State franchisees that offer video service within the jurisdictional boundary of the city will calculate and remit a state franchise fee (“franchise fee”) equal to five percent (5%) of gross revenues as provided in Sections 5860 and 5540(q)(1) of the Act.
(Ord. 436 § 1 (part), 2010)
State franchisees that offer service within the jurisdictional boundaries of the city will calculate and remit an additional public educational and government access (“PEG”) facilities support fee (“PEG Support Fee”) equal to twenty-five cents ($0.25) per subscriber per month. In no event shall the PEG support fee exceed one percent (1%) of gross revenues as provided in section 5870(n) of the Act.
(Ord. 436 § 1 (part), 2010)
1. Customer service standards. A state franchisee shall comply with Sections 53055, 53055.2, 53055.2 and 53088.2 of the California Government Code; the FCC customer service and notice standards set forth in Sections 76.309, 76.1602, 76.1603, and 76.1619 of Title 47 of the Code of Federal Regulations; Section 637.5 of the California Penal Code; the privacy standards of Section 551 of Title 47 of the United States Code; and all other applicable state and federal customer service and consumer protection standards pertaining to the provision of video service, to include any such standards hereafter adopted. In case of a conflict, the stricter standard shall apply. All customer service and consumer protection standards under this paragraph shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.
2. Penalties for violations of standards. The city shall enforce the compliance of state franchisees with respect to the state and federal customer service and consumer protection standards set forth in subsection 1. The city will provide a state franchisee with a written notice of any material breaches of applicable customer service or consumer protection standards, and will allow the state franchisee thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the (thirty) 30-day time period will be subject to the following penalties to be imposed by the city:
a. For the first occurrence of a material breach, a fine of five hundred dollars ($500.00) may be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation.
b. For a second material breach of the same nature within twelve (12) months, a fine of one thousand dollars ($1,000.00) may be imposed for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation.
c. For a third material breach of the same nature within twelve (12) months, a fine of two thousand five hundred dollars ($2,500.00) may be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars ($7,500.00) for each violation.
3. Consistency with state law. Any penalties imposed by the city shall be imposed in a mariner consistent with California Public Utilities Code Section 5900.
(Ord. 436 § 1 (part), 2010)
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