Part 4

Other Telecommunications Services and Systems

The term "cable system," as defined in federal law and as set forth in Part 5 below, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming distributors identified below are not deemed to be "cable systems" and are therefore exempt under federal law from the city's franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of the city's public rights-of-way.

• a. "Multichannel multipoint distribution service" ("MMDS"), also known as "wireless cable," which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology.

• b. "Local multipoint distribution service" ("LMDS"), another form of over-the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services.

• c. "Direct broadcast satellite" ("DBS"), also referred to as "direct-to-home satellite services," which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:

  1. 47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services.

  2. Section 602 of the Communications Act states that a provider of direct-to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms "tax" and "fee" are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction.

(Prior code § 61030; Ord. 98-519 § 1, 1998)

• a. Unless the customer protection and customer service obligations of a video provider, as that term is defined in Part 5, are specified in a franchise, license, lease, or similar written agreement with the city, a video provider must comply with all applicable provisions of the following state statutes:

  1. The Cable Television and Video Customer Service and Information Act (Government Code §§ 53054 et seq. ).

  2. The Video Customer Service Act (Government Code §§ 53088 et seq. ).

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA § 11.40.130

WEST HOLLYWOOD CODE

§ 11.40.130

• b. All video providers that are operating in the city on the effective date of this chapter, or that intend to operate in the city after the effective date of this chapter, must register with the city and, unless exempt under federal or state law, pay the applicable business license tax imposed by the city. The registration form must include or be accompanied by the following:

  1. The video provider's name, address, and local telephone numbers, including a twentyfour-hour telephone number for emergency service.

  2. The names of the officers, the general manager, and principal technical staff members of the video provider.

  3. A copy of the video provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code §§ 53054 et seq. These customer service standards must include, without limitation, standards regarding the following:

     • A. Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling.

     • B. Customer telephone and office hours.

     • C. Procedures for billing, charges, refunds, and credits.

     • D. Procedures for termination of service.

     • E. Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates.

     • F. Complaint procedures and procedures for bill dispute resolution.

     • G. The video provider's written commitment to distribute annually to the city, and to its employees and customers, a notice describing the customer service standards specified above in subdivisions (A) through (F). This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code § 53055.2.

  4. Unless a video provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the City Council to cover the reasonable costs incurred by the city in reviewing and processing the registration form.

  5. In addition to the registration fee specified above in subsection (4), the written commitment of the video provider to pay to the city, when due, all costs and expenses reasonably incurred by the city in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code § 53088.2(o).

• c. The City Council may establish by ordinance a schedule of monetary penalties for the material breach by a video provider of its obligations under subparagraphs (a) through (n) of Government Code § 53088.2. As used herein, the term "material breach" means any substantial and repeated failure to comply with the consumer service standards set forth in Government Code § 53088.2. The provisions of that ordinance must be consistent with the provisions of Government Code § 53088.2. The schedule of monetary penalties may also

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.40.130

§ 11.40.155

impose a penalty, as authorized by Government Code § 53056(a), for the failure of a video provider to distribute the annual notice required by Government Code § 53055.1, which penalty may not exceed $500.00 for each year in which the notice is not distributed as required by state statute.

(Prior code § 61031; Ord. 98-519 § 1, 1998)

The siting and construction of antennas used in providing telecommunications services in the public right-of-way are subject to the provisions of this Chapter 11.40 and the siting and construction of antennas used in providing telecommunications services on all other property are subject to the provisions in Title 19 of this code (the Zoning Ordinance). (Prior code § 61032; Ord. 98-519 § 1, 1998; Ord. 18-1053 § 1, 2019)

• a. PEG Fee Established . In accord with Public Utilities Code Section 5870(n), any grantee of a franchise, or state franchisee, must pay to the city a fee for the support of PEG channel facilities.

  1. The amount of the PEG fee established by this section is one percent of gross revenues, as defined in this code, the applicable City-issued franchise, or Public Utilities Code Section 5860(d).

• b. Franchise Fee Established. For any state franchisee, the amount of the franchise fee imposed by Public Utilities Code Section 5840(q) shall be five percent of gross revenues, as defined in Public Utilities Code Section 5860(d).

• c. Notices from State Franchisees. Any notice a state franchisee is required to deliver to the city by Public Utilities Code Section 5840(m) must be delivered to the cable franchise administrator.

• d. Nothing in this chapter is intended to limit or restrict in any way the imposition of any existing or future generally applicable, nondiscriminatory, competitively neutral tax, fee, or charge to a state franchisee, city franchisee or the services the franchisees provide.

• e.

• Customer Service Provisions for State Franchisees.

1. All state franchisees must comply with all applicable state and federal laws and local regulations regarding customer service and customer protection.

2. The Cable Franchise Administrator may review the performance of state franchisees for compliance with the customer service requirements specified in Public Utilities Code Section 5900 ("Customer Service Standards").

3. If the city believes a material breach of the customer service standards has occurred, the Cable Franchise Administrator shall give the state franchisee written notice of any alleged material breach(es). The state franchise shall remedy the specified material breach(es) no later than thirty days from receipt of the notice.

4. If the state franchisee fails to remedy the specified material breach(es) within thirty days, the Cable Franchise Administrator may impose monetary penalties on the following schedule:

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 11.40.155

§ 11.40.155

  - A. Up to $500 for each day of each material breach, not to exceed $1,500 for each occurrence of a material breach. 

  - B. For a second material breach of the same nature within twelve months, up to $1,000 for each day of each material breach, not to exceed $3,000 for each occurrence of the material breach. 

  - C. For a third or further material breach of the same nature within twelve months, up to two thousand five hundred ($2,500.00) for each day of each material breach, not to exceed seven thousand five hundred ($7,500.00) for each occurrence of the material breach.

5. Any monetary penalty imposed under this section may be appealed by the state franchisee to the City Council. Appeals must be received in writing by the City Clerk within sixty days of imposition of the penalty. The state franchisee may present any relevant written or oral evidence of its choice. The City Council may uphold or reverse, in whole or in part, the imposition of the monetary penalties.

• f. For the duration of any city-issued franchise, if that franchisee has existing unsatisfied obligations under the franchise to pay to the city any cash payments for the ongoing costs of public, educational, and government access channel facilities or institutional networks, the fee payable by each city and state franchisee shall be the franchisee's pro rata per subscriber share of the cash payment required to be paid by the city franchisee to the city for the costs of PEG channel facilities.

  1. Within forty-five days of receipt of the notice required by Public Utilities Code Section 5840(n), each city and state franchisee must provide to the Cable Franchise Administrator a written statement of the number of its subscribers within the franchisee's service area in the city.

  2. Within forty-five days of receipt all franchisee subscriber number statements, the Cable Franchise Administrator must calculate the division of the cash payments among all city and state franchisees, and provide written notice to each franchisee of the franchisee's share of the cash payment. This amount may expressed as a percentage of gross revenue or as an amount per subscriber, per month, or otherwise.

• g. Interconnection. To properly serve the city's interest in PEG programming, each state franchisee and city franchisee must comply with the PEG system interconnection requirements of Public Utility Code Section 5870. The City Manager, or his or her designee, may make any interconnection determinations of the city under Public Utility Code Section 5870, including requiring interconnection where the city franchisee and state franchisee fail to reach a mutually acceptable interconnection agreement.

• (Ord. 08-790 § 2, 2008; Ord. 08-791U § 2, 2008)

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.40.160

§ 11.40.160