public Utilities Code regarding PEG access.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

Each state franchise holder shall comply with all applicable customer service and consumer protection standards to the extent consistent with California Public Utilities Code Section 5900, including, but not limited to, all existing and subsequently enacted customer service and consumer protection standards established by State Or Federal law or regulation.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

(a) The City shall enforce the provisions of Section 11-3.7100.

(b) For material breaches by a state franchise holder of applicable customer service and consumer protection standards as defined in California Public Utilities Code Section 5900, the City may impose the following penalties:

(1) For the first occurrence of a material breach, a fine of Five Hundred and no/100ths ($500.00) Dollars may be imposed for each day the violation remains in effect, not to exceed One Thousand Five Hundred and no/100ths ($1,500.00) Dollars for each violation.

(2) For a second material breach of the same nature within 12 months, a fine of One Thousand and no/100ths ($1,000.00) Dollars may be imposed for each day the violation remains in effect, not to exceed Three Thousand and no/100ths ($3,000.00) Dollars for each violation.

(3) For a third material breach of the same nature within 12 months, a fine of Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars may be imposed for each day the violation remains in effect, not to exceed Seven Thousand Five Hundred and no/100ths ($7,500.00) Dollars for each violation.

(c) Any penalties imposed by the City shall be imposed in a manner consistent with California Public Utilities Code Section 5900.

(d) The City Manager is authorized to provide any notices required under California Public Utilities Code Section 5900. The City Manager shall coordinate with the Division of Ratepayer Advocate to protect consumers in the City.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

(a) The City Manager shall establish a system for receiving complaints from citizens regarding complaints about customer service and consumer protection as set forth herein.

(b) Each state franchise holder shall submit to the City Manager quarterly reports showing compliance with federal customer service standards for cable operators that are measured on a quarterly basis, in such form as the City Manager may require consistent with DIVCA. Such reports shall be due within 45 days after the end of each calendar quarter.

(c) Reports addressing telephone answering shall provide data specific to the City if the state franchise holder collects such data in its normal course of business, and otherwise shall provide data reflecting customer call center performance for all call centers serving the City.

(d) The City Council may, by resolution, establish fees to cover the cost of monitoring a state franchise holder's compliance with the customer service and consumer protection responsibilities established by this Article, and any other reasonable costs of administration pursuant to California Government Code Section 53088.2(p).

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

Except as expressly provided in this article, all applicable permitting and/or construction provisions of this Code and all applicable City administrative rules and regulations related to the permitting and/or construction provisions, as now existing or as hereafter amended, that apply to a telephone corporation as that term is used in California Public Utilities Code Section 5885(a) (collectively, "the construction provisions of this Code") shall apply to all work performed by or on behalf of a state franchise holder in any public rights-of-way.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

(a) Prior to commencing any work for which a permit is required by the construction provisions of this Code, a state franchise holder shall apply for and obtain a permit in accordance with those provisions. A permit application is complete when the state franchise holder has complied with all applicable laws and regulations, including, but not limited to all City administrative rules and regulations, and all applicable requirements of Division 13 of the California Public Resources Code, Section 21000, et seq., (the California Environmental Quality Act) and preparation of plans and specifications as required by the City Engineer related to review of the application in accordance with applicable law.

(b) The City Engineer shall, in the exercise of reasonable discretion as permitted by state law, either approve or deny a state franchise holder's application for any permit required under subsection (a) of this section within 60 days of receiving a complete permit application from the state franchise holder, unless that time period is extended by mutual agreement between the City Engineer and the applicant.

(c) If the City Engineer denies a state franchise holder's application for a permit, the City Engineer shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.

(d) A state franchise holder that has been denied a permit by final decision of the City Engineer may, within 15 calendar days, appeal the denial to the City Council. The appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk and by the payment of an appeal fee as set forth by resolution of the City Council. At its regular meeting held at least three days after the filing of a notice of appeal, the City Council shall set a date for the hearing of the appeal, and notice shall be given to the applicant, and to the City Engineer, and by posting as provided herein. The City Engineer shall transmit to the City Council all maps, diagrams, records, papers, and files that constitute the record in the action from which the appeal was taken.

(e) That the City Council shall render its decision within 45 days after the conclusion of said hearing of the appeal. In its decision the City Council may reverse, affirm, or modify the action of the City Engineer, or it may remand such matter to the City Engineer for further study or action. Failure of the Council to render its decision within such period shall be deemed to be an affirmance of the action of the City Engineer.

(f) Notice of any public hearing required under the terms of this title shall be given by posting a public notice in at least three conspicuous places within 300 feet of the affected property, not less than 10 days prior to said hearing. Each such notice shall be headed by the word "Notice," in letters not less than one inch in height. In addition thereto, each notice shall contain the proposed establishment or change of district; or in the case of a use permit, variance or appeal, the use permit, variance or appeal applied for, a brief general description of the property involved, and the time and place at which the public hearing will be held. The City Clerk shall cause notices to be posted for hearings to be held before the City Council. The person posting said notices shall file a certificate of such posting together with a copy of said notice with the City Clerk.

(g) Any defect or error appearing in any such notice shall not divest the City Council of jurisdiction nor invalidate any proceedings.

(h) In addition to the posting requirements pursuant to subsection (f) of this section, the City Clerk, at least five days prior to the hearing to be held before the City Council, shall cause to be mailed, postage prepaid, a notice of the time and place of such hearing to all persons whose names and addresses appear on the latest adopted tax roll of the City of Redondo Beach, or as known to the City Clerk, as owning property within a distance of not more than 300 feet from the exterior boundaries of the area actually occupied or to be occupied by the use which is the subject of the hearing. Unless an applicable State law provides to the contrary, the failure to mail such notice to all of said persons shall not operate to divest the City Council of jurisdiction to conduct any hearing required to be held, The City Council hereby declares that the purpose of providing that said notice be mailed is to give said property owners within said 300 feet information as to any proposed change or modification of the use of said property, and the City Council hereby declares that jurisdiction to conduct said hearing shall be obtained upon the posting of notices required by this section.

(i) The issuance of a permit under the construction provisions of this Code is not a franchise, and does not grant any vested rights in any location in the public rights of way, or in any particular manner of placement within the rights of way. Without limitation, a permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place facilities underground, upon reasonable notice to the permittee.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

Each state franchise holder shall comply with the emergency alert system requirements of the Federal Communications Commission in order that emergency messages may be distributed over the state franchise holder's network.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)

Unless otherwise specified in this chapter, all notices or other documentation that a state franchise holder is required to provide to the City under this article or the California Public Utilities Code shall be provided to the City Manager.

(§ 1, Ord. 3017 c.s., eff. June 20, 2008)