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(a) Notwithstanding any other provision of this chapter, if the Commission receives a request to approve the sale or other transfer of a license that contains sufficient information on which the Commission may act, a final decision on the request, including any appeal, shall be completed within 120 days of the request, unless the requesting party and the Commission staff agree to an extension of time.
(b) If no extension has been agreed to, the Commission shall conduct a hearing within 40 days after the Commission staff received a request that contains sufficient information. Within 10 days after the completion of the hearing the Commission shall issue and serve a written decision. The Commission's decision under this section shall be final within 10 days of the written decision unless it is appealed to the Board of Supervisors. If the Commission denies the request to approve the sale or other transfer, the licensee or proposed transferee may appeal to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors with 10 days of the date of the Commission's written decision. The Board shall hear the appeal within 50 days after the notice of appeal is filed and shall announce its decision at the completion of the appeal hearing. The Board's decision shall be final.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
Except for a hearing on a sale or transfer of a license under section 21.1627, the Commission shall issue a written decision within 15 days of the hearing, which shall be served on the parties to the hearing.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
Except as provided in section 21.1627, a decision rendered by the Commission shall become effective 30 days after the date of the decision unless the decision is appealed to the Board of Supervisors. If all parties to a decision agree in writing, a decision may become effective earlier than 30 days from the date of the decision.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) Except as provided in section 21.1627, a party to a Commission decision may appeal the decision to the Board of Supervisors by filing a notice of appeal to the Clerk of the Board within 30 days of the Commission's oral decision. The notice of appeal under this section shall:
(1) Be accompanied by a copy of the Commission's written decision;
(2) Contain a concise statement of the grounds for appeal including any errors the appellant alleges the Commission committed; and
(3) Contain an address within the County of San Diego to which the County may send written notices related to the appeal.
(b) The Clerk of the Board shall schedule the appeal for a hearing before the Board within 60 days from the date the appeal is filed. The Clerk shall provide each appellant with at least 10 days written notice of the hearing.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
The Board of Supervisors may adopt the Commission's decision, modify the Commission's decision or reverse the Commission's decision or refer the matter back to the Commission for further hearing, specifying issues requiring additional evaluation. If the Board adopts, modifies or reverses the Commission's decision following a hearing, the Board's decision shall be final on the date it is orally announced.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) Within three months after receiving a State franchise to provide video programming within the unincorporated area of the County, a franchisee shall provide on its network one public access channel, one educational channel and one government channel. A franchisee shall not, however, be obligated to provide PEG channels before the date it begins providing service to any subscriber. The PEG channels shall comply with Public Utilities Code section 5870 and shall be for the exclusive use of the County or its designee.
(b) After receiving notice that a franchisee has been issued a State franchise to provide video service within the unincorporated area of the County, the County will send written notice to the franchisee reminding the franchisee of its obligation under subsection (a) above to provide PEG channels.
(c) A franchisee issued a State franchise shall pay the County a fee of one percent of its gross revenues to support the PEG channels. The obligation to pay the fee under this subsection shall begin on the effective date of this subsection or the date the franchisee begins providing video service, whichever is later. A franchisee shall remit the PEG fee to the County quarterly, within 45 days after the end of the quarter for that calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the fee calculation. If the franchisee does not pay the PEG fee when due, the franchisee shall pay a late payment charge at a rate per year equal to the legal rate of interest. If the franchisee has overpaid the PEG fee, it may deduct the overpayment from its next quarterly payment.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 9896 (N.S.), effective 12-6-07; reenacted by Ord. No. 10478 (N.S.), effective 4-25-17; amended by Ord. No. 10756 (N.S.), effective 12-2-21)
(a) A franchisee shall obtain an encroachment permit from the County in accordance with Title 7 of the County Code before it engages in any excavation, construction or installation of any cable, equipment or any other thing in a County right of way.
(b) A franchisee who is denied an encroachment permit after submitting a completed application for the permit shall have the right to appeal the denial by filing a notice of appeal with the Clerk of the Board of Supervisors within 15 days from the notice of denial. The notice of appeal under this section shall:
(1) Be accompanied by a copy of the written decision denying the permit, if any;
(2) Contain a concise statement of the grounds for appeal including any errors the appellant alleges were committed; and
(3) Contain an address within the County of San Diego to which the County may send written notices related to the appeal.
(c) The Clerk of the Board shall schedule the appeal for a hearing before the Board within 60 days from the date the appeal is filed. The Clerk shall provide each appellant with at least 10 days written notice of the hearing.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)
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