A. A holder shall comply with sections 53055, 53055.1, 53055.2 and 53088.2 of the Government Code, and any other customer service standards pertaining to the provision of video service established by federal law or regulation or adopted by subsequent amendment by the state legislature. All customer service and consumer protection standards under this section shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.
B. A holder shall comply with section 637.5 of the California Penal Code and the privacy standards of section 551 of title 47 of the United States Code.
C. The city is authorized to enforce all customer service and protection standards contained set forth in DIVCA, with respect to complaints received from the residents within the city's jurisdiction. The city is authorized to impose penalties for any material breach of any applicable customer service standards, as set forth herein.
D. The city manager, or the city manager's designee, is authorized to monitor the compliance of holders with respect to state and federal customer service and protection standards, shall provide the holder with written notice of any material breaches of applicable customer service standards, and allow the holder thirty (30) days from the receipt of the notice to remedy the specified material breach. No monetary penalties shall be assessed for a material breach if the breach is out of the reasonable control of the holder. Material breaches not remedied within the thirty (30) day time period will be subject to the maximum penalties imposed by the city, as described in subsection E of this section. A material breach for the purposes of assessing penalties shall be deemed to have occurred for each day, following the expiration of the above stated thirty (30) day cure period, in which any material breach has not been remedied by the video service provider, irrespective of the number of customers or subscribers affected. Any penalty shall be provided to the city by the violating state franchise holder and the city shall submit one-half (1/2) of the penalty to the digital divide account established through section 280.5 of the Public Utilities Code.
E. The maximum monetary penalties set forth in California Public Utilities Code section 5900 are hereby adopted and enacted as the applicable schedule of penalties for the material breach of the applicable customer service standards by a holder, as follows:
1. For the first occurrence of a material breach, the monetary penalty shall be five hundred dollars ($500.00) for each day of each material breach.
2. If a material breach has occurred and notice has been provided and a fine or penalty has been assessed, for any subsequent material breach of the same nature within twelve (12) months, the penalty shall be one thousand dollars ($1,000.00) for each day of each material breach, not to exceed three thousand dollars ($3,000.00) for each occurrence of the material breach.
3. If a third or further material breach of the same nature occurs within those same twelve (12) months, and notice has been provided and a fine or penalty has been assessed, the penalty shall be two thousand five hundred dollars ($2,500.00) for each day of each material breach, not to exceed seven thousand five hundred dollars ($7,500.00) for each occurrence of the material breach. (Ord. 2771, 2012)