Tulare Municipal Code Ch. 8.68 Cable Television

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

On January 1, 2007, the State of California became the sole authority with power to grant state video franchise pursuant to the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”). Pursuant to DIVCA, the City of Tulare shall receive a franchise fee from all state franchises. Additionally, each state franchisee must remit to the city its pro rata share of any cash payments for the ongoing costs of public, education, and governmental access channel facilities or institutional networks, as long as there are such payment obligations imposed by a city issued franchise. DIVCA confirmed that the city may 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. DIVCA leaves unchanged the city’s authority to regulate the city’s current cable franchises and any city franchise(s) issue on or before January 1, 2008, until the expiration of any such franchise(s).

(Ord. 16-07, passed 6-21-2016)

(A) Any state video franchise holder operating within the boundaries of the city shall pay a fee to the city equal to 5% of the gross revenue of that state video franchise holder.

(B) Gross revenue, for the purposes of this section, shall have the definition set forth in Cal. Public Utilities Code § 5860.

(Ord. 16-07, passed 6-21-2016)

Not more than once annually, the City Manager or his/her designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with § 8.68.020.

(Ord. 16-07, passed 6-21-2016)

(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.

(B) The City Manager or his designee shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. The City Manager or his/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 specific material breach. Material breaches not remedied within the 30 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 $500 may be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation.

(2) For a second violation of the same nature within 12 months, a fine of up to $1,000 may be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation.

(3) For a third or further violation of the same nature within 12 months, a fine of up to $2,500 may be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.

(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. 16-07, passed 6-21-2016)

(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). One complete copy must be provided to the City Manager.

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

(Ord. 16-07, passed 6-21-2016)