Chapter 5.52
PAY TELEVISION*

Sections:

5.52.010    Annual payments to city required.

5.52.020    Rates – Regulations applicable.

5.52.030    Rates – Limitation established.

5.52.040    Rates – Violation – Penalty.

*    For statutory authority for cities to grant franchises for the construction of public utilities, see Gov. Code § 39732; for statutory authority for cities to regulate community antenna television systems and to award franchises or licenses therefor, see Gov. Code § 53066; for Charter law concerning franchises, see Charter §§ 1400 – 1406.

5.52.010 Annual payments to city required.

All persons engaged in the business of transmitting, by means of the lease of a frequency or frequencies from the grantee or grantees of community antenna television systems or cable systems, or by use of a cable system, a signal or transmission providing a television picture or other video, audio or data services to subscribers thereof in the city of Chula Vista for the payment of a fee shall pay the city annually, in lawful money of the United States, a franchise/right-of-way access fee equal to a percentage of its gross receipts in an amount determined by the city council through a negotiated franchise agreement or by independent city council action. The current fee shall be set at five percent of the service provider’s gross receipts but may be modified in a negotiated agreement. In no event shall a fee charged hereunder exceed the maximum fee allowable by applicable federal or state law. Such fees shall apply regardless of whether a party providing such service(s) has a fixed place of business within the city. In any case in which a person transmitting a signal providing a television picture or other service to subscribers thereof is not subject to a local franchise but is, per applicable laws, subject to in-lieu or other fees payable to the local franchising authority for use of right-of-way or for other lawful consideration or purpose, said persons shall pay to the city annually, in lawful money of the United States, an in-lieu fee equivalent to the franchise fee in effect under this section. (Ord. 2797 § 1, 1999; Ord. 1777 § 1, 1977; Ord. 1536 § 1, 1974; Ord. 1434 § 1, 1972; prior code § 18.73).

5.52.020 Rates – Regulations applicable.

It is the purpose of the city council in adopting this chapter to ensure that the ultimate subscriber or consumer of cable television in the city shall not be charged at a higher rate or a different rate from that rate established by the city in franchise Ordinance No. 882, or ordinances presently adopted or which may be adopted in the future by the city.

It is the intent of the council to protect such ultimate consumers from attempts by middleman purchasers of cable television services to obtain a profit from allowing such services to be installed in premises which they own or manage. (Ord. 1431 § 1(A), 1972).

5.52.030 Rates – Limitation established.

No person shall charge the ultimate consumer or subscriber of the cable television service in the city at a rate higher than or differing from the rate established by the city pursuant to the provisions of franchise Ordinance No. 882, or ordinances approved by the city council as such rates presently exist or as they may be modified in the future. (Ord. 1431 § 1(B), 1972).

5.52.040 Rates – Violation – Penalty.

A violation of any provision or the failure to comply with any of the requirements of this chapter shall constitute a misdemeanor. Any person convicted of such violation or such failure shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 1431 § 1(C), 1972).