Under state law effective January 1, 2007, the California Public Utilities Commission ("PUC") has the authority to grant state video franchises. The city of Lemon Grove will acquire certain rights and responsibilities with respect to state video franchise holders. These include the receipt of a franchise fee and a fee for public, educational and government ("PEG") purposes, both based on a percentage of the gross revenues of state franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules. The city of Lemon Grove will retain authority, without change, over all city of Lemon Grove video franchisees until such time as they no longer hold a valid city of Lemon Grove video franchise, or are no longer operating under a current or expired city of Lemon Grove video franchise. The city may continue to grant, modify, renew, extend or terminate city of Lemon Grove video franchises for video service until January 1, 2008. After January 1, 2008, the city of Lemon Grove may modify, renew, extend or terminate existing city of Lemon Grove video franchises, whether current or expired. For purposes of this chapter, the terms "city of Lemon Grove video franchise" and "city of Lemon Grove video franchisee" shall have the same meaning as the terms "city of Lemon Grove cable franchise" and "city of Lemon Grove cable franchisee" as they are used in Chapter 13.06.
(Ord. 363 § 1, 2007)
A.
For
any state video franchise holder operating within the boundaries of
the city of Lemon Grove, there shall be a fee paid to the city of
Lemon Grove 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 Lemon Grove, there shall be an additional fee paid to
the city equal to one percent of the gross revenue of that state video
franchise holder, 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, as amended from time to time.
(Ord. 363 § 1, 2007)
Not more than once annually, the city manager or his or her designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with Section 13.06.020.
(Ord. 363 § 1, 2007)
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 or his or her designee shall monitor the compliance of
state video franchise holders with respect to state and federal customer
service and protection standards. The city manager or his or her designee
will provide the state video franchise holder written notice of any
material breaches of applicable customer and service standards, and
will allow the state video franchise holder thirty days from the receipt
of the notice to remedy the specified material breach. Material breaches
not remedied within the thirty-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 five hundred dollars
shall be imposed for each day the violation remains in effect, not
to exceed one thousand five hundred dollars for each occurrence of
the violation.
2.
For
a second occurrence of a violation of the same nature within twelve
months, a fine of one thousand dollars shall be imposed for each day
the violation remains in effect, not to exceed three thousand dollars
for each occurrence of the violation.
3.
For
a third or further occurrence of a violation of the same nature within
twelve months, a fine of two thousand five hundred dollars shall be
imposed for each day the violation remains in effect, not to exceed
seven thousand five hundred dollars for each occurrence of the violation.
C.
A state
video franchise holder may appeal a penalty assessed by the city manager
or his or her designee to the city council within sixty days of the
initial assessment. After relevant speakers are heard and any necessary
staff reports are submitted, the city council will vote to either
uphold, modify or vacate the penalty. The city council's decision
on the imposition of a penalty shall be final.
(Ord. 363 § 1, 2007)
A.
Applicants
for state video franchises within the boundaries of the city of Lemon
Grove must concurrently provide two complete copies to the city of
Lemon Grove of any application or amendments to applications filed
with the PUC. One complete copy must be provided to the city clerk,
and one complete copy to the city manager.
B.
Within
thirty 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. 363 § 1, 2007)
Any entity providing video service under an expired city of
Lemon Grove video franchise on January 1, 2007, shall hereby have
the terms of its city of Lemon Grove video franchise extended with
the same terms and conditions until January 2, 2008. The extension
of a city of Lemon Grove video franchise does not preclude the city
of Lemon Grove from further modifications, renewals, extensions, or
termination of that city of Lemon Grove video franchise.
(Ord. 363 § 1, 2007)
