Sonora Municipal Code § 4.11 State Video Franchises

The state of California, through the public utilities commission, is the sole authority with power to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA"), as codified at Public Utilities Code Section 5800 et seq. at the time of enactment of this chapter. The purposes of this chapter are to implement DIVCA in the City of Sonora ("city") and to regulate, consistent with DIVCA and the implementing rules issued by the California Utilities Commission, video service provides holding state video franchises and operating within the city pursuant to that franchise. This chapter shall be applied to and interpreted consistently with any amendments to, or recodification of, DIVCA that may be made from time to time.

(Adopted by Ord. 859 on 8/19/2019)

A. Any state video franchise holder operating within the boundaries of the city shall pay a PEG fee to the city or the city's designee for capital support of public, educational, and/or governmental ("PEG") purposes that is consistent with state and federal law in the amount of one percent of gross revenues, as defined by Section 5870(n) of the California Public Utilities Code.

B. To the extent reauthorization is required by law, this chapter, including the PEG fee in the amount of one percent of the state franchise holder's gross revenues, is automatically reauthorized as to each affected state video franchise holder upon the expiration of any state franchise. Any and all reauthorization shall be effective for so long as such reauthorization is required by law.

(Adopted by Ord. 859 on 8/19/2019)

Not more than once annually, the city administrator, or designee, may examine and perform an audit of business records of a holder of a state video franchise operating within the boundaries of the city to ensure compliance with Section 4.11.020.

(Adopted by Ord. 859 on 8/19/2019)

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 the video service.

B. The city administrator or designee shall monitor the compliance of state video franchise holders operating within the boundaries of the city with respect to state and federal customer service protection standards. The city administrator or 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:

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 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 administrator 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 imposition of a penalty shall be final.

D. As used herein, "material breach" is defined as set forth in Public Utilities Code Section 5900.

(Adopted by Ord. 859 on 8/19/2019)

For the purpose of operating and maintaining a television system in the city, a state video franchise holder may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the public rights-of-way and public cables, conductors, ducts, conduits, manholes, amplifiers, property, and equipment as are necessary and appurtenant to the operations of the cable system. The state video franchise holder shall comply with all applicable city construction codes and procedures.

The city maintains the right to perform any public work or public improvement of any description, including, without limitation, all work authorized by applicable law. In the event that the state video franchise holder's system interferes with the construction, operation, maintenance, or repair of any such public work or improvement, the state video franchise holder, after reasonable notice from the city, shall, at its own cost and expense, promptly protect, alter or relocate the system, or any part thereof, as directed by the city.

In the event that the state video franchise holder refuses or neglects to so protect, alter or relocate all or any part of its system, the city shall have the right in connection with the performance of such public work or public improvement to break through, remove, alter, or relocate all or any part of the system without any liability to the state video franchise holder except for the city's willful misconduct and the state video franchise holder shall promptly pay to the city the costs incurred by such breaking through, removal, alteration, or relocation.

(Adopted by Ord. 859 on 8/19/2019)

The rights of a state video franchise holder operating within the boundaries of the city are subject to the police power of the city to adopt and enforce general ordinances necessary to the health, safety, and welfare of the public, and each state video franchise holder shall comply with all applicable general laws and ordinances enacted by the city pursuant to such power.

(Adopted by Ord. 859 on 8/19/2019)