HomeMy WebLinkAboutCC Ord 1563 2007-11-05
ORDINANCE NUMBER 1563
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
CHAPTER 6.10 OF TITLE 6 OF THE SEAL BEACH MUNICIPAL
CODE BY ADDING A NEW SECTION 6.10.085
I
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section I. Chapter 6.10 of Title 6 of the Seal Beach Municipal Code, which is
titled "Cable, Video and Telecommunications," is amended by adding a new Section
6.10.085 to read as follows:
6.10.085. Special Provisions Applicable to Holders
of State Video Franchises
A. Fee for Support of PEG Access Facilities and Activities.
1. The City Council has determined that the public interest will best be
served by imposing, to the extent authorized by applicable law, comparable financial
obligations upon similarly-situated multichannel video programming providers that are
franchised to provide video services within the City. Consistent with the City's policy of
requiring franchisees to provide financial support for public, educational, and
governmental (PEG) access channel facilities and activities, a fee is established as set
forth below in subparagraph (3).
I
2. On December 31, 2006, the City's incumbent cable operator was
contractually obligated to pay an annual fee of $75,000 to support PEG channel facilities
and activities. This fee is in excess of one percent (1 %) of the cable operator's reported
gross revenues, and it is approximately equivalent to 1.20% of the reported gross
revenues. The term "gross revenues" shall be defined as set forth in California Public
Utilities Code Section 5860.
3. The City hereby establishes and imposes upon any state video franchise
holder operating in the City a fee, separate from the five percent (5%) franchise fee, to
support PEG access channel facilities and activities. This separate fee is in the amount of
one and twenty-eight hundredths percent (1.20%) of a video service provider's gross
revenues. The restrictions and limitations set forth below in subparagraph (4) apply to
this PEG access support fee.
4. The fee in support of PEG access channel facilities and activities specified
above in subparagraph (3), as applied to a state video franchise holder, is subject to the
following provisions:
a. The fee must not exceed three percent (3%) of the holder's gross
revenues, as the term "gross revenues" is defined in the Public Utilities Code section
5860.
b. The fee will terminate upon expiration of the state video franchise,
but it may be reauthorized by ordinance adopted by the City Council.
I
c. If the imposition of this fee, or any component thereof, is
determined to be contrary to or inconsistent with the provisions of Public Utilities Code
section 5870 by subsequent legislative action, judicial decision, or administrative
interpretation, then an alternative fee for PEG support obligations may be imposed by
ordinance adopted by the City Council.
d. The fee established by this paragraph (A) 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 describes all sources of the gross revenues upon which the fee is based, which
Ordinance Number 1563
summary must be verified by a responsible financial officer or employee of the video
service provider.
B. Franchise Fee.
A state video franchise holder operating in the City shall pay to the City a
franchise fee that is equal to fi ve percent (5%) of the gross revenues of that state video
franchise holder. The term "gross revenues" shall be defined as set forth in Public
Utilities Code section 5860.
C. Audit Authoritv.
I
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.
D. Customer Service Penalties Under 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
statc 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 $1,500 for
each violation.
I
b. For a second violation of the same nature within 12 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.
c. For a third or further violation of the same nature within 12
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.
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.
E. Citv Resoonse to State Video Franchise Aoolications.
1. 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.
I
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.
Ordinance Number 1563
I
F. PEG Access Channel Callacitv.
1. 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 three public,
educational, or governmental (PEG) access channels.
2. Additional requirements relating to PEG access channels are as follows:
a. A state video franchise holder is subject to payment of the PEG
support fee specified above in paragraph (A).
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.
e. 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
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 (NTSC) television signal.
I
G. Interconnection.
Where technically feasible, a state video franchise holder and 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 openitordo 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.
H. Emen!encv Alert Svstem and Emerl!encv Overrides.
I
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. 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.
Ordinance Number 1563
I. Encroachment Permit Aoolications.
1. As used in this section, the term "encroachment permit" means any permit
issued by the City relating to construction or operation of facilities by the holder of a state
video franchise.
2. The City shall either approve or deny an application from a holder of a
state video franchise for an encroachment permit within 60 days of receiving a completed
application.
3. If the City denies an application for an encroachment permit, the City
shall, at the time of notifying the applicant of the denial, furnish to the applicant a
detailed explanation of the reason for the denial. An applicant may appeal the City's
denial of an encroachment permit application to the City Council. A written notice of
appeal stating the facts of the matter and the grounds for appeal shall be filed with the
City Clerk within ten days of the denial. The City Clerk shall set the matter for hearing at
a regular meeting of the City Council and shall give the appellant written notice of the
time and placc of hearing at least five days before the hearing. The decision of the City
Council taken after the appellant has had an opportunity to be heard will be final.
I
Section 2.
This ordinance shall become effective 30 days after its adoption.
Section 3. The City Clerk is directed to certify to the adoption of this
ordinance and to cause this ordinance to be published or posted as required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a meeting thereof held on the 5th day of November , 2007.
~~I ) I Ji--rr~'1II:(
Mayor
I
~~
Cit Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing ordinance is an original copy of Ordinance Number 1563 on file in the
office of the City Clerk, introduced at a meeting held on the 22nd day of October,
2007, and passed, approved and adopted by the City Council of the City of Seal Beach at
a meeting held on the 5th day of November, 2007 by the following vote:
Counci I members fln"tio.::J ~a,tia
J '
Councilmembers .:I;I1/1~
Councilmembcrs ~1/)'~1:f-
~
AYES:
?JJ~
NOES:
ABSENT:
I
ABSTAIN:
Council members
and do hereby further certify that Ordinance Number 1563 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
~'n~ ~J
C{~ Clerk
I
'PROOF OF PUBLICATION
(2015,5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and ,not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, Co'unty of
, Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
~.I
all in the year 2007.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Ordinance Number 1563
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
...............................................
...............................................
",-. ....... . ,
SUMMARY-ORDINANCE
N~M~rER 1583 ~ .... ,....
. .1~clkJri and first readl~!
of~No,1581 ,AMEND,.
ING,CHAPTER 6.10; which Is
titled, "Ca~la. Vida. and
T_munlcallons."OFT1T1..E
6 DFTHE SEAL BEACH MUNI().
IPAI, CODE BY ADDING'ANEW'
SECTION 6.10.0S6. Spacial
PnMaIOl1i AppIIcabIa to Holdara
oI~VIdaOF.r_"l"
. ,CalbmSlal8_oU1od'.
'Into IBw'A88emblylBIII'2987;:'
_..lha D1g11a1 1_'
and VIdeo ComPetition Act ofU
2006 (DIVCAI, Tho ....-.- N_
~ofDlVCAlsto';;;;;;';;ii*i-'
~for.lhagiw1Ungol"
. f . to pnlVIdara 01 cabIa
and open vIdeO sysIem services I
In an efforI to fosI8r the rollout of r
technology, encourage vtd80, I
'vole_land broadband'servlce ,
comjJetibon and to 8xpand cus-
tomer choice. ....' ':. . '.
This new law permanently
changes tho franchISing one! lOll- I
_ _ strucIIn furlhO proyIoicjn"
ofc:ab1elBlevlsianandohrvldeo' :
_ Ullha SIaIo of CoIlIma.'
Uncfor DIVCA, vidoo_ Iran-.
. -......--.....y
15~.UHIo~
l_thIOlbvlocal'
i8fng entities.' .
. Tho key pnlVioIono In tho onll.
nance: FeeforSUpportofPEG~
-so Faclllllso OI1d ActMIfeo;
FranchlsoF";~dR~~;
QRmor__Uncfor:
Stale Video Franchi...; City
Response to State Video
Franchise ~pllc.tron8; PEG
Acces. Channel Capacity;
1nhn__1l.aeL..;~AIirt.
=lDf~o..;.......\
.1_1'-~
~ Ordinance Number 1583 _I
Introduced at the regular City.
Council meeting of OCtober 22, I
:tDa7 end onliapoiIad ~_...,
fur ~ raodlng end 8doplIon
at the regular meeting of
__6.2007. FiralIOOlIIlg
of OrdInance Number 1563 was
IIJJPlOVOd by llio foIlow1ng_:
. -AYES: Anloo. LovIn. Shanko.
}'baben' , '~,_'~'.;
NOES: l.oraon. _ carrfed'
, . Coploo 01 OIdlnanco Number
1563 are.avallable from the offtce,
01 tho City Clortc, CIty Holl. 211 _':"'
6th Straot;'SoaI Boach;\alophono
(662) 431-2627 oxt 306: .' 1
t DATED THIS 23rd .day of
October, 2007. - .
Uncia DevIne. City cterl( '. , '.
CIty 01 SoaI Boach . - .
Puflllshod In lha SoaI Saach SUn
1",UflOO7. . ..
"
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
Ordinance Number 1563
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange. State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
~r(S
all in the year 2007.
Proof of Publication of
...............................................
...............................................
SUM MA R'Y:ORDINANCE ,odapIedatlllli.o..w";:=a:'
~UIIBER1~" -,... -.s,l!llO!bylhe
,J. ..". .. vote.I~.. ........ .
. .OnfInance~Na.1563~AMEND-,I. - .: \.-, .. ." . .
ING'CHAPTER 6.10, which Is, AYES: AnIos:Shonk8, _'
titled .Cable, Video and I NOES: Larson : I "..
TeIoii:ommu_..; OFTlTLE j"ABSE~ I.evIIl, Motion canted'
6OFlHESEALBEACHMlIIIIC- .~ ~ r .... ...
'IPAL CODE BY ADDING ANEW . cOpi.. o(Onllnonce Number'
SECTION 6.l0.0SS. ~=.I l563...._lefromthoofftco
P_.AppIIcabIa to ..' 011110 CIIy Cleric, CIty Hall 211 _
01 Stat. Vldao Fronchlsea.' " 6th Slraal; --'1BIeimnO
'ICal:lclnWl___, (582)431-25270.1.305.'_ '
Into law Assembly Bill 2087. DATED THIS' 8th day 'of
_..thoDl{;lal_ Novamber, 2007. . .' .
and Video COmpetition Act ofl.88-188 . I
2006 (DIVCAI. Tho prlmely pur.: Undo DevIno, C,Iy Clork. .
.poee of DlVCAls 10 a&Bte a mln- ~. City of Seal Beach, I
- Process Iorlhe _ 01'. Publlshod Iii Iha Baal Beech Sun
fnInohr...toprovld"",orc'-blo'11/1512OO7. ..' -..", ,
and open video sysIem fl!ll*88 ~
In an effort to foster the r6/Iout of
tlchnology, 'encourage video,
voice end broadband service
'competltlon and to expand cus-
tomer choice. . . '.
. This new'law permanently.,
chongu tho _IBlng snd rag- ,
uIatorY BlruClUr8Ior 1110 plOYl_',
'oIcatllellllevlBlorisnd__
_In 1110 ~ofCalilcmla. t
UndBrDIVCA;__fnIn-
_...now ~'
~~'~I~Q..,.,""'.
, l_lhenby_
ranchIsIng enthles. ..... . .
,I ;n.e keY pl'OYlslons In ffi. ord...
nance: Fee for SUpport of PEG I
AcceIB Facilities and ActivitIes; .
F...- F..; AudR Authority;
~__\hIe' I
Stale Videa Franchls.l; CIty
R.lpons. 10' ,Slat8 Video..
Franchise Appll~atlon.;_PEG.aAceel. Channel CapacltY;'4
InI8_;~AIOrt
=snd~,1dl..;
.._IIP8rm11 . I
. 'Ordlnance Number 563 WBI .
. . . .
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
,CA
,2007.
I
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555