A. Local franchisees and licensees and holders of state franchises under the Act shall comply with the provisions of Section 637.5 of the Penal Code and the privacy standards contained in Section 631 of the federal Cable Act (47 U.S.C. Section 551 et seq.). Local franchisees and licensees and holders of state franchises shall comply with the provisions of 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 enactment of the Act. Local franchisees and licensees shall comply with any customer services standards included in the franchise and license agreements. The commission and/or the city shall enforce, in the manner set forth in the Act, all customer service and protection standards contained in Section 5900 of the Act, including without limitation those standards set forth in Section 5900(c). The commission has been and is hereby authorized to impose penalties for any material breach of the Act, as set forth herein.
B. The maximum monetary penalties set forth in Public Utilities Code Section 5900 are hereby adopted and enacted as the applicable schedule of penalties for the material breach of the Act, including, but not limited to, Section 5900 of the Act, by a holder of a state franchise, as follows:
1. Five hundred dollars ($500.00) per day for each material breach, not to exceed one thousand five hundred dollars ($1,500.00) for the occurrence of a material breach;
2. If a material breach has occurred and notice has been provided and a fine or penalty has been assessed, any subsequent breach of the same nature within twelve (12) months shall be subject to a penalty of up to 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 fine or penalty has been assessed, the penalties shall be increased to a maximum of two thousand five hundred dollars ($2,500.00) for each occurrence of the material breach, not to exceed seven thousand five hundred dollars ($7,500.00) for each occurrence of the material breach.
As used herein, "material breach" is defined as set forth in the Act, Public Utilities Code Section 5900. (Ord. 2008-043 § 2)