HomeMy WebLinkAbout774 - OrdinancesORDINANCE NO. 774
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER
7.02 OF TITLE 7 OF THE MUNICIPAL CODE BY ADDING NEW
SECTIONS 7.02.050 AND 7.02.060 RELATING TO PEG SUPPORT
FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS
APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 7.02 ("Cable Television Systems') of the Rancho
Cucamonga Municipal Code is amended by adding a new Section
7.02.050 to read as follows:
§ 7.02.050. Fee for Support of Local Cable Usage
(Public, Educational, and Government Channels or
"PEG")
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 orfederal law, this fee shall be
one percent (1 %) of a Grantee's gross annual cable service
revenues, as that term is defined below in Section 7.05.010,
or in the Grantee's franchise agreement, or in applicable
provisions of state orfederal law. This fee is also applicable
to a state video franchise holder operating within the City,
which shall pay to the City one percent (1%) of its gross
revenue, as defined in California Public Utilities Code Section
5860.
SECTION 2: Chapter 7.02 ("Cable Television Systems") of the Rancho
Cucamonga Municipal Code is amended by adding a new Section
7.02.060 to read as follows:
§ 7.02.060. Special Provisions Applicable to
Holders of State Video Franchises
A. 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 revenue" shall be defined
as set forth in Public Utilities Code Section 5860.
B. Audit Authority. Not more than once annually, the City may
examine and perform an audit of 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.
Ordinance No. 774
Page 2 of 5
C. Customer Service Penalties State Video Franchises.
1. 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.
2. The City 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:
a. 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 $1500 for
each violation..
b. For a second violation of the same nature within 12
months, a monetary penalty of $1000 shall be
imposed for each day the violation remains in effect,
not to exceed $3000 for each violation.
c. For a third or further violation of the same nature
within 12 months, a monetary penalty of $2500 shall
be imposed for each day the violation remains in
effect, not to exceed $7500 for each violation.
3. A state video franchise holder may appeal a monetary
penalty assessed by the City within 60 days. 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.
D. City Response to State Video Franchise Applications.
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 Clerk.
Ordinance No. 774
Page 3 of 5
2. 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.
E. PEG Channel Capacity. 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 leastthree
public, educational, or governmental (PEG) access channels.
1. PEG access channels shall be for the exclusive use of
the City or its designees to provide public, educational, or
governmental programming.
2. Advertising, underwriting, orsponsorship recognition may
be carried on the PEG access channels for the purpose
of funding PEG-related activities.
3. The PEG access channels shall be carried on the basic
service tier.
4. To the extent feasible, the PEG access channels shall not
be separated numerically from other channels carried on
the basic service tier, and the channel numbers for the
PEG access channels shall be the same channel
numbers used by incumbent cable operators unless
prohibited by federal law.
5. 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.
6. Each PEG access channel shall be capable of carrying a
National Television System Committee (NTSC) television
signal.
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
Ordinance No. 774
Page 4 of 5
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.
G. Emergency Alert System and Emergency Overrides. A
state video franchise holder must complywith the Emergency
Alert System requirements of the Federal Communications
Commission in order that emergency messages may be
distributed over the holder's network. Provisions in City-
issued franchises authorizing the City to provide local
emergency notifications shall remain in effect, and shall apply
to all state video franchise holders in the City for the duration
of the City-issued franchise, or until the term of the franchise
would have expired had it not been terminated pursuant to
subdivision (m) of Section 5840 of the California Public
Utilities Code, or until January 1, 2009, whichever is later.
SECTION 3: The City Clerk is directed to certify to the passage and adoption of
this ordinance and to cause this ordinance to be posted or published
as required bylaw.
Please see the /allowing page
/or /ormal adoption, certilication and s/gnatures
Ordinance No. 774
Page 5 of 5
PASSED, APPROVED, AND ADOPTED this 21 ~` day of March 2007.
AYES: Gutierrez, Kurth, Michael, Spagnolo
NOES: None
ABSENT: Williams
ABSTAINED: None
c
ATTEST:
I
Debra J. A a s, C, City Clerk
~~
J. Kurth, M.D., Mayor
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do
hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of
the City of Rancho Cucamonga held on the 7`" day of March 2007, and was passed at a Regular
Meeting of the City Council of the City of Rancho Cucamonga held on the 2151 day March 2007.
Executed this 22nd day of March 2007, at Rancho Cucamonga, California.
ebra J. Ada MC, City Cler