ORD 454 ORDINANCE NO. 454
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 13.12 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE BY ADDING NEW SECTIONS 13.12.140 AND 13.12.150 RELATING TO A
SUPPORT FEE FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS
APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 13.12 of Title 13 ("Telecommunications Regulatory
Ordinance") of the Rancho Palos Verdes Municipal Code is amended by adding a new
Section 13.12.140 to read as follows:
13.12.140 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 Grantee's gross annual cable service revenues, as that term is defined below
in Section 13.12.400, or in the Grantee's franchise agreement, or in applicable
provisions of state or federal 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
revenues, as defined in California Public Utilities Code Section 5860.
Section 2. Chapter 13.12 of Title 13 ("Telecommunications Regulatory
Ordinance") of the Rancho Palos Verdes Municipal Code is amended by adding a new
Section 13.12.150 to read as follows:
13.12.150 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 revenues" 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.
C. 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 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 $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.
D. City Response to State Video Franchise Applications.
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 Clerk.
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 least three public, educational, or governmental (PEG) access channels.
Ordinance No. 454
Page 2 of 4
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, or sponsorship 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 the incumbent cable operator 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.
F. 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.
G. 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. 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 No. 454
Page 3 of 4
Section 3. The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City.
Section 4. This Ordinance shall go into effect and be in full force and effect at
12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED, AND ADOPTED this 3rd thy .f April, 0 e .
Mayor
Attest:
Cit Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes)
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 454 passed first reading on March 20, 2007, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
April 3, 2007, and that the same was passed and adopted by the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Clark, Gardiner
ABSTAIN: None
Cit Clerk
Ordinance No. 454
Page 4 of 4
RANCHO AL OS E RD ES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on April 5, 2007, she caused to be posted the following document entitled:
ORDINANCE NO. 454—AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 13.12 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
BY ADDING NEW SECTIONS 13.12.140 AND 13.12.150 RELATING TO A SUPPORT
FEE FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO
HOLDERS OF STATE VIDEO FRANCHISES, a copy of which is attached hereto, in the
following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
ity Clerk
W:\City Council Ordinances\affidavits\Ordinance 454-Local Cable Usage&Video Franchises.doc