Chapter 5.95
VIDEO SERVICE PROVIDERS
Sections:
5.95.010 Purpose and authority.
5.95.030 State video franchise and PEG fees.
5.95.050 Customer service penalties.
5.95.060 Response to state video franchise applications.
5.95.010 Purpose and authority.
This chapter is designed to regulate video service providers holding state video franchises and operating within the city. This chapter is enacted pursuant to the authority provided in the Digital Infrastructure and Video Competition Act of 2006 (Cal. Pub. Util. Code §§ 5800 et seq.) as such legislation may hereafter be amended and supplemented by regulations published thereunder. (Ord. 14-2009 § 2, 7-7-09. 1990 Code § 5-7500.)
5.95.020 Definitions.
Unless the term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, the definitions set forth in the Digital Infrastructure and Video Competition Act of 2006 (Cal. Pub. Util. Code §§ 5800 et seq.) shall govern the interpretation of this chapter. (Ord. 14-2009 § 2, 7-7-09. 1990 Code § 5-7510.)
5.95.030 State video franchise and PEG fees.
(a) Any state video franchise holder operating within the boundaries of the city shall pay to the city a franchise fee equal to five percent of the gross revenues of that state video franchise holder.
(b) Any state video franchise holder operating within the boundaries of the city shall pay to the city an additional fee equal to one percent of the gross revenues of that state video franchise holder, which fee shall be used by the city for any public, educational and/or governmental (PEG) purposes consistent with state and federal law.
(c) For purposes of subsections (a) and (b) of this section, the term “gross revenues” shall be defined as set forth in Cal. Pub. Util. Code § 5860. (Ord. 14-2009 § 2, 7-7-09. 1990 Code § 5-7520.)
5.95.040 Audit authority.
Not more than once annually, and in a manner consistent with Cal. Pub. Util. Code § 5860, the city may examine and perform an audit of the business records of the holder of a state video franchise to ensure compliance with Section 5.95.030. (Ord. 14-2009 § 2, 7-7-09. 1990 Code § 5-7530.)
5.95.050 Customer service penalties.
(a) The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.
(b) The city shall monitor compliance by state video franchise holders with state and federal customer service and protection standards. The city shall provide to the state video franchise holder written notice of any material breaches of applicable customer service and protection standards, and shall allow the state video franchise holder 30 days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following monetary penalties to be imposed by the city in accordance with state law. For purposes of this section, “material breach” shall be defined as set forth in Cal. Pub. Util. Code § 5900.
(1) For the first occurrence of a violation, a monetary penalty of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation.
(2) For a second violation of the same nature within 12 months, a monetary penalty of $1,000 shall be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation.
(3) For a third or further violation of the same nature within 12 months, a monetary penalty of $2,500 shall be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.
(c) A state video franchise holder may appeal a monetary penalty assessed by the city within 60 days by providing written notice to the city clerk. The city manager or designee shall appoint a hearing officer, who shall promptly hold an administrative hearing. After relevant evidence and testimony is received, the hearing officer shall either uphold, modify, or vacate the monetary penalty. The hearing officer’s decision on the imposition of a monetary penalty shall be final. (Ord. 14-2009 § 2, 7-7-09. 1990 Code § 5-7540.)
5.95.060 Response to state video franchise applications.
Applicants for state video franchises within the boundaries of the city must concurrently provide to the city complete copies of any application or amendments to applications filed with the California Public Utilities Commission. One complete copy must be provided to the city clerk. The city may provide any appropriate comments to the Commission regarding the application or amendment. (Ord. 14-2009 § 2, 7-7-09. 1990 Code § 5-7550.)
5.95.070 Reauthorization.
The city council of the city of Fremont hereby reauthorizes the fee on state-franchised video service providers to support public, educational, and governmental channel facilities adopted by Ordinance 02-2017. The fee shall remain unchanged and in full effect as to all state-franchised video service providers. (Ord. 18-2017 § 2, 11-21-17.)