(A) Customer service standards. A state franchise holder shall comply with Cal. Gov't Code §§ 53055, 53055.1, 53055.2 and 53088.2; the FCC customer service and notice standards set forth in 47 C.F.R. §§ 76.309, 76.1602, 76.1603 and 76.1619; Cal. Penal Code § 637.5; the privacy standards of 47 U.S.C. § 551; and, to the extent consistent with DIVCA, 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 division (A) shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.
(B) Penalties for violations of standards. The county shall enforce the compliance of state franchise holders with respect to the state and federal customer service and consumer protection standards set forth in this section. The county will provide a state franchise holder with a written notice of any alleged material breaches, as defined in Cal. Public Utilities Code §§ 5900 et seq., of applicable customer service or consumer protection standards, and will allow the state franchise holder 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied by a state franchise holder within the 30-day time period, irrespective of the number of customers affected, will be subject to the following penalties to be imposed by the county:
(1) For the first occurrence of a material breach, a fine of $500 may be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation.
(2) For a second material breach of the same nature within 12 months, a fine of $1,000 may be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation.
(3) For a third material breach of the same nature within 12 months, a fine of $2,500 may be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.
(C) Any penalties imposed by the county shall be imposed in a manner consistent with Cal. Public Utilities Code §§ 5900 et seq.
(Ord. 849, § 6 (part), 2010; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)