Chapter 13.20
VIDEO FRANCHISE FEES, CUSTOMER SERVICE AND OTHER VIDEO-RELATED MATTERS
Sections:
13.20.010 Regulation of state video franchises and city video franchises.
13.20.020 State video franchise and PEG fees.
13.20.040 Customer service penalties under state video franchises.
13.20.050 City response to state video franchise applications.
13.20.060 Extension of existing city of Solana Beach video franchises.
13.20.070 Development review for facilities in streets and public rights-of-way.
13.20.080 Construction standards.
13.20.090 Environmental review.
13.20.010 Regulation of state video franchises and city video franchises.
Under state law effective January 1, 2007, the California Public Utilities Commission (“PUC”) has the authority to grant state video franchises. The city of Solana Beach 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 Solana Beach will retain authority, without change, over all city of Solana Beach video franchisees until such time as they no longer hold a valid city of Solana Beach video franchise, or are no longer operating under a current or expired city of Solana Beach video franchise. The city may continue to grant, modify, renew, extend or terminate city of Solana Beach video franchises for video service until January 1, 2008. After January 1, 2008, the city of Solana Beach may modify, renew, extend or terminate existing city of Solana Beach video franchises, whether current or expired. For purposes of this chapter, the terms “city of Solana Beach video franchise” and “city of Solana Beach video franchisee” shall have the same meaning as the terms “city of Solana Beach cable franchise” and “city of Solana Beach cable franchisee” as they are used in this chapter. (Ord. 363 § 1, 2007)
13.20.020 State video franchise and PEG fees.
A. For any state video franchise holder operating within the boundaries of the city of Solana Beach, there shall be a fee paid to the city of Solana Beach 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 Solana Beach, 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 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. 475 § 2, 2017; Ord. 363 § 1, 2007)
13.20.030 Audit authority.
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 SBMC 13.20.020. (Ord. 363 § 1, 2007)
13.20.040 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 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 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 occurrence of the violation.
2. For a second occurrence of a 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 occurrence of the violation.
3. For a third or further occurrence of a 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 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 60 days of the initial assessment. After relevant speakers are heard, and any necessary staff reports are submitted, 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)
13.20.050 City response to state video franchise applications.
A. Applicants for state video franchises within the boundaries of the city of Solana Beach must concurrently provide complete copies to the city of Solana Beach 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 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. 363 § 1, 2007)
13.20.060 Extension of existing city of Solana Beach video franchises.
Any entity providing video service under an expired city of Solana Beach video franchise on January 1, 2007, shall hereby have the terms of its city of Solana Beach video franchise extended on the same terms and conditions until January 2, 2008. The extension of a city of Solana Beach video franchise does not preclude the city of Solana Beach from further modifications, renewals, extensions or termination of that city of Solana Beach video franchise. (Ord. 363 § 1, 2007)
13.20.070 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 Solana Beach, a state video franchise holder shall, for each facility, submit plans and drawings to the community development director or city engineer for review, pursuant to SBMC 11.20.195. 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. 378 § 1, 2008)
13.20.080 Construction standards.
The construction standards set forth in this code, including but not limited to those set forth in Chapters 11.20 and 11.28 SBMC, shall apply to state video service franchise holders constructing or altering any facilities within the city of Solana Beach as though fully set forth in this chapter. (Ord. 378 § 1, 2008)
13.20.090 Environmental review.
The city of Solana Beach 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 Solana Beach 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. 378 § 1, 2008)