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The provisions of this article shall not be applicable to a person, firm, corporation or other organization providing an Information Technology System located entirely within and upon property owned by said person, firm, corporation or organization, and which serves only the tenants of an apartment or hotel owned by such person, firm, corporation or organization.
SECTION HISTORY
Based on Ord. No. 132,951.
Amended by: Subsec. (b), Ord. No. 159,436, Eff. 11-18-84; Subsec. (b), Ord. No. 170,600, Eff. 8-11-95; Subsec. (c) Added, Ord. No. 173,572, Eff. 11-27-00; Title and Section in Entirety, Ord. No. 180,528, Eff. 3-22-09.
(Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.)
Section
13.64 Regulation of State Video Franchises and City Video Franchises.
13.64.1 State Video Franchise Fees.
13.64.1.1 [Expiration; Reauthorizations.]
13.64.2 Audit Authority.
13.64.3 Customer Service Penalties Under State Video Franchises.
13.64.4 City Response to State Video Franchise Applications.
13.64.5 Extension of Existing City Video Franchises.
Under State law to be effective January 1, 2007, the California Public Utilities Commission (PUC) will have the authority to grant state video franchises. The City of Los Angeles will acquire certain rights and responsibilities with respect to state video franchise holders. These include the receipt of a franchise fee and a fee for Public, Educational and Government (PEG) purposes, both based on a percentage of the gross revenues of state franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules. The City will retain authority, without change, over all City video franchisees until such time as they no longer hold a City franchise, or are no longer operating under a current or expired City franchise. The City may continue to grant, modify, renew, extend or terminate City video franchises for video service until January 1, 2008. After January 1, 2008, the City may modify, renew, extend or terminate existing City video franchises, whether current or expired. For purposes of this article, the terms “City video franchise” and “City video franchisee” shall have the same meaning as the terms “City cable franchise” and “City cable franchisee” as they are used in this Division 13.
SECTION HISTORY
Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.
(a) For any state video franchise holder operating within the boundaries of the City of Los Angeles, there shall be a fee paid to the City equal to five percent of the gross revenue of that state video franchise holder.
(b) For any state video franchise holder operating within the boundaries of the City of Los Angeles, there shall be an additional fee paid to the City equal to one percent of the gross revenue of that state video franchise holder, which fee shall be used by the City for PEG purposes consistent with state and federal law.
(c) Gross revenue, for the purposes of (a) and (b) above, shall have the definition set forth in California Public Utilities Code § 5860.
SECTION HISTORY
Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.
(a) If any portion, sentence, clause or phrase of Subsection 13.64.1(b) is found, by a court of competent jurisdiction, to be invalid because Ordinance No. 178,108 is deemed to have expired, then the provisions in this section shall be controlling as of the original effective date of this section.
(b) To the extent reauthorization is required by law upon the expiration of any and all state video franchises, as to each expiration of any affected state video franchisee, Ordinance No. 178,108, and with it Subsection 13.64.1(b), is hereby reauthorized as to that affected state video franchisee. Any and all reauthorizations under the section shall be effective for so long as such reauthorization is required by law.
SECTION HISTORY
Added by Ord. No. 184,867, Eff. 5-15-17.
Not more than once annually, the City’s Information Technology Agency (ITA) may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with Section 13.64.1.
SECTION HISTORY
Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.
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