Truckee Municipal Code Ch. 4.02 Regulation of State Video Franchisees

For any state video franchise holder operating within the boundaries of the Town of Truckee, there shall be a fee paid to the Town equal to five percent (5%) of the gross revenue of that state video franchise holder. In addition to such fee, there shall be an additional fee paid to the Town equal to one percent (1%) of the gross revenue of that state franchise holder for purposes of supporting PEG channel facilities consistent with state and federal law. Gross revenue, for the purposes of this section, shall have the definition set forth in California Public Utilities Code 5860.

Not more than once annually, the Town Manager or his or her designee may examine and perform an audit of the business records of all holders of a state video franchise operating within the boundaries of the Town of Truckee to ensure compliance with Section 4.02.010 of this Code.

(a) Any holder of a state video franchise operating within the boundaries of the Town of Truckee shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service, including but not limited to those set forth in Government Code sections 53055, 53055.1, 53055.2, and 53088.2, and Title 47, Sections 76.309, 76.1601-76.1604, and 76.1618-76.1622 of the Code of Federal Regulations.

(b) The Town Manager shall monitor the compliance of holders of a state video franchise operating within the boundaries of the Town of Truckee with respect to state and federal customer service and protection standards. The Town Manager, or his or her 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 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 be subject to the following penalties to be imposed by the Town, or such different penalties as may be established by state law:

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

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

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

(c) A holder of a state video franchise operating within the boundaries of the Town of Truckee may appeal a penalty assessed by the Town Manager to the Town Council within 60 days of the initial assessment. The Town Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The Town Council's decision on the imposition of a penalty shall be final.

(a) Applicants for state video franchises, or amendments to existing franchises, that will authorize the applicant to operate within the boundaries of the Town of Truckee must concurrently provide complete copies to the Town of any application or amendments to applications filed with the Public Utilities Commission. At a minimum, one complete copy must be provided to the Town Manager.

(b) Within 30 days of receipt, the Town Manager will provide any appropriate comments to the Public Utilities Commission regarding an application or an amendment to an application for a state video franchise.