Chapter 3.97
STATE VIDEO FRANCHISES
Sections:
3.97.010 Purpose and implementation.
3.97.030 Franchise fee for state video franchise holders.
3.97.050 PEG support fee and payments.
3.97.060 Customer service and protection.
3.97.010 Purpose and implementation.
This chapter is designed to regulate video service providers holding state video franchises and operating within the city of Half Moon Bay as provided by the California Digital Infrastructure and Video Competition Act of 2006 (DIVCA), codified in Sections 5800 et seq. of the Public Utilities Code. Consistent with that purpose, the provisions of this chapter are to be construed in a manner consistent with DIVCA and the rules promulgated thereunder by the California Public Utilities Commission. This chapter applies to video service providers operating within the city pursuant to a valid state video franchise. (Ord. C-11-10 §1(part), 2010).
3.97.020 Definitions.
For the purposes of this chapter, the words set out in this section have the following meanings:
A. “City” means the city of Half Moon Bay.
B. “City manager” means the city manager of the city of Half Moon Bay, or his or her designee.
C. “Franchise fee” has the meaning set forth in Public Utilities Code Section 5830 or its successor.
D. “Gross revenues” has the meaning set forth in Public Utilities Code Section 5860 or its successor.
E. “Material breach” has the meaning set forth in subdivision (j) of Public Utilities Code Section 5900 or its successor.
F. “Network” has the meaning set forth in subdivision (l) of Public Utilities Code Section 5830 or its successor.
G. “State franchise” has the meaning set forth in subdivision (p) of Public Utilities Code Section 5830.
H. “State video franchise holder” has the meaning set forth in subdivision (j) of Public Utilities Code Section 5830 or its successor.
I. “Video service” has the meaning set forth in subdivision (s) of Public Utilities Code Section 5830 or its successor. (Ord. C-11-10 §1(part), 2010).
3.97.030 Franchise fee for state video franchise holders.
A. The franchise fee established within the city for cable franchises is five percent of gross revenues. Every state video franchise holder operating within the city shall pay a franchise fee to city in the amount of five percent of that state video franchise holder’s gross revenues from subscribers in the city of Half Moon Bay.
B. Each state video franchise holder shall remit the franchise fee to the city quarterly, within forty-five days after the end of the quarter for that calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the franchise fee. If the state video franchise holder does not pay the franchise fee when due, the state video franchise holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent. If the state video franchise holder has overpaid the franchise fee, it may deduct the overpayment from its next quarterly payment. (Ord. C-11-10 §1(part), 2010).
3.97.040 PEG channels.
A. State franchise holders shall provide three PEG channels.
B. All state video franchise holders shall comply with the provisions of DIVCA related to PEG channels. Without limiting the foregoing, the PEG channels shall all be carried on the basic service tier. To the extent feasible, the PEG channels shall not be separated numerically from other channels carried on the basic service tier and the channel numbers for the PEG channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law and shall provide picture and sound quality and channel accessibility and location equal to, or substantially equal to, that provided by the incumbent cable providers. After the initial designation of PEG channel numbers, the channel numbers shall not be changed without the agreement of the local entity unless the change is required by federal law.
C. A state video franchise holder shall have three months from the date the city requests the PEG channels to designate the capacity. However, the three-month period shall be tolled by any period during which the designation or provision of PEG channel capacity is technically infeasible, including any failure or delay of the incumbent cable operator to make adequate interconnection available, as required by DIVCA. Any state video franchise holder who believes that the designation or provision of PEG channel capacity is technically infeasible, shall provide to the city, in writing, its reasons therefor and its plan for correcting or solving the infeasibility. The city may hold a hearing on the claim of infeasibility and, thereafter, take such action as the city deems proper to require the designation and provision of the PEG channels on the state video franchise holder’s system. (Ord. C-11-10 §1(part), 2010).
3.97.050 PEG support fee and payments.
In accordance with Public Utilities Code Section 5870(n), upon termination of all incumbent cable provider franchises, state video franchise holders shall pay to the city a PEG support fee in the amount established by the incumbent franchise agreement or one percent of gross revenues, whichever is higher. State franchise holders shall remit PEG support fees in the same manner as franchise fees as set forth in Section 3.97.030. The PEG support fee may be shown as a separate line item on the regular bill of each subscriber. (Ord. C-11-10 §1(part), 2010).
3.97.060 Customer service and protection.
A. A state video franchise holder shall comply with Sections 53055, 53055.1, 53055.2 and 53088.2 of the California Government Code; the FCC customer service and notice standards set forth in Sections 76.309, 76.1602, 76.1603 and 76.1619 of Title 47 of the Code of Federal Regulations; Section 637.5 of the California Penal Code; the privacy standards of Section 551 of Title 47 of the United States Code; and 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 subsection shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.
B. The city shall enforce, in the manner set forth in DIVCA, all customer service and protection standards contained in Section 5900 of the Act, including without limitation those standards set forth in Section 5900(c). (Ord. C-11-10 §1(part), 2010).
3.97.070 Penalties.
The following monetary penalties, as set forth in Public Utilities Code Section 5900, are hereby adopted as the applicable schedule of penalties for any material breach of DIVCA, by a state franchisee, as follows:
A. Five hundred dollars per day for each material breach, not to exceed one thousand five hundred dollars per occurrence of a material breach.
B. 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 months shall be subject to a penalty of up to one thousand dollars for each day of each material breach, not to exceed three thousand dollars per occurrence of the material breach.
C. If a third or further material breach of the same nature occurs within those same twelve months, and notice has been provided and a fine or penalty has been assessed, the penalties shall be increased to a maximum of two thousand five hundred dollars per day for each material breach, not to exceed seven thousand five hundred dollars per occurrence of the material breach.
D. A state video franchise holder may appeal a penalty assessed by the city manager to the city council in accordance with the appeal procedures set forth in Chapter 1.25 of the Half Moon Bay Municipal Code. (Ord. C-11-10 §1(part), 2010).