HomeMy WebLinkAbout1542ORDINANCE NO. 1542 (2010 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REPEALING AND
REPLACING EXISTING CHAPTER 5.72 OF THE MUNICIPAL CODE WITH NEW
CHAPTER 5.72 RELATING TO VIDEO SERVICE PROVIDERS
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Title 5, Chapter 5.72 ( "Cable Television Franchises ") of the San Luis
Obispo Municipal Code is repealed and replaced with new Chapter 5.72 to read as follows:
Chapter 5.72
PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES
5.72.010 Fee for Support of Local Cable Usage.
A fee paid to the City is hereby established for the support of public, educational, and
governmental access facilities and activities within the City. Unless a higher percentage is
authorized by applicable state or federal law, this fee shall be one percent (1 %) of a state video
holder's gross revenues, as defined in California Public Utilities Code section 5860. This fee
shall be remitted quarterly to the City Treasurer and must be received not later than 45 days after
the end of the preceding quarter. The fee payment shall be accompanied by a summary that
explains the basis for the calculation of the support fee for local cable usage.
5.72.020 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 for the in Public Utilities Code section 5860. This fee
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 explains the basis for the calculation of the franchise fee. Unless construed otherwise by
applicable law, the phrase "summary that explains the basis for the calculations," as used herein
and above in paragraph A, means the identification of the sources of revenue upon which the fee
is based.
5.72.030 Authority to Examine Records.
Not more than once annually, the appropriate City department may examine 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.
5.72.040 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.
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Ordinance No. 1542 (2010 series)
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B. The City Manager or his or her designee 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 twelve 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 twelve 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. Such
appeal must be filed no later than 60 days after the date of mailing of notification of the penalty
or the right to appeal shall be deemed waived. 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.
5.72.050 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
Manager.
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.
5.72.060 Public, Educational or Governmental (PEG) 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 four PEG access channels.
B. PEG access channels shall be for the exclusive use of the City or its designees to provide
public, educational, or governmental programming.
C. Advertising, underwriting, or sponsorship recognition may be carried on the PEG access
channels for the purpose of funding PEG - related activities.
D. The PEG access channels shall be carried on the basic service tier and shall be of similar
quality and functionality to that offered by commercial channels on the lowest cost tier of service
unless the signal is provided to the video service provider at a lower quality or with less
functionality, as provided in subsection (g)(3) of section 5870 of the California Public Utilities
Code.
E. To the extent feasible, the PEG access channels shall not be separated numerically from other
channels carried on the basic service tire, and the channel numbers for the PEG access channels
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shall be the same channel numbers used by the incumbent cable operator unless prohibited by
federal law.
F. 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.
G. Each PEG access channel shall be capable of carrying a National television System
Committee television signal, as provided in Public Utilities Code section 5870b.
5.72.070 Interconnection.
Where technically feasible, a state video franchise holder and an 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.
5.72.080 Emergency Alert System And Emergency 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.
SECTION 2. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
Ordinance No. 1542 (201 0 aeries)
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INTRODUCED on the 16th day of February 2010, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 2nd day of March 2010, on the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
ATTEST:
'�� -K� ,
Elaina Cano
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor David F. Romero
I hereby certify that this document is a true
and accurate original of Ordinance No. 1,53 .
and that the ordinance was published pumUW
to Charter Section 802.
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