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(a) A state franchisee shall comply with Sections 53055, 53055.1, 53055.2 and 53088.2 of the California Government Code; the FCC customer service and notice standards set forth in Sections 76.309, 76.1602, 76.1603 and 76.1619 of Title 47 of the Code of Federal Regulations; Section 637.5 of the California Penal Code; the privacy standards of Section 551 of Title 47 of the United States Code; and all other applicable state and federal customer service and consumer protection standards pertaining to the provision of video service, including any such standards hereafter adopted. In case of a conflict, the stricter standard shall apply. All customer service and consumer protection standards under this paragraph shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.
(b) The cable coordinator shall monitor the compliance of state franchisees with respect to the state and federal customer service and consumer protection standards set forth in paragraph (a). The cable coordinator will provide a state franchisee with written notice of any material breaches of applicable customer service or consumer protection standards, and will allow the state franchisee thirty days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty-day time period will be subject to the following penalties to be imposed by the city:
(1) For the first occurrence of a violation, a fine of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.
(2) For a second violation of the same nature within twelve months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.
(3) For a third or further violation of the same nature within twelve months, a fine of $2,500.00 shall be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation.
(c) A state franchisee may appeal a penalty assessed by the cable coordinator to the council within sixty days of the initial assessment. The city council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The council's decision on the imposition of a penalty shall be final.
(Ord. 4945 § 13, 2007)
(a) A state franchisee shall comply with the EAS requirements of the FCC in order that emergency messages may be distributed over the state franchisee's network.
(b) A state franchisee's EAS shall be remotely activated by telephone and shall allow an authorized representative of the city to override the audio and video on all channels on the state franchise's network that may be lawfully overridden, without the assistance of the state franchisee, for emergency broadcasts from a location designated by the city in the event of a civil emergency or for reasonable tests. Testing of a state franchisee's EAS shall occur at times that will cause minimal subscriber inconvenience.
(c) The city shall permit only appropriately trained and authorized persons to operate the EAS equipment. Except to the extent expressly prohibited by applicable law, the city shall hold the state franchisee, its employees and officers harmless from any claims arising out of the emergency use of its facilities by the city.
(d) Paragraphs (b) and (c) of this Section 2.11.110 shall expire and no longer be effective after July 25, 2010.
(Ord. 4945 § 14, 2007)
(a) The captions to sections throughout this Chapter 2.11 are intended solely to facilitate reading and reference to the sections and provisions of this chapter. Such captions shall not affect the meaning or interpretation of this chapter.
(b) Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Chapter 2.11, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.
(c) If any term, condition, or provision of this Chapter 2.11 shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency of competent jurisdiction, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law that renders valid the provision that had been held invalid, that provision shall thereupon return to full force and effect without further action by the city and shall thereafter be binding on the state franchisee and the city.
(Ord. 4945 § 16, 2007)