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HomeMy WebLinkAbout07-09 CC Ordinance I I I ORDINANCE NO. 07-09 AN ORDINANCE OF THE CITY OF TEMECULA AMENDING CHAPTER 5.12 ("CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS") OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW ARTICLE 8 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.12 of Title 5 ("Cable, Video, and Telecommunications Service Providers") of the Temecula Municipal Code is amended by adding a new Article 8 to read as follows: ARTICLE 8. SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES 5.12.200. Fee for Support of PEG Access Facilities and Activities A. A fee paid to the City is hereby established for the support of public, educational, and governmental access facilities and activities within the City, which fee shall be paid by any new City-franchised cable operator and by state video franchise holders operating within the City. Unless a higher percentage is authorized by applicable state or federal law, this fee shall be one percent (1 %) of a franchisee's gross revenues derived from the provision of video services within the City. The term "gross revenues" shall be defined as set forth in California Public Utilities Code section 5860. B. The fee established by this section shall be remitted quarterly to the City Treasurer and must be received not later than 45 days after the end of the preceding calendar quarter. The fee payment shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based, which summary must be verified by a responsible financial officer or employee of the video service provider. 5.12.210 Franchise Fee A state video franchise holder operating in the City shall pay to the City a franchise fee that is equal to five percent (5%) of the gross revenues of that state video franchise holder. The term "gross revenues" shall be defined as set forth in Public Utilities Code section 5860. 5.12.220 Audit Authority Not more than once annually, the City may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with all applicable statutes and regulations related to the computation and payment of franchise fees. 11086-0068\976521 vl.doc I I I 5.12.230 Customer Service Penalties Under State Video Franchises 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 a state video franchise holder's compliance with state and federal customer service and protection standards. The City will provide to the state video franchise holder written notice of any material breaches of applicable customer service and protection standards, and will 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: 1. For the first occurrence of a violation, a monetary penalty of $500 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. After relevant evidence and testimony is received, and staff reports are submitted, the City Council will vote to either uphold or vacate the monetary penalty. The City Council's decision on the imposition of a monetary penalty shall be final. 5.12.240 City Response to State Video Franchise Applications A. 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. B. The City will provide any appropriate comments to the California Public Utilities Commission regarding an application or an amendment to an application for a state video franchise. 5.12.250 PEG Access Channel Capacity A. A state video franchise holder that uses the public rights-of-way shall designate sufficient capacity on its network to enable the carriage of at least three public, educational, or governmental (PEG) access channels. R:/Ords 2007/0rds 07-09 2 I I I B. Additional requirements relating to PEG access channels are as follows: 1. A state video franchise holder is subject to payment of the PEG support fee specified above in Section 5.20.510. 2. PEG access channels shall be for the exclusive use of the City or its designees to provide public, educational, or governmental programming. 3. Advertising, underwriting, or sponsorship recognition may be carried on the PEG access channels for the purpose of funding PEG-related activities. 4. The PEG access channels shall be carried on the basic service tier. 5. To the extent feasible, the PEG access channels shall not be separated numerically from other channels carried on the basic service tier, and the channel numbers for the PEG access channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law. 6. After the initial designation of PEG access channel numbers, the channel numbers shall not be changed without the prior written consent of the City, unless the change is required by federal law. 7. Each PEG access channel shall be capable of carrying a National Television System Committee (NTSC) television signal. 5.12.260 Interconnection Where technically feasible, a state video franchise holder and incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing PEG access channel programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. State video franchise holders and incumbent cable operators shall provide interconnection of the PEG access channels on reasonable terms and conditions and may not withhold the interconnection. If a state video franchise holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City may require the incumbent cable operator to allow the state video franchise holder to interconnect its network with the incumbent's network at a technically feasible point on the holder's network as identified by the holder. If no technically feasible point for interconnection is available, the state video franchise holder shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the state video franchise holder requesting the interconnection unless otherwise agreed to by the parties. 5.12.270 Emeraency Alert System and Emeraency Overrides A state video franchise holder must comply with the Emergency Alert System requirements of the Federal Communications Commission in order that emergency messages may be distributed over the holder's network. Provisions in City-issued R:/Ords 2007/0rds 07-09 3 I I I franchises authorizing the City to provide local emergency notifications shall remain in effect, and shall apply to all state video franchise holders in the City for the duration of the City-issued franchise, or until the term of the franchise would have expired had it not been terminated pursuant to subdivision (m) of Section 5840 of the California Public Utilities Code, or until January 1, 2009, whichever is later. 5.12.280 Encroachment Permit Applications A. As used in this section, the term "encroachment permit" means any permit issued by the City relating to construction or operation of facilities by the holder of a state video franchise. B. The City shall either approve or deny an application from a holder of a state video franchise for an encroachment permit within 60 days of receiving a completed application. C. If the City denies an application for an encroachment permit, the City shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial. An applicant may appeal the City's denial of an encroachment permit application to the City Council in accordance with the provisions of Chapter 2.26 of Title 2 of this Code. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this ordinance and to cause this ordinance to be published or posted as required by law. R:/Ords 2007/0rds 07-09 4 I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of August, 2007. ~ ATTEST: I I R:/Ords 2007/0rds 07-09 5 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07-09 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of July, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of August, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: None ABSTAIN: 0 None W. Jones, MMC City Clerk R:/Ords 2007/0rds 07-09 6