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HomeMy WebLinkAbout2008-03 ORDINANCE NO. 2008-03 ADDING A NEW ARTICLE IV, SECTION 17-22 TO THE DANVILLE MUNICIPAL CODE ESTABLISHING STANDARDS FOR STATE VIDEO FRANCHISEES The Danville Town Council does ordain as follows: SECTION 1. ADDING ARTICLE IV, SECTION 17-22 TO THE DANVILLE MUNICIPAL CODE. A new Article IV, Section 17-22 is hereby added to the Danville Municipal Code to read as follows: ARTICLE IV STATE VIDEO SERVICE FRANCHISES SECTION 17-22 STANDARDS FOR STATE VIDEO FRANCHISEES 17-22.1 Purpose. The Digital Infrastructure and Video Competition Act of 2006 ("DIVCA") grants the California Public Utilities Commission the sole authority to issue statewide video service franchises. DIVCA also requires local agencies to adopt regulations applicable to state video franchisees operating within their jurisdiction. This section establishes those regulations, consistent with DIVCA, for holders of state video franchises offering service within the Town of Danville. This section shall not apply to any cable service provider operating under a franchise granted by the Town pursuant to Section 17-2 of this Code. 17-22.2 State Video Franchise and PEG Fees. (a) Any state video franchisee offering service within the Town of Danville shall pay to the Town a franchise fee equal to five percent (5%) of the franchisees gross revenues within the Town. (b) Any state video franchisee offering service within the Town of Danville shall pay to the Town a separate fee to support Public, Educational and Governmental ("PEG") channel facilities equal to $0.60 per month per subscriber. (c) Gross revenue, for the purposes of this section, shall have the definition set forth in Section 5860 of the California Public Utilities Code. (d) The fees required by this section shall be paid to the Town within the time limits set forth in Section 5860(h) of the California Public Utilities Code. 17-22.3 Audit Authority. Not more than once annually, the Town may audit the business records of a state video franchisee offering service within the Town of Danville to ensure compliance with Section 17-22.2. Any such audit shall be performed pursuant to Section 5860(i) of the California Public Utilities Code. 17-22.4 Customer Service Penalties. (a) State video franchisees offering service within the Town of Danville shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video services. (b) The Town Manager or designee shall provide written notice to the state frahchisee of any alleged material breaches of customer service standards and shall allow the franchisee 30 days from receipt of the notice to remedy the breach. (c) Any material breaches not remedied within the allotted time shall be subject to monetary penalties as follows: (1) For the first occurrence, the penalty shall be $500 per day, not to exceed $1, 500 per occurrence. (2) For the second violation of the same nature within 12 months, the penalty shall be $1,000 per day, not to exceed $3,000 per occurrence. (3) For the third violation of the same nature within 12 months, the penalty shall be $2,500 per day, not to exceed $7,500 per occurrence. (d) The franchisee may appeal to the Town Council the decision of the Town Manager finding a material breach of applicable customer service standards and imposing monetary penalties. Any such appeal must be filed in writing within 30 days of receipt of the decision of the Town Manager. (e) Any penalties collected pursuant to this section shall be allocated as provided for in Section 5900(g) of the California Public Utilities Code. 17-22.5 Requirement for Encroachment Permits. As required by Chapter 12-1 of this Code, State franchisees shall obtain an encroachment permit from the Town prior to doing any construction, installation or maintenance in the public right of way. Any such work done in the Town right of way shall be subject to all applicable standards and regulations found in Chapter 12-1 or other generally applicable Town regulations. As required by Section 5885 of the California Public Utilities Code, any denial of an encroachment permit to a state franchisee will be accompanied by a detailed explanation of the reasons for denial. Any such denial may be appealed to the Town Council within 30 days of the denial. PAGE 2 OF ORDINANCE NO. 2008-03 SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the Danville Municipal Code. SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. The foregoing ordinance was introduced on February 19, 2008 and approved and adopted by the Danville Town Council at a regular meeting held on March 4,2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Andersen, Arnerich, Doyle, Shimansky, Stepper None None None ~ MAYOR APPROVED AS TO FORM: ATTEST: r;L ," //~ ~ CITY ATTORNEY PAGE 3 OF ORDINANCE NO. 2008-03 CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2008-03 of said Town and that said . ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 4 OF ORDINANCE NO. 2008-03