Laserfiche WebLink
In researching the necessary amendments to the City's Telecommunications Regulatory <br />Ordinance (Rancho Palos Verdes Municipal Code (RPVMC) Chapter 13.12), Staff found <br />that many provisions of the ordinance had been superseded or invalidated by the <br />enactment of DIVCA. Therefore, the Video Service Providers Regulatory Ordinance <br />presented to the City Council for introduction tonight constitutes a complete overhaul of <br />RPVMC Chapter 13.12. <br />The ordinance codifies the City's authority to obtain from state franchise holders a <br />franchise fee of 5% of the franchisee's gross revenue, plus 1 % gross revenue to be <br />used for the City's PEG purposes. (Proposed RPVMC § 13.12.040, page A-3.) <br />With respect to video providers customer service standards, DIVCA and the proposed <br />ordinance give the City the authority to impose monetary penalties for material breaches <br />of these standards. These penalties start at $500 per day/$1,500 maximum per <br />occurrence, with the ability to increase to $1,000 per day/$3,000 per occurrence and <br />$2,500 per day/$7,500 per occurrence in the event of second and third material <br />breaches, respectively, within a 12 -month period. (Proposed RPVMC § 13.12.090, page <br />A-7.) <br />Pursuant to Government Code Section 53088.2, specific customer service standards <br />covered by the ordinance would include (but not be limited to): <br />• Providing knowledgeable, qualified company representatives available to <br />respond to customer telephone inquiries Monday to Friday, inclusive, excluding <br />holidays, during normal business hours. <br />• Providing a toll-free or local telephone number for installation, service, and <br />complaint calls. <br />• Rendering bills that are accurate and understandable. <br />• Responding to a complete outage in a customer's service promptly, generally <br />within 24 hours except in those situations beyond the reasonable control of the <br />video provider. <br />• Providing a minimum of 30 days' written notice before increasing rates or <br />deleting channels. <br />• Requiring any service terminated without good cause to be restored without <br />charge for the service restoration. <br />• Prohibiting video providers from disclosing the name and address of a subscriber <br />for commercial gain to be used in mailing lists or for other commercial purposes <br />not reasonably related to the conduct of the businesses of the video providers or <br />their affiliates. <br />The proposed ordinance also codifies the requirement for video service providers to <br />obtain an encroachment permit from the Public Works Department for the placement of <br />related equipment in the City's public rights-of-way (proposed Sections 13.12.100 and <br />13.12.110 on pages A-8 through A-9). The Director of Public Works will have the <br />authority to approve or deny such encroachment permit applications, which action shall <br />be appealable to the City Council. Since there is currently no appeal fee for <br />2 <br />