Chapter 12.07
STATE VIDEO SERVICE FRANCHISEES

Sections:

12.07.010    Definitions.

12.07.020    Purpose and interpretation.

12.07.030    State video franchisee permit application procedures.

12.07.040    Appeals.

12.07.010 Definitions.

A. For purposes of this chapter, the term “state video franchisee” shall mean any cable operator or video service provider that, pursuant to Division 2.5 of the Public Utilities Code of the State of California, has been granted a state franchise to provide cable or video service by the California Public Utilities Commission and whose video service area includes all or any part of the town.

B. For purposes of this chapter, the term “encroachment permit” shall mean any permit for which a state video franchisee is required to apply under this title. (Ord. 569 § 4 (part), 2007)

12.07.020 Purpose and interpretation.

A. The purpose of this chapter is to comply with Section 5885(c) of the Public Utilities Code of the state of California. The provisions of this chapter that impose requirements or obligations on the town shall be construed to apply, and shall only be applied to the extent necessary to comply with Section 5885(c) of the Public Utilities Code of the state of California.

B. Except as provided in this chapter, all of the provisions of this title shall apply fully to state video franchisees as if they were a “utility” within the meaning of this title. (Ord. 569 § 4 (part), 2007)

12.07.030 State video franchisee permit application procedures.

A. The particular town official designated under this chapter to act on an encroachment permit application by a state video franchisee shall approve or deny such application within sixty days of receiving a completed application from the state video franchisee. An application for an encroachment permit is complete when the applicant has complied with all applicable requirements of this title concerning such application and all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 2100) of the Public Resources Code of the State of California).

B. The sixty-day time period set forth in subsection A of this section may be extended on mutual agreement by the applicant and the town official designated under this title to act on the encroachment permit application.

C. If the town official designated under this title to act on a state video franchisee’s encroachment permit application denies the application, the official shall, at the time of notifying the applicant of the denial, furnish the applicant a detailed explanation of the reasons for the denial. (Ord. 569 § 4 (part), 2007)

12.07.040 Appeals.

Any state video franchisee whose encroachment permit application is denied under Section 12.07.030 may, within thirty days of receiving the explanation of the denial required by Section 12.07.030C, file an appeal pursuant to Chapter 17.64 of this code. In determining such appeal, the city council shall consider whether the denial of the encroachment permit is consistent with this title and other applicable city, state and federal law. If the city council denies the state video franchisee’s appeal, it shall issue a written decision setting forth the reasons for the denial. (Ord. 569 § 4 (part), 2007)