Chapter 5.61
REGULATION OF STATE VIDEO FRANCHISE HOLDERS
Sections:
5.61.010 Purpose and authority.
5.61.020 State video franchise and PEG fees.
5.61.030 Authority to examine business records.
5.61.040 Customer service penalties.
5.61.050 City response to State video franchise applications.
5.61.060 Development review for facilities in streets and public rights-of-way.
5.61.070 Construction standards.
5.61.080 Environmental review.
5.61.010 Purpose and authority.
This chapter is designed to regulate video service providers holding State video franchises and operating within the City.
As of January 1, 2007, the State of California will have the sole authority to grant State video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (“Act”). Pursuant to the Act, the City of Poway shall receive a franchise fee and shall receive a fee for public, educational, and government (PEG) purposes from all State video franchise holders operating within the City. Additionally, the City will acquire the responsibility to establish and enforce penalties, consistent with State law, against all State video franchise holders operating within the City for violations of customer service standards; however, the Act grants all authority to adopt customer service standards to the State. The Act leaves unchanged the City’s authority to regulate the City’s current cable franchise in accordance with Chapter 5.60 PMC and the cable franchise currently in effect until such time as the cable franchisee no longer holds a City franchise or is no longer operating under a current or expired City franchise. (Ord. 660 § 2, 2007)
5.61.015 Definitions.*
The terms “video,” “video franchise” and “video franchisee” shall have the same meaning as the terms “cable,” “franchise” and “grantee,” as used in Chapter 5.60 PMC. (Ord. 660 § 2, 2007)
* Editor’s Note: Ordinance 660 adds the provisions of this section as Section 5.61.010. The section has been editorially renumbered to prevent duplication of numbering.
5.61.020 State video franchise and PEG fees.
A. For any State video franchise holder operating within the boundaries of the City of Poway, there shall be a fee paid to the City equal to five percent of the gross revenue of that State video franchise holder.
B. For any State video franchise holder operating within the boundaries of the City of Poway, there shall be an additional fee paid to the City equal to one percent of the gross revenue of that State video franchise holder, which shall be imposed under the terms and conditions set forth in the Act. This fee shall be used by the City for PEG purposes consistent with State and Federal law.
C. “Gross revenue,” for the purposes of subsections A and B of this section, shall have the definition set forth in California Public Utilities Code Section 5860. (Ord. 660 § 2, 2007)
5.61.030 Authority to examine business records.
Not more than once annually, the City Manager or his or her designee may examine the business records of a holder of a State video franchise to ensure compliance with PMC 5.61.020, under the terms and conditions set forth in the Act. (Ord. 660 § 2, 2007)
5.61.040 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 Manager shall monitor the compliance of State video franchise holders with respect to State and Federal customer service and protection standards. The City Manager will provide the State video franchise holder written notice of any material breaches of applicable customer service standards, and will allow the State video franchise holder 30 days from the 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 penalties to be imposed by the City:
1. For the first occurrence of a violation, a fine 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 fine 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 fine 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 penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. The City Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The City Council’s decision on the imposition of a penalty shall be final. (Ord. 660 § 2, 2007)
5.61.050 City response to State video franchise applications.
A. Applicants for State video franchises within the boundaries of the City of Poway must concurrently provide complete copies to the City of any application or amendments to applications filed with the Public Utilities Commission. One complete copy must be provided to the City Manager.
B. Within 30 days of receipt, the City Manager will provide any appropriate comments to the PUC regarding an application or an amendment to an application for a State video franchise. (Ord. 660 § 2, 2007)
5.61.060 Development review for facilities in streets and public rights-of-way.
Prior to construction or alteration of any facilities in, on, over, under, upon, across, and along the public streets and rights-of-way within the City of Poway, a State video franchise holder shall, for each facility, submit plans and drawings to the Director of Development Services for review, pursuant to PMC 17.52.050. For purposes of this section, “facilities” includes wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the video service system. (Ord. 660 § 2, 2007)
5.61.070 Construction standards.
The construction standards set forth in PMC 5.60.275, 5.60.280, 5.60.285, 5.60.290, and 5.60.295 shall apply to State video service franchise holders constructing or altering any facilities within the City of Poway, as though fully set forth in this chapter. (Ord. 660 § 2, 2007)
5.61.080 Environmental review.
The City of Poway shall serve as the lead agency for any environmental review that is required for construction or alteration of facilities by a State video service franchise holder within the City of Poway, and may impose conditions to mitigate environmental impacts of the applicant’s use of the public rights-of-way that may be required by the California Environmental Quality Act (Division 13 commencing with Section 21000 of the Public Resources Code). (Ord. 660 § 2, 2007)
5.61.090 Severability.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 660 § 2, 2007)