Chapter 16 — CABLE TELEVISION SYSTEMS

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*Note--Chapter 16, Cable Television Systems, added by Ord. No. 4565 (N.S.), effective 10-10-75. Heading amended by adding thereto words Article I, General Provisions, by Ord. No. 5576 (N.S.), effective 9-6-79.

Cross reference(s)--Excavations, fills and obstructions, § 71.301 et seq.; construction and excavation permit fee, § 71.407; definition of cable television lines applicable to subdivision of land, §81.102; grading, clearing and watercourses, § 87.101 et seq.

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Under the California Digital Infrastructure and Video Competition Act of 2006, (Division 2.5 of the Public Utilities Code, commencing with section 5800), which became effective January 1, 2007, all video service providers are required to operate under a State or local franchise. All County issued franchise agreements have expired or were terminated. Any person or corporation wishing to provide video service in the unincorporated County must now obtain a franchise from the State. This chapter, to the extent allowed by State and federal law, regulates video service providers who have obtained a franchise from the State to provide video services in the unincorporated County.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

State law reference(s)--Authority to license, Gov. Code, § 52066.

The following definitions shall apply to this chapter:

(a) "FCC" means the Federal Communications Commission.

(b) "Franchise" has the same meaning as the term "franchise" in Public Utilities Code section 5830(f).

(c) "Gross revenues" has the same meaning as the term "gross revenues" in Public Utility Code section 5860(d).

(d) "Normal business hours" mean those hours during which most similar businesses in the community are open to service customers. In all cases, "normal business hours" shall include some evening hours at least one night per week and/or some weekend hours.

(e) "Normal operating conditions" mean those service conditions which are within the control of the cable operator. Conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, and severe or unusual weather conditions. Conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

(f) "Service interruption" means the loss of picture and/or sound on one or more channels.

(g) "Subscriber" means any person who lawfully receives signals from a cable television system or other video service system.

(h) "Video service" has the same meaning as the term "video service" in Public Utilities Code section 5830(s).

(Amended by Ord. No. 5576 (N.S.), effective 9-6-79; amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 8288 (N.S.), effective 9-2-93; amended by Ord. No. 9306 (N.S.), effective 3-8-01; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

Cross reference(s)--Definitions, § 12.101 et seq.

It shall be unlawful for any person, in the unincorporated area of the County, to provide video service without a franchise issued by the State.

(Added by Ord. No. 5232 (N.S.), effective 9-21-78; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

A license issued by the County shall expire as provided under the terms of the license agreement. If a license expires before January 2, 2008, the licensee shall be entitled to renew the license until January 2, 2008, provided the licensee intends to apply for a State franchise. The license may be terminated by the licensee as provided by Public Utilities Code section 5840(o)(3) or by the County pursuant to Public Utilities Code section 5930(c). The licensee and the County may also mutually agree to terminate the license.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

All franchisees operating under a State franchise shall pay the County the franchise fee as provided by Public Utilities Code sections 5800 et seq.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

The Commission shall have the power to regulate and establish rates and charges by licensees for cable service, and for installation and equipment charges in accordance with the requirements of 47 U.S.C. 543 and the rules and regulations prescribed by the FCC. Whenever a licensee requests an increase of any rate or charge requiring County approval the Commission shall hold a public hearing to determine whether the increase is justified. The Commission shall provide a procedure at the hearing to hear and consider the views of interested parties.

(Added by Ord. No. 8304 (N.S.), effective 10-21-93; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) All franchisees shall comply with the minimum technical standards established by the FCC relating to the cable systems technical operations and signal quality.

(b) Franchisees shall upgrade their systems and services to accommodate newer or different technologies while meeting or exceeding customer service and consumer protection standards established by State and federal law and regulations.

(c) The County may conduct periodic checks on cable systems, to insure compliance with this section.

(Amended by Ord. No 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

(a) A licensee shall keep a record of all subscriber complaints. Investigation and resolution of complaints shall be effected at the earliest possible time after receipt of complaint. The record shall indicate the date, time and corrective action taken by the licensee. The licensee shall retain the subscriber complaint record for at least three years. A copy of the subscriber complaint record shall be submitted to the Commission staff upon request.

(b) If a subscriber is unable to obtain satisfactory resolution of a complaint filed with a licensee, the subscriber may notify the Commission in writing, stating the subscriber's name and address, the licensee involved, the nature of the complaint and the action taken to secure resolution of the complaint by the licensee.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

A licensee shall not provide cable television service to any person who redistributes the service to another person, unless the licensee retains all responsibilities and obligations under State law and this chapter to the County and the ultimate recipient of the service.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

A licensee shall, at its own expense and at the request of a public agency, provide and maintain facilities and service as follows:

(a) One cable television connection to each public elementary school site, public secondary school site, community and state college and university site, and public educational administrative building within its authorized service area. A licensee shall not be required to provide the distribution system within the facilities.

(b) One cable television connection to each County unit such as Sheriff's stations, fire stations, public libraries, and other County facilities within its cable television service area. A licensee shall not be required to provide the cable television distribution system within the facilities.

(c) A licensee shall not charge the County or public schools any fee for providing the distribution of visual images or audio signals to any of the buildings connected pursuant to this section, except the pay services requested by the user.

(d) In the event that the public agency desires additional services, a licensee shall provide these services, charging the recipient of the service the actual variable cost to the licensee for the services.

(e) For good cause shown, the County may waive the connection requirements under this section or grant extensions of time to comply.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Unless specifically exempted by the County a franchisee shall install cable television system lines underground in all subdivision areas in which the County requires utilities to be placed underground.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

Cross reference(s)--Excavations, fills and obstructions, § 71.301 et seq.; construction and excavation permit fee, § 71.407; grading, clearing and watercourses, § 87.101 et seq.

Upon the expiration or forfeiture of the license, the County, at its option, may acquire all or any part of a licensee’s lines and equipment.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

A licensee is required to comply with the following additional requirements:

(a) A licensee shall have no right to sell its subscribers' mailing lists and consumer surveys, unless a subscriber requests that his name be included in the mailing lists.

(b) A licensee that provides channels that carry sexually explicit programming shall notify its customers by written notice at the time of connection to the cable system and at least once every year, and that it will block out all sexually explicit channels upon request at no cost to the subscriber. The licensee may select the method to block out the channel, but the channel must be totally blocked out without negative effects on other channels.

(Amended by Ord. No. 6049 (N.S.), effective 6-11-81; amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 8392 (N.S.), effective 5-26-94; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Once a year the Commission staff may request a licensee provide a service area map and service extension timetable showing the areas to be provided cable television service for the next year.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

A franchisee shall meet or exceed the following subscriber service and promptness standards:

(a) Maintain a local, toll-free or collect call telephone access line which shall be available to its subscribers 24 hours a day, seven days a week that provides:

(1) Trained company representatives to respond to subscriber telephone inquiries during normal business hours.

(2) An access line after normal business hours that shall be answered by a service or an automated response system.

The franchisee shall respond to inquiries received after normal business hours on the next business day.

(3) Sufficient personnel and telephone lines so that under normal operating conditions:

(A) Telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the

connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time, measured on a quarterly basis.

(B) A subscriber receives a busy signal less than three percent of the time.

(b) Perform installations and service calls, under normal operating conditions, 95 percent of the time, measured on a quarterly basis, as follows:

(1) Complete standard installations within seven business days after an order has been placed. Standard installations

are those that are located within 125 feet from the existing distribution system.

(2) Begin working on a service interruption promptly and in no event more than 24 hours after it is aware of the

interruption. The franchisee shall also begin correcting any other service problem the next business day after it is aware of the problem.

(3) Offer appointment window alternatives for installations, service calls, and other installation activities at either a

specific time or, at maximum, a four-hour time block during normal business hours. The franchisee may also schedule service calls and other installation activities outside of normal business hours if convenient to subscribers.

(4) Not engage in the practice of cancelling an appointment with a customer after the close of business on the business

day prior to the scheduled appointment.

(5) Contact a subscriber if its representative will be late for a service appointment. If the appointment has to be

rescheduled the franchisee shall reschedule the appointment at a day and time convenient to the subscriber.

(c) Require employees and agents who contact subscribers or potential subscribers outside the franchisee’s office to wear clothing or have in their possession a form of identification, indicating their affiliation with the franchisee.

(d) Notify subscribers:

(1) When service begins, annually and any time upon request, of the following information:

(A) Products and services offered;

(B) Prices and options for programming services and conditions of subscription to programming and other services;

(C) Installation and service maintenance policies;

(D) Instructions on how to use the cable service;

(E) Channel positions and programming carried on the system; and

(F) Billing and complaint procedures, including the address and telephone number of the licensee's local office.

(2) A minimum of 30 days in advance of any changes in rates, programming services, channel positions or the

information in subsection (d)(1) above, unless circumstances beyond the franchisee’s control preclude the franchisee from giving 30 days’ notice, in which case the franchisee shall give notice as soon as practicable. A franchisee shall provide the notice required under this subsection by announcements on the cable system and in writing.

(e) Follow the below billing rules:

(1) Bills shall be clear, concise, understandable and fully itemized, with itemizations including, but not limited to, basic

and premium service charges and equipment charges. Bills shall also delineate all activities during the billing period, including optional charges, rebates, and credits.

(2) In case of a billing dispute, the franchisee shall respond to a written complaint from a subscriber within 30 days.

(f) A franchisee shall issue refund checks as follows:

(1) At the subscriber's next billing cycle following resolution of the request or 45 days, whichever is earlier.

(2) Within 45 days after the franchisee recovers the equipment it supplied to the subscriber if service is terminated.

(3) For a security deposit, after one year of timely payments. In the alternative, the franchisee may notify the subscriber

on every billing statement that the subscriber has the right to request return of the deposit after one year of timely payments.

(g) A franchisee shall issue credits for service no later than the subscriber's next billing cycle following the franchisee’s determination that a credit is warranted.

(h) The franchisee shall allow a subscriber who pays his bill directly to the franchisee, at least 15 days from the date the bill for services is mailed to the subscriber to pay the listed charges, unless the franchisee and subscriber have entered into a rental agreement with different terms. If the subscriber has not paid any bill when due, the franchisee shall not terminate service for nonpayment of a delinquent account until the franchisee furnishes the subscriber with a notice of the delinquency and impending termination, at least 15 days prior to the proposed termination. The notice shall be mailed to the subscriber's billing address. The notice shall not be mailed until the 16th day after the date the bill for services was mailed to the subscriber. The notice of delinquency and impending termination may be part of a billing statement. No franchisee shall assess a late fee any earlier than the 22nd day after it mailed a bill.

(i) Every notice of termination of service sent pursuant to subdivision (h) shall include all of the following information:

(1) The name and address of the subscriber whose account is delinquent.

(2) The amount of the delinquency.

(3) The date by which payment is required in order to avoid termination of service.

(4) The telephone number of a representative of the franchisee who can provide additional information and handle complaints or initiate an investigation concerning the service and charges in question.

(j) Service may only be terminated on days in which a subscriber can reach a representative of the franchisee either in person or by telephone. Any service termination without good cause shall be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions.

(k) Subscriber service centers and bill payment locations shall be open during normal business hours and be conveniently located.

(Added by Ord. No. 8288 (N.S.), effective 9-2-93; amended by Ord. No. 8392 (N.S.), effective 5-26-94; amended by Ord. No. 8500 (N.S.), effective 3-9-95; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

A license issued under this chapter shall be subject to forfeiture for failure to comply with the requirements of this chapter or the terms of the license, unless the licensee is able to demonstrate that any noncompliance is beyond its reasonable control. If the Commission staff determines a licensee is not complying with this chapter or its license, it shall proceed as follows:

(a) The Commission staff shall serve the licensee with written notice of each violation the licensee is committing. The notice shall notify the licensee that it has 30 days from the date of receiving the notice to remedy the violations and that if the licensee fails to remedy the violations within 30 days, the Commission staff will refer the matter to the Commission for a public hearing to determine whether the license should be forfeited.

(b) If the licensee fails to remedy the violations identified in the notice served pursuant to subsection (a) above, the

Commission staff shall request the Commission hold a public hearing to determine whether the license should be forfeited.

(c) If the Commission determines the licensee is not complying with this chapter or its license, it may declare a forfeiture of the license or it may allow the licensee to continue operating subject to certain conditions. If the licensee fails to comply with conditions imposed by the Commission, the Commission shall declare a forfeiture of the license. After a declaration of forfeiture the licensee shall cease all construction under the license and within 30 days after the declaration of forfeiture, conclude all operations and business under the license, unless the licensee appeals the forfeiture declaration. An appeal stays the operation of this subsection until the Board of Supervisors renders a decision on the appeal.

(d) The Commission's declaration of forfeiture or other determination under this section shall be in writing and served on the parties.

(e) A licensee may appeal the Commission's declaration of forfeiture under this section to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors within 30 days from the date of the declaration of forfeiture.

(Added by Ord. No. 8288 (N.S.), effective 9-2-93; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The Commission staff shall have the right to inspect a licensee's facilities and a licensee's business records during normal business hours. The Commission staff shall also have the right to require a licensee to produce copies of any communications between the licensee and any federal or State regulatory agency having jurisdiction over the licensee's cable television system.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 7314 (N.S.), effective 7-9-87; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) A cable television license shall only be sold, transferred, leased, assigned or disposed of as provided in a license agreement and with the County's consent.

(b) Requests for the County's consent pursuant to subsection (a) above shall be filed with the Commission. The Commission shall hold a public hearing 30 days after receiving a request under this section and shall evaluate a proposed transferee's technical, financial and managerial ability to take over the license. At least 10 days before the hearing the Commission shall give notice to the licensee and the proposed successor licensee and publish notice of the hearing.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 7314 (N.S.), effective 7-9-87; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The County Auditor and Controller shall have the right to conduct periodic audits of the financial records of a licensee to determine if a licensee is remitting the proper fees due the County. If the Auditor and Controller determines a licensee has not paid the County all fees owed to it for a specific time period, the Auditor and Controller shall have the right to conduct additional audits to determine if a licensee has paid all fees due the County for other time periods.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) A licensee's performance under the terms of a license shall be subject to periodic review by the Commission in a public hearing at least every five years. The Commission shall report its findings in writing within 15 days of the hearing.

(b) In the event the Commission holds a public hearing on any other matter related to a license, it may review the licensee's performance at the same time as long as the notice of the public hearing identifies the scope of the hearing.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The San Diego County Board of Education and its representative, the County Superintendent of Schools, is designated as the trustee of cable television allocations for educational access channels for the purpose of assuring fair and equitable distribution of channel space resources among the various school districts.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

The San Diego County Board of Supervisors and its representative, the Chief Administrative Officer, is designated as the

trustee of cable television allocations for government access channels for the purpose of assuring fair and equitable distribution of channel space resources.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

The San Diego County Board of Supervisors and its representative, the Chief Administrative Officer, is designated as the trustee of cable television allocations for public access channels for the purpose of assuring fair and equitable distribution of channel space resources.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

If the Commission is required to hold a hearing under this chapter, the Commission shall not hold a hearing unless it gives at least 10 days notice of the hearing to a licensee whose license is the subject of the hearing and all other interested parties. Notice of the hearing shall be served on the interested parties pursuant to section 11.112 of this code and shall also be published pursuant to Government Code section 6061. Whenever the Commission is required or authorized to render a decision or finding pursuant to this chapter, the decision or finding may be appealed to the Board of Supervisors as provided in this chapter. Any decision made by the Commission shall be in writing and shall also be served on the parties pursuant to section 11.112.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

A request for action by the Commission shall be filed with the Commission staff. Not later than 30 days after the Commission staff receives a request to take action under this chapter the Commission staff shall determine whether the request contains sufficient information to require the Commission to take action. If the Commission staff determines the request does not contain sufficient information, it shall send written notice to the person making the request advising what additional information is required before the Commission can act on the request.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Not later than 35 days after the Commission staff receives a request that contains sufficient information for Commission to consider, the Commission staff shall:

(a) Place the request on the Commission's agenda for consideration at the next regular meeting; and

(b) Give notice of the hearing as provided under section 21.1624.

(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 7314 (N.S.), effective 7-9-87; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) Notwithstanding any other provision of this chapter, if the Commission receives a request to approve the sale or other transfer of a license that contains sufficient information on which the Commission may act, a final decision on the request, including any appeal, shall be completed within 120 days of the request, unless the requesting party and the Commission staff agree to an extension of time.

(b) If no extension has been agreed to, the Commission shall conduct a hearing within 40 days after the Commission staff received a request that contains sufficient information. Within 10 days after the completion of the hearing the Commission shall issue and serve a written decision. The Commission's decision under this section shall be final within 10 days of the written decision unless it is appealed to the Board of Supervisors. If the Commission denies the request to approve the sale or other transfer, the licensee or proposed transferee may appeal to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors with 10 days of the date of the Commission's written decision. The Board shall hear the appeal within 50 days after the notice of appeal is filed and shall announce its decision at the completion of the appeal hearing. The Board's decision shall be final.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Except for a hearing on a sale or transfer of a license under section21.1627, the Commission shall issue a written decision within 15 days of the hearing, which shall be served on the parties to the hearing.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Except as provided in section 21.1627, a decision rendered by the Commission shall become effective 30 days after the date of the decision unless the decision is appealed to the Board of Supervisors. If all parties to a decision agree in writing, a decision may become effective earlier than 30 days from the date of the decision.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) Except as provided in section 21.1627, a party to a Commission decision may appeal the decision to the Board of Supervisors by filing a notice of appeal to the Clerk of the Board within 30 days of the Commission's oral decision. The notice of appeal under this section shall:

(1) Be accompanied by a copy of the Commission's written decision;

(2) Contain a concise statement of the grounds for appeal including any errors the appellant alleges the Commission

committed; and

(3) Contain an address within the County of San Diego to which the County may send written notices related to the

appeal.

(b) The Clerk of the Board shall schedule the appeal for a hearing before the Board within 60 days from the date the appeal is filed. The Clerk shall provide each appellant with at least 10 days written notice of the hearing.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The Board of Supervisors may adopt the Commission's decision, modify the Commission's decision or reverse the Commission's decision or refer the matter back to the Commission for further hearing, specifying issues requiring additional evaluation. If the Board adopts, modifies or reverses the Commission's decision following a hearing, the Board's decision shall be final on the date it is orally announced.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) Within three months after receiving a State franchise to provide video programming within the unincorporated area of the County, a franchisee shall provide on its network one public access channel, one educational channel and one government channel. A franchisee shall not, however, be obligated to provide PEG channels before the date it begins providing service to any subscriber. The PEG channels shall comply with Public Utilities Code section 5870 and shall be for the exclusive use of the County or its designee.

(b) After receiving notice that a franchisee has been issued a State franchise to provide video service within the unincorporated area of the County, the County will send written notice to the franchisee reminding the franchisee of its obligation under subsection (a) above to provide PEG channels.

(c) A franchisee issued a State franchise shall pay the County a fee of one percent of its gross revenues to support the PEG channels. The obligation to pay the fee under this subsection shall begin on the effective date of this subsection or the date the franchisee begins providing video service, whichever is later. A franchisee shall remit the PEG fee to the County quarterly, within 45 days after the end of the quarter for that calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the fee calculation. If the franchisee does not pay the PEG fee when due, the franchisee shall pay a late payment charge at a rate per year equal to the legal rate of interest. If the franchisee has overpaid the PEG fee, it may deduct the overpayment from its next quarterly payment.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 9896 (N.S.), effective 12-6-07; reenacted by Ord. No. 10478 (N.S.), effective 4-25-17; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

(a) In addition to complying with subscriber service, consumer protection standards and privacy standards required by Public Utilities Code section 5900(a) and (b), a franchisee shall also comply with the County standards in section 21.1615.

(b) If a franchisee commits a material breach of any of its obligations under subsection (a) above, the County shall give the franchisee notice that identifies each material breach and allows the franchisee 30 days from the receipt of the notice to remedy the breach. If the franchisee fails to remedy the material breach within the time allowed, the County may assess monetary penalties against the franchisee. For purposes of this section a material breach has the same meaning as the term "material breach" in Public Utilities Code section 5900(j).

(c) The penalty for a material breach that a franchisee fails to remedy within 30 days after receiving notice of the breach under this section shall be fined $500 a day for each day of each material breach up to a maximum of $1,500 for each occurrence of a material breach. If, however, a penalty has been assessed against a franchisee for a material breach and the franchisee commits a subsequent material breach of the same nature within 12 months, which it fails to remedy within 30 days after receiving notice, the penalty shall be $1,000 a day for each day of each material breach up to a maximum of $3,000 for each occurrence of the material breach. If the franchisee commits a third or further material breach of the same nature within 12 months, which it fails to remedy after receiving notice and after being assessed penalties at least twice, the penalty shall be $2,500 a day for each day of material breach up to a maximum of $7,500 for each occurrence of the material breach.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)