Santa Clara County Municipal Code Art. 2 Fees

Subject to any limitations imposed under state or federal law, any state franchise holder operating within the County shall pay to the County a state franchise fee equal to five percent of the gross revenues of it or any affiliate that is subject to a franchise fee under California Public Utilities Code Section 5860.

(Ord. No. NS-906, § 1, 6-24-09)

Any state franchise holder operating within the County shall pay to the County a PEG fee equal to (a) $0.88 per Subscriber, or (b) if $0.88 per subscriber is less than one percent of gross revenues the payment shall be one percent of gross revenues, and if $0.88 cents per Subscriber is more than three percent of gross revenues the payment shall be three percent of gross revenues. The gross revenues are those of the state franchise holder or any affiliate that are subject to a franchise fee under California Public Utilities Code Section 5860.

(Ord. No. NS-906, § 1, 6-24-09)

The state franchise fee required pursuant to Section B10-165, and the PEG fee required pursuant to Section B10-166, shall each be paid to the County quarterly, in a manner consistent with California Public Utilities Code Section 5860. The state franchise holder shall deliver to the County, by check or other means specified by the County, 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, containing such information as the County Executive may require, consistent with DIVCA. Unless the County Executive provides otherwise, the summary statement shall identify:

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

(b) Any charges to subscribers for which revenues were received, but on which a franchise fee was not paid;

(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.

(Ord. No. NS-906, § 1, 6-24-09)

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

(Ord. No. NS-906, § 1, 6-24-09)

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 County shall, to the extent consistent with DIVCA, impose a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent.

(Ord. No. NS-906, § 1, 6-24-09)

In the event a state franchise holder leases access to a network or any other facility owned by the County, the County may set a fee for access to the County-owned network or facility separate and apart from the franchise fee charged to state franchise holders pursuant to Section B10-165.

(Ord. No. NS-906, § 1, 6-24-09)

(a) The County reauthorizes the PEG access channel fees to support public, educational, and governmental channel facilities adopted by Section B10-166. The fee shall not change and is applicable to any state franchise holder operating within unincorporated Santa Clara County.

(b) Commencing from, and after, the effective date of this Ordinance [from which this section derived], the fee authorized under Section B10-166 shall continue to apply to any new or existing state franchise operating in unincorporated Santa Clara County and shall automatically be reauthorized upon the expiration of any existing or future state franchise(s) held by any state franchise holder operating within unincorporated Santa Clara County.

(Ord. No. NS-907, § 6, 5-8-18)