CHAPTER 23:  CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS
ARTICLE I.  GENERAL PROVISIONS
   23-1.   Title
   23-2.   Purpose and intent
ARTICLE II.  CABLE TELEVISION SYSTEMS
   23-10.   Authority and findings
   23-11.   Cable franchise terms and conditions
   23-12.   Franchise applications and renewal
   23-13.   Contents of cable television franchise agreements
   23-14.   Consumer protection and service standards
ARTICLE III.  OPEN VIDEO SYSTEMS
   23-25.   Applicability
   23-26.   Application required
   23-27.   Review of the application
   23-28.   Agreement required
ARTICLE IV.  OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND SYSTEMS
   23-40.   Other multichannel video programming distributors
   23-41.   Video providers - registration; customer service standards
   23-42.   Antennas for communications services
   23-43.   Telecommunications service provided by telephone corporations
   23-44.   State video franchisees
ARTICLE V.  DEFINITIONS
   23-55.   Defined terms and phrases
ARTICLE VI.  VIOLATIONS; SEVERABILITY
   23-65.   Violations; enforcement
   23-66.   Severability
ARTICLE I.  GENERAL PROVISIONS
SEC. 23-1.  TITLE.
   This chapter shall be cited as the "Cable, Video, and Telecommunications Service Providers Ordinance."
(Ord. No. 2650)
SEC. 23-2.  PURPOSE AND INTENT.
   (A)   The city council finds and determines as follows:
      (1)   The development of cable, video, and telecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the city.
      (2)   Because of the complex and rapidly changing technology associated with cable, video, and telecommunications services and systems, the public convenience, safety, and general welfare can best be served by the city's exercise of its regulatory powers over such services and systems.
      (3)   This chapter adopts provisions that authorize the city to regulate cable, video, and telecommunications service providers to the extent authorized by federal and State law, including but not limited to the federal Cable Communications Policy Act of 1984, the federal Cable Television Consumer Protection and Competition Act of 1992, the federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission (FCC), and applicable State statutes and regulations.
      (4)   The cable, video, and telecommunications services that are addressed in this chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite master antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, and other providers of video programming, whatever the technology, as well as voice and data services provided by telephone corporations.
   (B)   The purpose and intent of this chapter is to attain the following objectives:
      (1)   To enable the city to discharge its public trust in a manner consistent with rapidly evolving federal and State regulatory policies, industry competition, and technological development.
      (2)   To authorize and to manage reasonable access to the city's public rights-of-way and public property for cable, video, and telecommunications purposes on a competitively neutral and nondiscriminatory basis.
      (3)   To obtain fair and reasonable compensation for the city and its residents for authorizing the private use of the public rights-of-way and public property.
      (4)   To promote competition in cable, video, and telecommunications services, minimize unnecessary local regulation of cable, video, and telecommunications service providers, and encourage the delivery of advanced and competitive cable, video, and telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the city.
      (5)   To establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of cable, video, and telecommunications service providers.
      (6)   To encourage the deployment of advanced cable, video, and telecommunications infrastructure that satisfies local needs, delivers enhanced government services, and provides informed consumer choices in an evolving cable, video, and telecommunications marketplace.
      (7)   To maintain and to enhance public, educational, and governmental programming opportunities that will enable local government to communicate with its residents and to provide its residents with alternate means of disseminating information.
(Ord. No. 2650)
ARTICLE II.  CABLE TELEVISION SYSTEMS
SEC. 23-10.  AUTHORITY AND FINDINGS.
   (A)   In accordance with federal and State law, the city is authorized to grant one or more nonexclusive franchises to construct, reconstruct, operate, and maintain cable television systems within the city limits.
   (B)   The city council finds that the development of cable television and related telecommunications services may provide significant benefits for, and substantial impacts upon, the residents of the city. Because of the complex and rapidly changing technology associated with cable television, the city council further finds that the public convenience, safety, and general welfare can best be served by establishing regulatory powers to be exercised by the city.
   (C)   This article is intended to specify the means for providing to the public the best possible cable television services, and every franchise issued in accordance with this article II is intended to achieve this primary objective. The further intent of this article is to adopt regulatory provisions that will enable the city to regulate cable television services to the maximum extent authorized by federal and State law.
(Ord. No. 2650)
SEC. 23-11.  CABLE FRANCHISE TERMS AND CONDITIONS.
   (A)   Franchise purposes.  A franchise granted by the city under the provisions of this article may authorize the grantee to do the following:
      (1)   To engage in the business of providing cable television services that are authorized and/or required by law and that the grantee elects to provide to its subscribers within the designated franchise service area.
      (2)   To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets and public rights-of-way within the designated franchise service area.
      (3)   To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services and such other services as may be authorized by law.
   (B)   Franchise required.  No person shall construct, install, or operate a cable television system within any street or public way in the city without first obtaining a franchise under the provisions of this article.
   (C)   Term of the franchise.
      (1)   A franchise granted under this article will be for the term specified in the franchise agreement, commencing upon the effective date of the resolution adopted by the city council that authorizes the franchise.
      (2)   A franchise granted under this article may be renewed upon application by the grantee in accordance with the then applicable provisions of the agreement, State and federal law and this article.
   (D)   Franchise service area.  A franchise is effective within the territorial limits of the city, and within any area added to the city during the term of the franchise, unless otherwise specified in the resolution granting the franchise or in the franchise agreement.
   (E)   Federal or State jurisdiction.  This article will be construed in a manner consistent with all federal and State laws, and this article applies to all franchises granted or renewed after the effective date of this chapter, to the extent authorized by law.
   (F)   Franchise non-transferable.
      (1)   The grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the city council.
      (2)   Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the city council is null and void. The granting of a security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection.
      (3)   The requirements of subsections (1) and (2) apply to any change in control of the grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised.
      (4)   If the grantee is a partnership or a corporation, prior authorization of the city council is required where ownership or control of 25% or more of the partnership interests or of the voting stock of the grantee, or any company in the tier of companies controlling the grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, singularly or collectively, owns or controls those partnership interests or that voting stock of the grantee, or of the grantee's upper tier of controlling companies, as of the effective date of the franchise.
      (5)   The grantee must give prior written notice to the city manager of any proposed transfer, including a foreclosure or judicial sale, of all or a substantial part of the grantee's franchise property, physical plant or equipment. That notification will be considered by the city as notice that a change in control of ownership of the franchise will take place, and the provisions of this section that require the prior written consent of the city council to a change in control of ownership shall apply to the transfer of property, physical plant or equipment.
      (6)   For the purpose of determining whether to consent to an acquisition, transfer, or change in control, the city council may inquire about the qualifications of the prospective transferee or controlling party, and the grantee must assist the city in that inquiry.
      (7)   In seeking the city council's consent to any change of ownership or control, the grantee or the proposed transferee, or both, must complete FCC Form 394 or its equivalent. This application must be submitted to the city manager not less than 120 days prior to the proposed date of transfer.
      (8)   The transferee must establish to the reasonable satisfaction of the city council that the transferee possesses the legal, financial, and technical capability to operate and maintain the cable system and to comply with all franchise requirements during the remaining term of the franchise.
      (9)   Any financial institution holding a pledge of the grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to and shall notify the city that the financial institution, or a designee satisfactory to the city, will take control of and operate the cable television system upon the grantee's default in its financial obligations. Further, that financial institution must also submit to the city a plan for such operation within 90 days after assuming control.
      (10)   The plan must insure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding one year unless authorized by the city council, in its sole discretion, and during that period of time the financial institution will have the right to petition the city council to transfer the franchise to another grantee.
      (11)   Unless prohibited by law, the grantee must reimburse the city for the city's reasonable review and processing expenses incurred in connection with any transfer or change in control of the franchise. These expenses may include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. The total amount of these reimbursable expenses may be subject to maximum limits that are specified in the franchise agreement between the city and the grantee. No reimbursement may be offset against any franchise fee payable to the city during the term of the franchise.
   (G)   Geographical coverage.
      (1)   Unless otherwise provided in the franchise agreement, the grantee must design, construct, and maintain the cable television system to have the capability to pass every dwelling unit and commercial building in the franchise service area, subject to any service-area line extension provisions or territorial restrictions which are negotiated and set forth in the franchise agreement.
      (2)   After service has been established by activating trunk or distribution cables for any service area, the grantee must provide service to any requesting subscriber within that activated part of the service area within seven days from the date of request, provided that the grantee is able to secure on reasonable terms and conditions all rights-of-way and permits necessary to extend service to that subscriber within that seven-day period.
   (H)   Nonexclusive franchise.  Every franchise granted is nonexclusive. The city specifically reserves the right to grant, at any time, such additional franchises for a cable television system that the city council deems appropriate, subject to State and federal law. If an additional franchise is proposed to be granted to a subsequent grantee, a noticed public hearing shall first be held if required by the provisions of Cal. Gov’t Code, Section 53066.3.
   (I)   Multiple franchises.
      (1)   The city council may grant any number of franchises, subject to State and federal law. The city council may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of law and the following specific local considerations:
         (a)   The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of the existing utility systems, such as electrical power, telephone, gas, and wastewater.
         (b)   The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service.
         (c)   The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights-of-way.
      (2)   Any new grantee shall be responsible for its own underground trenching and the associated costs. If in the city manager's opinion, the rights-of-way in any particular area cannot reasonably accommodate additional cables, the grantee must obtain an alternate route or right of way from the city manager.
(Ord. No. 2650)
SEC. 23-12.  FRANCHISE APPLICATIONS AND RENEWAL.
   (A)   Filing of applications.
      (1)   Any person desiring an initial franchise for a cable television system must file an application with the city manager. An application fee deposit in an amount of $50,000 must accompany the application. That application fee deposit will cover all reasonably anticipated costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs reasonably incurred by those experts), notice and publication requirements, and document preparation expenses.
      (2)   If actual costs exceed the application fee deposit, the applicant must pay the difference to the city within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant.
      (3)   The fee does not include permit, plan check, inspection and other fees associated with performance of construction work in the city.
   (B)   Applications; contents.  An application for an initial franchise for a cable television system must contain, as applicable:
      (1)   A statement describing the proposed franchise service area and an explanation whether this proposed service area is, or will be, a part of a larger regional cluster of franchise service areas.
      (2)   A resume of the applicant's prior history, including the experience and expertise of the applicant in the cable television industry.
      (3)   (a)   A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a closely held corporation.
         (b)   If the applicant is a publicly owned partnership or corporation, each owner of 10% or more of the partnership interests, or of the issued and outstanding capital stock, must be identified.
         (c)   If the applicant is a limited liability company, the following information must be provided: the address of its principal executive office; the name and business or residence address of each member and of each holder of an economic interest in the limited liability company, together with the contribution and the share in profits and losses of each member and holder of an economic interest; the name and business or residence address of any manager or managers and the chief executive officer, if any, appointed or elected in accordance with the articles of organization or operating agreement.
      (4)   A list of officers and directors of the applicant, together with a description of the background and qualifications of each such person.
      (5)   A statement specifying the number of people employed by the applicant, whether on a full- time or part-time basis.
      (6)   The names and addresses of any parent or subsidiary of the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant.
      (7)   Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to:
         (a)   Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the city.
         (b)   Comply with the city's public, educational, and governmental access requirements.
         (c)   Comply with the city's requirement that franchise fees be paid on the applicant's gross revenues derived from the operation of the cable system.
      (8)   An accurate map showing the location of any existing telecommunications facilities in the city that the applicant intends to use, to purchase, or to lease.
      (9)   A description of the cable services and any other services that will be offered by the applicant using existing or proposed facilities.
      (10)   The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access capacity, services, facilities, and equipment.
      (11)   Any additional information that the city manager deems to be reasonably necessary to evaluate the applicant's qualifications.
   (C)   Consideration of initial applications.
      (1)   Upon receipt of an application for an initial franchise, the city manager must prepare a report and make recommendations to the city council concerning that application.
      (2)   A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the city council. Within 30 days after the close of the hearing, the city council will make a decision, based upon the documents and testimony received at the hearing, whether the franchise should be granted, and, if granted, subject to what conditions. The city council may grant one or more franchises, or may decline to grant any franchise.
   (D)   Franchise renewal.
      (1)   Franchise renewals will be processed in accordance with then-applicable law and with the renewal terms, if any, of the franchise agreement. The city manager and the grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise.
      (2)   Unless prohibited by law, a renewal application fee deposit in an amount of $15,000 must accompany the renewal application or the renewal request. That renewal application fee deposit will cover all anticipated costs associated with reviewing and processing the renewal application, including the review of the grantee's prior compliance with the franchise, the ascertainment of the community's cable related needs and interests, the engagement of technical and legal consultants, and expenses related to negotiations and document preparation.
      (3)   If actual costs exceed the renewal application fee deposit, the grantee must pay the difference to the city within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the renewal application fee deposit, the remaining balance will be refunded to the grantee.
      (4)   No renewal application fee may be offset against any franchise fee payable to the city during the term of the franchise.
      (5)   The city council may authorize the renewal of a cable television franchise agreement by resolution.
(Ord. No. 2650)
SEC. 23-13.  CONTENTS OF CABLE TELEVISION FRANCHISE AGREEMENTS.
   (A)   The provisions of a franchise agreement for the operation of a cable television system may relate to or include, without limitation, the following subject matters:
      (1)   The geographical area, duration and nonexclusive nature of the franchise.
      (2)   The applicable franchise fee to be paid to the city, including the percentage amount, the method of computation, and the time for payment.
      (3)   Requirements relating to compliance with and implementation of State and federal laws and regulations pertaining to the operation of the cable television system.
      (4)   Requirements relating to the construction, upgrade, or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices.
      (5)   Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of the grantee's obligations under the franchise agreement.
      (6)   Requirements relating to comprehensive liability insurance, workers' compensation insurance, and indemnification.
      (7)   Requirements relating to consumer protection and customer service standards, which requirements may include, without limitation, compliance with the statutes, rules and regulations set forth in this article.
      (8)   Requirements relating to the grantee's support of local cable usage, including the provision of public, educational, and governmental access channels, the coverage of public meetings and special events, and financial support for public, educational, and governmental access channels.
      (9)   Requirements relating to the grantee's obligation to provide an institutional network, and channel capacity on that institutional network for educational or governmental use, subject to the city's rules and procedures for the use of such channel capacity and for compatibility with any telecommunications network that has been or may be developed by the city.
      (10)   Requirements relating to construction, operation, and maintenance of the cable television system within the city's streets and public rights-of-way, including compliance with all building codes and permit requirements of the city, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards.
      (11)   Requirements relating to record keeping, accounting procedures, reporting, periodic audits, and performance reviews, and the inspection of the grantee's books and records.
      (12)   Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable penalties or remedies for those breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation, and termination.
      (13)   Requirements relating to the sale, assignment, or other transfer or change in control of the franchise.
      (14)   The grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the city's operation and management of the cable system.
      (15)   Provisions relating to the ownership, disposition, or removal of the cable television system upon termination or expiration of the franchise.
      (16)   Such additional requirements, conditions, policies, and procedures that may be mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of the city council, best serve the public interest and protect the public health, welfare, and safety.
   (B)   If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the city council and provisions of this article, the provisions of the franchise agreement will control.
(Ord. No. 2650)
SEC. 23-14.  CONSUMER PROTECTION AND SERVICE STANDARDS.
   (A)   Operational standards.
      (1)   The grantee shall maintain the necessary facilities, equipment, and personnel to comply with, at a minimum, the following consumer protection and service standards under normal operating conditions.
         (a)   Sufficient toll-free telephone line capacity during normal business hours to ensure that telephone calls are answered before the fourth ring. Telephone answer time by a customer service representative, including wait time, may not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed 30 seconds.
         (b)   A caller must receive a busy signal less than 3% of the time.
         (c)   Emergency toll-free telephone line capacity on a 24-hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answering machine. Calls received after normal business hours must be responded to by a trained representative on the next business day.
         (d)   A conveniently located local business and service or payment office open during normal business hours at least eight hours daily on weekdays, and at least four hours weekly on evenings or weekends, and adequately staffed with trained customer service representatives to accept subscriber payments and to respond to service requests, inquiries, and complaints.
         (e)   An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a 24-hour per day basis.
         (f)   A trained installation staff must provide service to any subscriber requiring a standard installation within seven business days after receipt of a request, in all areas where trunk and feeder cable have been activated.
         (g)   The grantee must schedule, within a specified four-hour time period Monday through Saturday (legal holidays excluded), all appointments with subscribers for installation of service, service calls, and other activities at the subscriber's location. The grantee may schedule installation and service calls outside of normal business hours for the convenience of the subscriber.
         (h)   The grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a grantee representative is delayed in keeping an appointment with a subscriber and will not be able to honor the scheduled appointment, the subscriber must be contacted prior to the time of the scheduled appointment, and the appointment must be rescheduled, as necessary, at a time that is convenient for the subscriber.
         (i)   The grantee must undertake appropriate quality control measures to ensure that the customer is satisfied with the work.
         (j)   Subscribers who have experienced one missed appointment due to the fault of the grantee will receive an installation free of charge if the appointment was for an installation. If an installation was to have been provided free of charge, and for all other appointments, the subscriber will receive a credit of $20 or one month basic service level charge, whichever is more.
         (k)   Subscribers also will be entitled to receive a credit of $20 or one month basic service level charge, whichever is more, as provided above, if the grantee fails to complete a standard installation within seven days of receiving an installation request due to its fault, its failure to schedule an appointment within a specified four-hour time period, or its failure to notify the subscriber that the grantee's representative will be late for an appointment.
         (l)   Subscribers who have experienced two missed appointments due to the fault of the grantee will receive two months of the subscribed-to service tier, free of charge, in addition to the free installation or free month of service provided for the first missed appointment.
         (m)   Upon a subscriber's request, the grantee will arrange for pickup or replacement of converters or other equipment provided by the grantee at the subscriber's address within 14 days after the request is made if the subscriber is mobility-limited.
      (2)   Under normal operating conditions, the standards of subparagraphs (a), (c), (f), (g), (h) and (i) above must be met not less than 90% of the time, measured on a quarterly basis.
   (B)   Service standards.
      (1)   The grantee will render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Except in emergency situations, scheduled interruptions will occur during a period of minimum use of the cable system, preferably between midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two hours and occurs between midnight and 6:00 a.m. (in which event 24 hours' prior notice must be given to the city), 48 hours' prior notice must be given to subscribers.
      (2)   The grantee will maintain a repair force of technicians who will respond to subscriber requests for service within the following time frames:
         (a)   For a system outage: Within two hours, including weekends, after receiving subscriber calls or requests for service that by number identify a system outage of sound or picture on one or more channels, affecting five or more subscribers to the system.
         (b)   For an isolated outage: Within 24 hours, including weekends, after receiving requests for service identifying an isolated outage of sound or picture on one or more channels.
         (c)   For inferior signal quality: No later than the following business day, excluding Sundays and holidays, after a request for service identifying a problem concerning picture or sound quality.
      (3)   The grantee will be deemed to have responded to a request for service under the provisions of this paragraph (B) when a technician arrives at the service location and begins work on the problem. If a subscriber is not home when the technician arrives, the technician must leave written notification of arrival, if the problem cannot be solved from a remote location.
      (4)   The grantee may not charge for the repair or replacement of defective or malfunctioning equipment provided by the grantee to subscribers, unless the defect or malfunction was caused by the subscriber.
      (5)   The grantee must determine the nature of the problem within 24 hours after commencing work and resolve all cable system related problems within three business days, unless technically infeasible.
   (C)   Billing and information standards.
      (1)   Subscriber bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills also must clearly delineate all activity during the billing period, including optional charges, rebates, and credits.
      (2)   The first billing to a subscriber after a new installation or service change must be prorated based upon when the new or changed service commenced. Subscribers must not be charged a late fee or otherwise penalized for any failure attributable to the grantee, including the failure to timely or correctly bill the subscriber.
      (3)   In case of a billing dispute, the grantee must respond in writing to a written complaint from a subscriber within 30 days after receiving the complaint at the office specified on the billing statement for receiving that complaint.
      (4)   Upon request by a subscriber, credits or refunds must be provided by the grantee to subscribers who experience an outage, interruption, or disconnection of service of four or more consecutive hours, provided that such loss of service is neither caused by the subscriber nor attributable to scheduled repairs, maintenance, or construction in circumstances where the grantee has provided advance written notice to subscriber, and the loss of service does not exceed the time period specified by the grantee.
      (5)   For subscribers terminating service, credits or refunds must be issued promptly, but no later than 30 days after the return of any grantee-supplied equipment.
      (6)   The grantee must provide written information on each of the following matters at the time of the installation of service, at least annually to all subscribers, and at any time upon request:
         (a)   Products and services offered.
         (b)   Prices and options for programming services and conditions of subscription to programming and other services.
         (c)   Installation and service maintenance policies.
         (d)   Instructions on the use of the cable service.
         (e)   Channel positions of programming carried on the system.
         (f)   Billing and complaint procedures, including the address and telephone number of the city's office designated for dealing with cable-related issues.
         (g)   Consumer protection and service standards and penalties for noncompliance.
      (7)   Subscribers must be notified in writing of any changes in rates, programming services, or channel positions as soon as possible. Notice must be given to subscribers a minimum of 30 days in advance of those changes if the change is within the control of the grantee. In addition, the grantee will notify the grantor in writing at least five working days before subscribers are notified in advance of any significant changes in the information required above in subsection (6).
      (8)   The grantee must maintain a public file containing all written notices provided to subscribers under these consumer protection and service standards and all published promotional offers made by the grantee to subscribers. These documents must be maintained for a minimum period of two years.
   (D)   Verification of compliance with standards.
      (1)   Upon 30 days prior written notice, the city manager may require the grantee to provide a written report demonstrating its compliance with any of the consumer service standards specified in this section. The grantee must provide sufficient documentation to enable the city to verify compliance.
      (2)   A repeated and verifiable pattern of noncompliance with the consumer protection and service standards of this section, after the grantee's receipt of written notice and an opportunity to cure, may be deemed a material breach of the franchise agreement.
   (E)   Subscriber complaints and disputes.
      (1)   The grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the city. The written procedures must prescribe the manner in which a subscriber may submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. The grantee must file a copy of these procedures with the city manager. These procedures must include a requirement consistent with section 23-14(C)(3).
      (2)   Upon request, and subject to law protecting subscriber privacy rights, the city manager has the right to review the grantee's response to subscriber complaints.
      (3)   All subscribers have the right to continue receiving service so long as their financial and other obligations to the grantee are honored. If the grantee elects to rebuild, modify, or sell the system, or if the city gives notice of intent to terminate or not to renew the franchise, the grantee must act so as to ensure that all subscribers receive service while the franchise remains in force.
      (4)   Upon a change of control of the grantee, or if a new operator acquires the cable system, the original grantee must cooperate with the city, the new grantee, or the new operator in maintaining continuity of service to all subscribers.
   (F)   Disconnection and downgrades.
      (1)   A subscriber may terminate or downgrade service at any time, and the grantee must promptly comply with the subscriber's request within five days or at any later time requested by the subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers. Grantee will impose no charges for the voluntary termination of service unless a visit to the subscriber's premises is required to remove a converter box or other equipment or property owned by the grantee.
      (2)   The grantee may disconnect a subscriber's service in compliance with paragraphs (i), (j), and (k) of Section 53088.2 of the Cal. Gov’t Code. If service is disconnected for nonpayment of past due fees or charges, the grantee must promptly reinstate service upon payment in full by the subscriber of all such fees and charges, including late charges.
      (3)   Notwithstanding the requirements of subsection (2) above, the grantee may immediately disconnect service to a subscriber if the subscriber is damaging or destroying the grantee's cable system or equipment.
      (4)   The grantee may also disconnect service to a subscriber when service causes signal leakage exceeding federal limits. If service is disconnected, and the leakage is not caused by the subscriber, the grantee will immediately resume service without charge upon the satisfactory correction of the signal leakage problem.
      (5)   Upon termination of service to a subscriber, the grantee will remove its equipment, not to include converter boxes, from the subscriber's premises within 30 days if the subscriber so requests. The customer will in no event be charged for a converter box upon termination of service. The equipment will be deemed abandoned if it is not removed within such time period unless the grantee has been denied access to the subscriber's premises.
   (G)   Changes in service.  Except as otherwise provided by law, subscribers must not be required to pay any additional fee or charge, other than the regular service fee, in order to receive the services selected. No charge may be imposed for any service or equipment that the subscriber has not affirmatively selected. Payment of the regular monthly bill will not by itself constitute an affirmative selection.
   (H)   Deposits.  The grantee may require a reasonable, nondiscriminatory deposit on equipment provided to subscribers. The grantee shall place such deposits in an interest-bearing account. The deposit must be returned, with interest earned to the date of repayment, within 30 days after the equipment is returned to the grantee.
   (I)   Parental control option.  The grantee must provide parental control devices at no charge to all subscribers who desire to block the video or audio portion of any pay channels that the subscriber finds objectionable. For other programming, such devices will be provided at no charge to the subscriber, unless otherwise required by law, or unless a converter box is required to be installed for the purpose of providing the parental control device.
   (J)   Additional requirements.
      (1)   All officers, agents, and employees of the grantee, or of its contractors or subcontractors, who, in the normal course of work, come into contact with members of the public, or who require entry onto subscribers' premises, must carry a photo-identification card in a form approved by the city manager. The grantee must account for all identification cards at all times.
      (2)   All vehicles of the grantee or its subcontractors must be clearly identified as vehicles engaged in providing services for the grantee.
      (3)   In addition to the consumer protection and service standards specified in this section, the grantee must comply with all applicable consumer protection and service standards that are imposed upon cable operators by the following:
         (a)   Federal statutes, and the rules, regulations, and orders of the FCC, including the following:
            1.   The provisions of Section 76.630 of Title 47 of the Code of Federal Regulations (CFR), as it now exists or may later be amended, which relate to compatibility with consumer electronics equipment.
            2.   The provisions of Section 551 of Title 47, United States Code, as it now exists or may later be amended, which relate to the protection of subscriber privacy.
         (b)   The provisions of Cal. Gov’t Code, Sections 53054 et seq., entitled the "Cable Television and Video Provider Customer Service and Information Act."
         (c)   The provisions of Cal. Gov’t Code, Section 53088 et seq., entitled the "Video Customer Service Act."
         (d)   The provisions of Cal. Civil Code, Section 1722(b)(1)-(6), which relate to service or repair transactions between cable television companies and their subscribers.
         (e)   The provisions of Cal. Penal Code, Section 637.5, which relate to subscribers' rights to privacy protection.
         (f)   All other applicable provisions of State law.
      (4)   If there is any conflict or inconsistency between a consumer protection and service standard specified in this section, and a standard set forth in the statutes, rules, regulations, and orders that are referenced above in subsection (3), then the standard that is specified in this section will apply to the extent authorized by law.
   (K)   Penalties for noncompliance.
      (1)   Purpose.  The purpose of this section is to authorize monetary penalties for the violation of the customer service standards established by this section in a manner consistent with the Video Customer Service Act (Cal. Gov’t Code, Sections 53088 et seq.) and pursuant to the city's inherent police powers. The imposition of penalties authorized by this section will and does not prevent the city or any other affected party from exercising any other remedy to the extent permitted by law.
      (2)   Administration and appeals.
         (a)   The city manager is authorized to administer this paragraph. Decisions by the city manager to assess monetary penalties against the grantee must be in writing and must contain findings supporting the decisions. Decisions by the city manager are final.
         (b)   If the grantee or any interested person is aggrieved by a decision of the city manager, the aggrieved party may appeal that decision in writing to the city council. The appeal letter must be accompanied by a fee of $1,500 for processing the appeal, unless prohibited by applicable law.
         (c)   The city council may affirm, modify, or reverse the decision of the city manager. The procedures governing the appeal shall be those pertaining to appeal of decisions of the Planning Commission.
      (3)   Schedule of penalties.  The following schedule of monetary penalties may be assessed against the grantee for the material breach of the provisions of the customer service standards set forth in this section, provided that the breach is within the reasonable control of the grantee:
         (a)   For a first material breach: The maximum penalty is $200 for each day of material breach, but not to exceed a cumulative total of $600 for each occurrence of the material breach.
         (b)   For a second material breach of the same nature within a 12-month period for which the city has provided notice and a penalty has been assessed: The maximum penalty is $400 for each day of the material breach, but not to exceed a cumulative total of $1,200 for each occurrence of the material breach.
         (c)   For a third or further material breach of the same nature within a 12-month period for which the city has provided notice and a penalty has been assessed: The maximum penalty is $1,000 for each day of the material breach, but not to exceed a cumulative total of $3,000 for each occurrence of the material breach.
         (d)   The maximum penalties referenced above may be increased by any additional amount authorized by State law.
      (4)   Judicial remedy.  This section does not preclude any affected party from pursuing any judicial remedy available to that party without regard to this section.
      (5)   Notification of breach.  The city must give the grantee written notice of any alleged breach of the consumer service standards and allow the grantee at least 30 days, or such longer time as may be reasonably necessary to cure, upon receipt of the notice to remedy the specified breach. For the purpose of assessing penalties, a material breach is deemed to have occurred for each day, following the expiration of the period for cure specified herein, that any breach has not been remedied by the grantee, irrespective of the number of subscribers affected.
      (6)   Limitations.  With respect to any grantee that operates under a franchise or license agreement with the city, any monetary penalties assessed under this section will be reduced dollar for dollar to the extent that any liquidated damage or penalty provision of the franchise or license agreement imposes a monetary obligation on the grantee for the same customer service failure, and the grantee pays such monetary obligations.
(Ord. No. 2650)
ARTICLE III.  OPEN VIDEO SYSTEMS
SEC. 23-25.  APPLICABILITY.
   The provisions of this article apply to an open video system operator, as defined below, that intends to deliver video programming to consumers in the city over an open video system.
(Ord. No. 2650)
SEC. 23-26.  APPLICATION REQUIRED.
   (A)   Before commencing the delivery of video programming services to consumers in the city over an open video system, the open video system operator must file an application with the city. That application must include or be accompanied by the following, as applicable:
      (1)   The identity of the applicant, including all affiliates of the applicant.
      (2)   Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR 76.1503(b)(1), and the Order of the FCC, all of which relate to certification of the applicant to operate an open video system in the city in accordance with Section 653(a)(1) of the Communications Act and the FCC's rules.
      (3)   The area or areas of the city that the applicant desires to serve.
      (4)   A description of the open video system services that will be offered by the applicant over its existing or proposed facilities.
      (5)   A description of the transmission medium that will be used by the applicant to deliver the open video system services.
      (6)   Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding the ownership and operation of the open video system described in the application.
      (7)   Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to:
         (a)   Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the city.
         (b)   Comply with the city's public, educational, and governmental access requirements, as specified below.
         (c)   Comply with the city's requirement that gross revenue fees be paid in the maximum amount authorized under federal law, as specified below.
      (8)   An accurate map showing the location of any existing telecommunications facilities in the city that the applicant intends to use, to purchase, or to lease.
      (9)   If the applicant's operation of the open video system will require the construction of new physical plant and facilities in the city, the following additional information must be provided:
         (a)   A preliminary construction schedule and completion dates.
         (b)   Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the city, in sufficient detail to identify:
            1.   The location and route requested for the applicant's proposed facilities.
            2.   The locations, if any, for interconnection with the facilities of other telecommunications service providers.
            3.   The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to add, remove, or relocate on a temporary or permanent basis.
         (c)   The applicant's statement that, in constructing any new physical plant, the applicant will comply with all ordinances, rules, and regulations of the city, including the payment of all required permit and processing fees.
      (10)   The information and documentation that is required to be submitted to the city by a video provider, as specified below.
      (11)   Such additional information as may be requested by the city manager.
      (12)   A deposit in an amount of $50,000.
   (B)   If any item of information specified above in subsection (A) is determined under law to be unlawful, the city manager is authorized to waive the requirement that such information be included in the application.
(Ord. No. 2650)
SEC. 23-27.  REVIEW OF THE APPLICATION.
   Within 30 days after receipt of an application filed under section 23-26 that is deemed to be complete, the city manager will give written notice to the applicant of the city manager's intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the city council. The commencement of those negotiations will be on a date that is mutually acceptable to the city manager and to the applicant.
(Ord. No. 2650)
SEC. 23-28.  AGREEMENT REQUIRED.
   (A)   No video programming services may be provided in the city by an open video system operator unless the operator and the city have executed a written agreement, which may be designated as a franchise, setting forth the terms and conditions under which the operation of the proposed open video system will be authorized and approved by resolution of the city council.
   (B)   The agreement between the city and the open video system operator may contain terms and conditions that relate to the following subject matters, to the extent that such terms, conditions, and subject matters are not preempted by federal law or regulations:
      (1)   The nature, scope, and duration of the agreement, including provisions for its renewal or extension.
      (2)   The obligation of the open video system operator to pay to the city, at specified times and in lieu of the franchise fees permitted under Section 622 of the Communications Act, fees on the gross revenue received by the operator, as authorized by 47 CFR 76.1511, in accordance with the following standards and procedures:
         (a)   The amount of the fees on the gross revenue will be the maximum amount authorized by Section 653(c)(2)(B) of the Communications Act, which is the rate imposed by the city on the existing franchised cable operator.
         (b)   The term "gross revenue" has the meaning set forth in 47 CFR 76.1511, and includes:
            1.   All gross revenue received by an open video system operator or its affiliates, including all revenue received from subscribers and all carriage revenue received from unaffiliated video programming providers; and
            2.   All advertising revenue received by the operator or its affiliates in connection with the provision of video programming, where such revenue is included in the calculation of the cable franchise fee paid to the city by the franchised cable operator. The term "gross revenue" does not include revenue, such as subscriber or advertising revenue, collected by unaffiliated video programming providers.
      (3)   The obligation of the open video system operator to comply with requirements relating to information collection and record keeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on the gross revenue that are required to be paid as specified above in subsection (2).
      (4)   The obligation of the open video system operator to meet the city's requirements with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment, as provided for in 47 CFR 76.1505. In this regard, the following standards and procedures are applicable:
         (a)   The open video system operator is subject to the same public, educational, and governmental access requirements that apply within the cable television franchise service area with which its system overlaps.
         (b)   The open video system operator must ensure that all subscribers receive all public, educational, and governmental access channels within the franchise service area in which the city's subscribers are located.
         (c)   The open video system operator may negotiate with the city to establish the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment. These negotiations may include the city's franchised cable operator if the city, the open video system operator, and the franchised cable operator so desire.
         (d)   If the open video system operator and the city are unable to reach an agreement regarding the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment within the city's jurisdiction, then the following obligations will be imposed:
            1.   The open video system operator must satisfy the same public, educational, and governmental access obligations as the city's franchised cable operator by providing the same amount of channel capacity for public, educational, and governmental access and by matching the city's franchised cable operator's annual financial contributions in support of public, educational, and governmental access services, facilities, and equipment that are actually used by the city or other users.
            2.   For in-kind contributions, such as cameras or production studios, the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the city's franchised cable operator, so that public, educational, and governmental access services to the city are improved or increased. If such terms cannot be agreed upon, the open video system operator must pay to the city the monetary equivalent of the franchised cable operator's depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the open video system operator must be used to fund activities arising under Section 611 of the Communications Act.
            3.   The city will impose upon the open video system operator the same rules and procedures that the city imposes upon the franchised cable operator with regard to the open video system operator's use of channel capacity designated for public, educational, and governmental access use when that capacity is not being used for such purposes.
         (e)   The city's franchised cable operator is required under federal law to permit the open video system operator to connect with its public, educational, and governmental access channel feeds. The open video system operator and the franchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the open video systems involved.
         (f)   If the franchised cable operator and the open video system operator cannot agree on how to accomplish the connection, the city has the right to decide. The city may require that the connection occur on city-owned property or on public rights-of-way.
         (g)   All costs of connection to the franchised cable operator's public, educational, and governmental access channel feed must be borne by the open video system operator. These costs will be counted towards the open video system operator's matching financial contributions set forth above.
         (h)   The city will not impose upon the open video system operator any public, educational, or governmental access obligations that are greater than those imposed upon the franchised cable operator.
         (i)   If there is no existing franchised cable operator, the provisions of 47 CFR 76.1505(d)(6) will be applicable in determining the obligations of the open video system operator.
         (j)   The open video system operator must adjust its system to comply with new public, educational, and access obligations imposed on the city's franchised cable operator following a renewal of the cable television franchise; provided, however, that the open video system operator will not be required to displace other programmers using its open video system to accommodate public, educational, and governmental access channels. The open video system operator must comply with such new public, educational, and governmental access obligations whenever additional capacity is or becomes available, whether additional capacity is due to increased channel capacity or to decreased demand for channel capacity.
      (5)   If the city and the open video system operator cannot agree on the application of the FCC's rules regarding the open video system operator's obligations to provide public, educational, and governmental access under the provisions of subsection (4) set forth above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR 76.1514. No agreement will be executed by the city until the dispute has been finally resolved.
      (6)   If the open video system operator intends to maintain an institutional network, as defined in Section 611 (f) of the Communications Act, the city will require that educational and governmental access channels be designated on that institutional network to the same extent that those channels are designated on the institutional network of the city's franchised cable operator.
      (7)   The authority of an open video system operator to exercise editorial control over any public, educational, or governmental use of channel capacity will be restricted in accordance with the provisions of 47 CFR 76.1505(f).
      (8)   The obligation of the open video system operator to comply with all federal, State, and local statutes, ordinances, and regulations relating to customer service standards, including those specified in article II of this chapter.
      (9)   If a new physical plant is proposed to be constructed within the city, the open video system operator shall comply with the following rights-of-way use and management responsibilities that are also imposed by the city upon other cable television and telecommunications service providers in a nondiscriminatory and competitively neutral manner:
         (a)   Compliance with the City Code, regulations and standards including all ordinances relating to street excavations, including making applications for excavation, encroachment, and construction permits, and the payment of all required permit and inspection fees.
         (b)   The coordination of construction activities.
         (c)   Compliance with established standards and procedures for constructing lines across private property.
         (d)   Compliance with all insurance and indemnification requirements.
         (e)   Compliance with all public safety requirements that are applicable to cable television and telecommunications service providers and others using public property or public rights-of-way.
      (10)   Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, and other remedies, including fines or the suspension, revocation, or termination of the agreement.
      (11)   Requirements relating to the sale, assignment, or transfer of the open video system.
      (12)   Requirements relating to the open video system operator's compliance with and implementation of State and federal laws, rules, and regulations pertaining to the operation of the open video system.
      (13)   Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the city and the open video system operator and that will, in the judgment of the city council, best serve the public interest and protect the public health, welfare, and safety.
(Ord. No. 2650)
ARTICLE IV.  OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND SYSTEMS
SEC. 23-40.  OTHER MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.
   (A)   The term "cable system," as defined in federal law and as set forth in section 23-55 below, does not include a facility that serves subscribers without using any public rights-of-way.
   (B)   The categories of multichannel video programming distributors identified below are not deemed to be "cable systems" and are therefore not subject to the city's franchise requirements of certain other local regulatory provisions authorized by federal law, provided that the video programming distributor's distribution or transmission facilities do not involve the use of the city's public rights-of-way:
      (1)   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.
      (2)   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.
      (3)   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.
      (4)   Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:
         (a)   47 U.S.C. section 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services.
         (b)   Section 602 of the Telecommunications Act of 1996 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.
         (c)   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.
(Ord. No. 2650)
SEC. 23-41.  VIDEO PROVIDERS - REGISTRATION; CUSTOMER SERVICE STANDARDS.
   (A)   Unless the customer protection and service obligations of a video provider, as that term is defined in section 23-55, are specified in a franchise, license, lease, or similar written agreement with the city, a video provider must comply with these State statutes:
      (1)   The Cable Television and Video Customer Service and Information Act (Cal. Gov’t Code, Sections 53054 et seq.)
      (2)   The Video Customer Service Act (Cal. Gov’t Code, Sections 53088 et seq.)
   (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 manager; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license or lease or similar written agreement with the city. The registration form must include or be accompanied by the following:
      (1)   The video provider's name, address, and local telephone numbers.
      (2)   The names of the officers 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 Cal. Gov’t Code, Sections 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 acknowledgment of its obligation under Cal. Gov’t Code, Section 53055.1 to provide to new customers a notice describing the customer service standards specified above in subsections (a) through (f) at the time of installation or when service is initiated. The notice must also include, in addition to all of the information described above in subsections (a) through (f), all of the following:
            1.   A listing of the services offered by the video provider that clearly describes all levels of service and the rates for each level of service.
            2.   The telephone number or numbers through which customers may subscribe to, change, or terminate service, request customer service, or seek general or billing information.
            3.   A description of the rights and remedies that the video provider may make available to its customers if the video provider does not materially meet its customer service standards.
         (h)   The video provider's written commitment to distribute annually to its employees and customers, and to the city, a notice describing the customer service standards specified above in subsections (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 Cal. Gov’t Code, Section 53055.2.
         (i)   Subject to the written notice and cure provisions of Cal. Gov’t Code, Section 53056(b), a video provider that fails to distribute the annual notice required by Cal. Gov’t Code, Section 53055.1 will be assessed a monetary penalty in the sum of $500 for each year in which the annual notice is not distributed to all of its customers.
      (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 Cal. Gov’t Code, Section 53088.2(o).
   (C)   The customer service obligations imposed upon video providers by the Video Customer Service Act (Cal. Gov’t Code, Section 53088 et seq.) consist of the following:
      (1)   Every video provider must render reasonably efficient service, make repairs promptly, and interrupt service only as necessary.
      (2)   All video provider personnel contacting subscribers or potential subscribers outside the office of the provider must be clearly identified as associated with the video provider.
      (3)   At the time of installation, and annually thereafter, all video providers must provide to all customers a written notice of the programming offered, the prices for that programming, the provider's installation and customer service policies, and the name, address, and telephone number of the city's office that is designated for receiving complaints.
      (4)   All video providers must have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours.
      (5)   All video providers must provide to customers a toll-free or local telephone number for installation, service, and complaint calls. These calls must be answered promptly by the video providers.
      (6)   All video providers must render bills that are accurate and understandable.
      (7)   All video providers must respond promptly to a complete outage in a customer's service. The response must occur within 24 hours of the reporting of that outage to the provider, except in those situations beyond the reasonable control of the video provider. A video provider will be deemed to respond to a complete outage when a company representative arrives at the outage location within 24 hours and begins to resolve the problem.
      (8)   All video providers must provide a minimum of 30 days' written notice before increasing rates or deleting channels. All video providers must make every reasonable effort to submit the notice to the city manager in advance of its distribution to customers.
      (9)   The 30-day notice is waived if the increases in rates or deletion of channels are outside the control of the video provider. In those cases, the video provider must make reasonable efforts to provide customers with as much notice as possible.
      (10)   All video providers must allow every residential customer who pays his/her bill directly to the video provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. Customer payments must be posted promptly.
      (11)   No video provider may terminate residential service for nonpayment of a delinquent account unless the video provider furnishes notice of the delinquency and impending termination at least 15 days prior to the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom the service is billed. The notice must not be mailed until the 16th day after the date the bill for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. No video provider may assess a late fee any earlier than the twenty-second day after the bill for service has been mailed.
      (12)   Every notice of termination of service pursuant to subsections (10) and (11) must include all of the following information:
         (a)   The name and address of the customer whose account is delinquent.
         (b)   The amount of the delinquency.
         (c)   The date by which payment is required in order to avoid termination of service.
         (d)   The telephone number of a representative of the video provider who can provide additional information and handle complaints or initiate an investigation concerning the service and charges in question.
         (e)   Service may only be terminated on days in which the customer can reach a representative of the video provider either in person or by telephone.
      (13)   Any service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions.
      (14)   All video providers must issue requested refund checks promptly, but no later than 45 days following the resolution of any dispute, and if service is terminated, following the return of the equipment supplied by the video provider.
      (15)   All video providers must issue security or customer deposit refund checks promptly, but no later than 45 days following the termination of service, less any deductions permitted by law.
      (16)   Video providers must not disclose the name and address of a subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the businesses of the video providers or its affiliates, unless the video providers have provided to the subscriber a notice, separate or included in any other customer notice, that clearly and conspicuously describes the subscriber's ability to prohibit that disclosure. Video providers must provide an address and telephone number for a local subscriber to use without toll charge to prevent disclosure of the subscriber's name and address.
   (D)   As authorized by Cal. Gov’t Code, Section 53088(q), the following schedule of penalties is adopted. These penalties may be imposed for the material breach by a video provider of the consumer protection and service standards that are set forth above, provided that the breach is within the reasonable control of the video provider. These penalties are in addition to any other remedies authorized by this chapter or by any other law, and the city manager has discretion to elect the remedy that applies. The imposition of penalties authorized by this section (D) will not prevent the city or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy.
      (1)   The following is the schedule of penalties for material breach of the consumer protection and service standards.
         (a)   For a first material breach: The maximum penalty is $200 for each day of material breach, but not to exceed a cumulative total of $600 for each occurrence of material breach, irrespective of the number of customers affected.
         (b)   For a second material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12-month period: The maximum penalty is $400 per day, not to exceed a cumulative total of $1,200 for each occurrence of the material breach, irrespective of the number of customers affected.
         (c)   For a third or further material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12-month period: The maximum penalty is $1,000 per day, not to exceed a cumulative total of $3,000 for each occurrence of the material breach, irrespective of the number of customers affected.
         (d)   The maximum penalties referenced above may be increased by any additional amount authorized by State law.
      (2)   The imposition of penalties in accordance with the provisions of subsection (1) above does not preclude any affected party from pursuing any judicial remedy that is available to that party.
      (3)   (a)   The city manager is authorized to administer section 23-41(D). Decisions by the city manager to assess penalties against a video provider must be in writing and must contain findings supporting the decisions. Decisions by the city manager are final.
         (b)   If the video provider or any interested person is aggrieved by a decision of the city manager, the aggrieved party may appeal that decision in writing to the city council. The appeal letter must be accompanied by a fee of $1,500 for processing the appeal. The city council may affirm, modify, or reverse the decision of the city manager. The procedures governing the appeal shall be those pertaining to appeal of decisions of the Planning Commission.
         (c)   The imposition of monetary penalties under subsection (1) above is subject to the following requirements and limitations:
            1.   The City must give the video provider written notice of any alleged material breach and must allow the video provider at least 30 days from receipt of that notice to remedy the breach.
            2.   For the purpose of assessing monetary penalties, a material breach will be deemed to have occurred for each day following the expiration of the period for cure specified in subsection 1. above that the material breach has not been remedied by the video provider, irrespective of the number of customers affected.
(Ord. No. 2650)
SEC. 23-42.  ANTENNAS FOR COMMUNICATIONS SERVICES.
   Article V of Chapter 16 (section 16-485et seq.) of the Oxnard City Code sets forth the regulatory requirements that apply to telephone corporations and other utility service providers with regard to the placement and construction of various categories of antennas, including wireless communications antenna facilities, that are commonly used in transmitting or receiving communications services.
(Ord. No. 2650)
SEC. 23-43.  TELECOMMUNICATIONS SERVICE PROVIDED BY TELEPHONE CORPORATIONS.
   (A)   The city council finds and determines as follows:
      (1)   The federal Telecommunications Act of 1996 preempts and declares invalid all State rules that restrict entry or limit competition in both local and long-distance telephone service.
      (2)   The California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of local telephone competition. The CPUC issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations.
      (3)   Section 234(a) of the Cal. Pub. Util. Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state."
      (4)   Section 616 of the Cal. Pub. Util. Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line."
      (5)   Section 2902 of the Cal. Pub. Util. Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets.
      (6)   Section 7901 of the Cal. Pub. Util. Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this State, and to erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.
      (7)   Section 7901.1 of the Cal. Pub. Util. Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner. Nothing in Section 7901.1 adds to or subtracts from any existing authority that municipalities have with respect to the imposition of fees.
      (8)   Section 50030 of the Cal. Gov’t Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes.
   (B)   In recognition of and in compliance with the statutory authorizations and requirements set forth above in subsection (A), the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed within the city's public rights-of-way:
      (1)   The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, building permit or other permit required by this Code ("construction permit"), and comply with all city ordinances, resolutions, and construction standards in connection with construction or repair in the public right of way.
      (2)   In addition to any other information required by this Code in connection with an application for a construction permit, a telephone corporation must submit to the city manager, upon request, the following supplemental information:
         (a)   A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the city's public rights-of-way. Any applicant that, prior to 1996, provided telecommunications service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a certificate of public convenience and necessity.
         (b)   If the applicant has obtained from the CPUC a certificate of public convenience and necessity to operate as a "competitive local carrier," the following additional requirements are applicable:
            1.   As required by Decision No. 95-12-057 of the CPUC, the applicant must establish that it has timely filed with the city a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the city during the calendar quarter in which the application is filed, so that the city can coordinate multiple projects, as may be necessary.
            2.   If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC.
            3.   The applicant must inform the city whether its proposed construction project will be subject to any of the mitigation measures specified in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects for Local Exchange Communication Service throughout California"] or to the Mitigation Monitoring Plan adopted in connection with Decision No. 95-12-057 of the CPUC.
            4.   The city's issuance of a construction permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as "competitive local carriers."
   (C)   The city reserves all rights that it now possesses or may later acquire with respect to the regulation of any cable or telecommunications service that is provided, or proposed to be provided, by a telephone corporation. These reserved rights may relate, without limitation, to the imposition of reasonable conditions in addition to or different from those set forth in this section, the exaction of a fee or other form of consideration or compensation for use of public rights-of-way, and related matters; provided, however, that such regulatory rights and authority must be consistent with federal and State law that is applicable to cable or telecommunications services provided by telephone corporations.
   (D)   The city council finds and determines that numerous and repetitive excavations in the public rights-of-way diminish the useful life of the surface pavement and generally cause adverse negative impacts for local residents, local businesses, and vehicular and pedestrian traffic. The city council further finds and determines that the utility substructure in the public rights-of-way is subject to potential adverse negative impacts as a consequence of new economic and regulatory policies that foster increased competition between various utility service providers, including telephone corporations.
   (E)   In order to mitigate these potential adverse negative impacts, all utility service providers, including telephone corporations, and any other person or entity desiring to make an excavation in the public right of way shall comply with all city ordinances, resolutions, and construction standards governing excavations in the public right-of-way.
   (F)   The city council further finds and determines that the installation in the public rights-of-way of numerous aboveground facilities by utility service providers, including telephone corporations, may create safety hazards and adverse visual impacts. All such providers are subject to all city ordinances, resolutions and construction standards pertaining to any such installation.
(Ord. No. 2650)
SEC. 23-44.  STATE VIDEO FRANCHISEES.
   (A)   PEG fee established.
      (1)   In accord with Cal. Pub. Util. 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. 
      (2)   The amount of the PEG Fee established by this section is 1% of gross revenues, as defined in this code, the applicable city-issued franchise, or Cal. Pub. Util. Code Section 5860(d).
      (3)   Commencing from and after April 10, 2018, the city’s PEG fee set forth in this section shall continue to apply to any new or existing franchisee operating in the city and shall automatically be reauthorized upon the expiration of any existing or future state video franchise(s) held by any state- franchised video service provider operating within the city. This fee shall so renew until such time that the city council takes formal affirmative action to cease the renewals.
   (B)   Franchise fee established. 
      (1)   For any state franchisee, the amount of the franchise fee imposed by Cal. Pub. Util. Code Section 5840(q) shall be 5% of gross revenues, as defined in Cal. Pub. Util. Code Section 5860(d).
      (2)   In accordance with Cal. Pub. Util. Code Section 5860(a), the City Manager will prepare and provide to state franchisees all necessary documentation supporting the percentage franchise fee paid by the incumbent cable operator serving the city.
   (C)   Notices from state franchisees. Any notice a state franchisee is required to deliver to the city by Cal. Pub. Util. Code Section 5840(m) must be delivered to the City Manager.
   (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 regulations regarding customer service and customer protection.
      (2)   The City Manager may review the performance of state franchisees for compliance with the customer service requirements specified in Cal. Pub. Util. Code Section 5900 (the “Customer Service Standards”).
      (3)   If the city believes a material breach of the customer service standards has occurred, the City Manager must give the state franchisee written notice of any alleged material breach(es). The state franchisee must remedy the specified material breach(es) no later than 30 days from receipt of the notice.
      (4)   If the state franchisee fails to remedy the specified material breach(es) within 30 days. the City Manager may impose monetary penalties on the following schedule:
         (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 12 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 12 months, up to $1,000 for each day of each material breach, not to exceed $3,000 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  60 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)   The City Manager shall ensure PEG transmissions, content, and programming provided by the city to a state franchisee is in a format compatible with the state franchisee's system. In the alternative, the transmissions, content, and programming may be provided in a industry standard format, in accord with Cal. Pub. Util. Code Section 5870(g)(1).
   (G)   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 45 days of receipt of the notice required by Cal. Pub. Util. Code Section 5840(n), each city and state franchisee must provide to the City Manager a written statement of the number of its subscribers within the franchisee's service area in the city.
      (2)   Within 45 days of receipt all franchisee subscriber number statements, the City Manager 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.
   (H)   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 Cal. Pub. Util. Code Section 5870. The City Manager, or his or her designee, may make any interconnection determinations of the city under Cal. Pub. Util. Code Section 5870, including requiring interconnection where the city franchisee and state franchisee fail to reach a mutually acceptable interconnection agreement.
(Ord. No. 2782, 2939, 2940)
ARTICLE V.  DEFINITIONS
SEC. 23-55.  DEFINED TERMS AND PHRASES.
   (A)   For purposes of this chapter, the following words shall have the following meanings.
      (1)   "Cable Service" means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally.
      (2)   "Cable System," or "Cable Communications System" or "Cable Television System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term "cable system" does not include:
         (a)   A facility that serves only to retransmit the television signals of one or more television broadcast stations;
         (b)   A facility that serves subscribers without using any public right-of-way;
         (c)   A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the Communications Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
         (d)   An open video system that complies with Section 653 of the Communications Act; or
         (e)   Any facilities of an electric utility that are used solely for operating its electric utility system.
      (3)   "Cable System Operator" means any person or group of persons:
         (a)   Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or
         (b)   Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.
      (4)   "Communications Act" means the Communications Act of 1934 (47 U.S.C. section 153 et seq.), as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996.
      (5)   "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level.
      (6)   "Franchise" means an initial authorization, or the renewal of an initial authorization, granted by the city council, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, or otherwise, that authorizes the construction or operation of a cable system or an open video system.
      (7)   "Franchise Fee" means any fee or assessment of any kind that is authorized by State or federal law to be imposed by the city on a grantee as compensation in the nature of rent for the grantee's use of the public rights-of-way. The term "franchise fee" does not include:
         (a)   Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);
         (b)   Capital costs that are required by the franchise to be incurred by a grantee for public, educational, or governmental access.
         (c)   Requirements or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
         (d)   Any fee imposed under Title 17, United States Code.
      (8)   "Franchise Service Area" or "Service Area" means the entire geographic area of the city as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement.
      (9)   "Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee.
      (10)   "Multichannel Video Programming Distributor" or "Video Programming Distributor" means a person such as, but not limited to, a cable system operator, an open video system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive- only satellite program distributor, that makes available multiple channels of video programming for purchase by subscribers or customers.
      (11)   "Open Video System" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the city, provided that the FCC has certified that such system is authorized to operate in the city and complies with 47 CFR 1500 et seq., entitled "Open Video Systems."
      (12)   "Open Video System Operator" means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.
      (13)   "Public, Educational Or Government Access Facilities" or "PEG Access Facilities," means the total of the following:
         (a)   Channel capacity designated for noncommercial public, educational, or government use; and
         (b)   Facilities and equipment for the use of that channel capacity.
      (14)   "Subscriber" or "Customer" or "Consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services.
      (15)   “State Franchisee” means any holder of a state-issued video franchise operating in the city, as defined in Cal. Pub. Util. Code Section 5830(p).
      (16)   "Street" or "Public Right-of-Way" means any public property, including each of the following that has been dedicated to the public or to public use and maintained under public authority or by others and is located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar public property that the city from time to time authorizes to be included within the definition of a street.
      (17)   "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
      (18)   "Telecommunications Equipment" means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment.
      (19)   "Telecommunications Service" means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used.
      (20)   "Telecommunications Service Provider" means any provider of telecommunications service.
      (21)   "Video Programming Provider" means any person or group of persons who has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on a cable system or an open video system.
      (22)   "Video Provider" means any person, company, or service that provides one or more channels of video programming to a residence, including a home, multi-family dwelling complex, congregate-living complex, condominium, apartment, or mobile home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of- way are used in the delivery of that video programming and includes, without limitation, providers of cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology.
   (B)   Unless otherwise expressly stated, words, terms, and phrases not defined in this chapter will be given the meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that code, the meaning as used in Title 47 of the CFR.
(Ord. No. 2650, 2782)
ARTICLE VI.  VIOLATIONS; SEVERABILITY
SEC. 23-65.  VIOLATIONS; ENFORCEMENT.
   (A)   Any person who violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided for in this Code.
   (B)   The misdemeanor penalty specified above in subsection (A) is not applicable to a violation of any provision of this chapter for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the city and a multichannel video programming distributor or telecommunications service provider.
   (C)   The city may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter.
(Ord. No. 2650)
SEC. 23-66.  SEVERABILITY.
   If any provision of this chapter is determined by any court of competent jurisdiction, or by any federal or State agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or State law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this chapter, and such determination will not affect the validity and enforceability of any other provisions. If that paramount federal or State law or regulation is subsequently repealed or amended so that the provision of this chapter determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafter be binding on the city and any affected video or telecommunications service provider; provided, however, that the city must give the affected video or telecommunications service provider 30 days written notice of that change before requiring compliance with that provision, or such longer period of time as may be reasonably required for the video or telecommunications service provider to comply with that provision.
(Ord. No. 2650)