Oceanside Municipal Code Ch. 9B Regulation of State Video Franchise Holders

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Cross reference— Cable systems and open video systems, ch. 9A.

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, ("The Act"). Pursuant to the Act, the City of Oceanside 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 but 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 9A 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. No. 07-OR0053-1, § 1, 2-14-07)

(a) For any state video franchise holder operating within the boundaries of the City of Oceanside, there shall be a fee paid to the city equal to five (5) 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 Oceanside, there shall be an additional fee paid to the city equal to one (1) percent of the gross revenue of that state video franchise holder, which fee shall be used by the city for PEG purposes consistent with state and federal law.

(c) Gross revenue, for the purposes of (a) and (b) above, shall have the definition set forth in California Public Utilities Code § 5860.

(Ord. No. 07-OR0053-1, § 1, 2-14-07)

Not more than once annually, the city manager or his designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with section 9B.1.1.

(Ord. No. 07-OR0053-1, § 1, 2-14-07)

(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 thirty (30) 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 ($500.00) shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation.

(2) For a second violation of the same nature within twelve (12) months, a fine of one thousand dollars ($1,000.00) shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation.

(3) For a third or further violation of the same nature within twelve (12) months, a fine of two thousand five hundred dollars ($2,500.00) shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars ($7,500.00) for each violation.

(c) A state video franchise holder may appeal a penalty assessed by the city manager to the city council within sixty (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. No. 07-OR0053-1, § 1, 2-14-07)

(a) Applicants for state video franchises within the boundaries of the City of Oceanside must concurrently provide complete copies to the city of any application or amendments to applications filed with the PUC. One (1) complete copy must be provided to the city manager.

(b) Within thirty (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. No. 07-OR0053-1, § 1, 2-14-07)