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(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)
SEC. 21.1633.1. REVIEW BY BOARD OF SUPERVISORS.
The Board of Supervisors may adopt the decision denying the permit, modify the decision or reverse the decision or refer the matter back to the responsible department for further hearing, specifying issues requiring additional evaluation. If the Board adopts, modifies or reverses the decision following a hearing, the Board's decision shall be final on the date it is orally announced.
(Added by Ord. No. 10756 (N.S.), effective 12-2-21)
(a) In addition to complying with subscriber service, consumer protection standards and privacy standards required by Public Utilities Code section 5900(a) and (b), a franchisee shall also comply with the County standards in section 21.1615.
(b) If a franchisee commits a material breach of any of its obligations under subsection (a) above, the County shall give the franchisee notice that identifies each material breach and allows the franchisee 30 days from the receipt of the notice to remedy the breach. If the franchisee fails to remedy the material breach within the time allowed, the County may assess monetary penalties against the franchisee. For purposes of this section a material breach has the same meaning as the term "material breach" in Public Utilities Code section 5900(j).
(c) The penalty for a material breach that a franchisee fails to remedy within 30 days after receiving notice of the breach under this section shall be fined $500 a day for each day of each material breach up to a maximum of $1,500 for each occurrence of a material breach. If, however, a penalty has been assessed against a franchisee for a material breach and the franchisee commits a subsequent material breach of the same nature within 12 months, which it fails to remedy within 30 days after receiving notice, the penalty shall be $1,000 a day for each day of each material breach up to a maximum of $3,000 for each occurrence of the material breach. If the franchisee commits a third or further material breach of the same nature within 12 months, which it fails to remedy after receiving notice and after being assessed penalties at least twice, the penalty shall be $2,500 a day for each day of material breach up to a maximum of $7,500 for each occurrence of the material breach.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)