Ridgecrest Municipal Code § 7-115 City response to state video franchise applications

Footnotes:

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Editor's note— Ord. No. 21-05, § 1, adopted May 19, 2021, repealed art. IV, §§ 7-110, 7-111, 7-136—7-146, 7-176—7-178, 7-210—7-213, 7-235—7-244, 7-267—7-269, 7-287—7-295, 7-324—7-329, 7-347—7-353, and enacted a new art. IV as set out herein and later amended. Former art. IV pertained to cable television and derived from 1980 Code §§ 3-5.6.101, 3-5.6.102, 3-5.6.201—3-5.6.204, 3-5.6.206—3-5.6.210, 3-5.6.301—3-5.6.303, 3-5.6.401—404, 3-5.6.501—3-5.6.510, 3-5.6.601—3-5.6.603, 3-5.6.701—3-5.6.704, 3-5.6.706—3-5.6.709, 3-5.6.801—3-5.6.806, 3-5.6.901, 3-5.6.903—3-5.6.907.

State Law reference— Digital Infrastructure and Video Competition Act of 2006, Public Utilities Code § 5800 et seq.

This chapter is designed to regulate video service providers holding state video franchises and operating within the city.

On January 1, 2007, the state became the sole authority with power to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (California Public Utilities Code Section 5800 et seq.) ("DIVCA"). Pursuant to DIVCA, the city shall receive a franchise fee and a fee for public, educational and/or government ("PEG") purposes from all state video franchise holders operating within the city. Additionally, the city acquired the responsibility to establish and enforce penalties, consistent with state law, against all state video franchise holders operating within the city for violations of customer service standards. DIVCA precludes the city from adopting its own standards and grants all authority to adopt customer service standards to the state.

(Ord. No. 21-05, § 1, 5-19-2021)

No person or entity shall provide cable television service or video services for which a state-issued franchise is required under the Act without obtaining and maintaining a franchise. Therefore, no person or entity shall construct, install or maintain within any public right-of-way in the city, any equipment or facilities for provision of cable television service or video services without obtaining and maintaining a franchise therefor.

(Ord. No. 21-05, § 1, 5-19-2021)

(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) Gross revenue, for the purposes of subsection (a) and (b) above shall have the definition set forth in Section 5860 of the California Public Utilities Code.

(Ord. No. 21-05, § 1, 5-19-2021)

(a) The franchise fee and PEG fee shall be remitted to the city on a quarterly basis within 45 days after the end of each quarter for that calendar year. Each payment shall be accompanied by a detailed summary explaining the basis for the calculation of the franchise fee and PEG fee.

(b) If a state video franchise holder fails to pay the fees when due, or underpays the proper amounts due, the state video franchise holder shall pay a late payment charge at the annual interest rate equal to the highest prime lending rate during the period of delinquency, plus one percent. If the state video franchise holder has overpaid the fees, it may deduct the overpayment from its next quarterly payment.

(c) Not more than once annually, the city may examine the business records of a state video franchise holder to ensure compliance with all applicable statutes and regulations related to the computation and payment of franchise fees.

(Ord. No. 21-05, § 1, 5-19-2021)

(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 (such as California Government Code §§ 53055, 53055.1,53055.2 and 53088.2; California Penal Code § 637.5; and the privacy standards of 47 U.S.C. § 551, and as may be further amended or modified).

(b) The city shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. The city 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 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will constitute violations of and be subject to the following penalties to be imposed by the city:

(1) For the first occurrence of a violation, a fine of up to $500.00 may be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each occurrence of the material breach.

(2) For a second violation of the same nature within 12 months, a fine of up to $1,000.00 may be imposed for each day the material breach remains in effect, not to exceed $3,000.00 for each occurrence of the material breach.

(3) For a third or further violation of the same nature within 12 months, a fine of up to $2,500.00 may be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each occurrence of the material breach.

(c) A state video franchise holder may appeal a penalty assessed by the city manager to the city council within 60 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. 21-05, § 1, 5-19-2021)

(a) Applicants for state video franchises within the boundaries of the city must concurrently provide complete copies to the city of any application or amendments to applications filed with the California Public Utilities Commission ("PUC") by providing one complete copy of such document(s) to the city manager.

(b) Within 30 days of receipt, the city will provide any appropriate comments to the PUC regarding an application or an amendment to an application for a state video franchise.

(Ord. No. 21-05, § 1, 5-19-2021)

A state franchise holder shall construct, install, operate and maintain any facilities and equipment authorized by its state franchise in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and any detailed standards required by the franchise.

(Ord. No. 21-05, § 1, 5-19-2021)