CC SR 20210817 05 - Cox Communications
CITY COUNCIL MEETING DATE: 08/17/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to receive a status update from Cox Communications
regarding its internet speed and reliability services.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a presentation by Cox Communications regarding its internet
speed and reliability services.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jesse Villalpando, Senior Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. RPVMC 13.12 (page A-1)
B. Digital Infrastructure and Video Competition Act (DIVCA) (page B-1)
C. California Public Utilities Commission FAQs about DIVCA (page C-1)
D. Cox Renewed Franchise Certificate (page D-1)
E. Cox Communications October 6, 2020 slide presentation (page E-1)
BACKGROUND AND DISCUSSION:
In 1998, the City Council adopted Ordinance No. 339, the City 's Telecommunications
Regulatory Ordinance, which was codified as Chapter 13.12 of the Rancho Palos Verdes
Municipal Code (RPVMC) (Attachment A). The ordinance established regulations for
cable television systems, open video systems, and other telecommunications services
and systems, including procedures for granting local franchise agreements. In 2006, this
all began to change with the enactment of the state's Digital Infrastructure and Video
Competition Act (DIVCA) (Attachment B). DIVCA shifted franchise agreement authority
from local agencies to the California Public Utilities Commission (CPUC) but obliged local
1
CITYOF RANCHO PALOS VERDES
agencies to retain the responsibility for enforcing customer service standards (Attachment
C).
On December 30, 2016, the CPUC granted a California Video Franchise Certificate to
Cox Communications applicable toward various California entities, including the City of
Rancho Palos Verdes (Attachment D). This certificate grants authority to Cox
Communications to provide video service in the service area and authority to use the
public rights-of-way in exchange for the franchise fee adopted in CAL. PUB. UTIL. CODE §.
5840(q), subject to state laws. This certificate has been in effect since April 27, 2017 and
has an expiration date of April 27, 2027.
In response to several public inquiries, Staff has verified that other providers can enter
the City's market, but would need to obtain a California Video Franchise Certificate from
the CPUC.
On October 6, 2020, representatives from Cox Communications' government affairs
division addressed the City Council in response to a flood of inquiries from residents
experiencing issues with their internet connection and concerned about maintaining
connectivity for distance learning and telecommunting during the COVID-19 pandemic.
The purpose of this meeting was to express the community's concerns with the services
and customer service provided by Cox when it comes to internet speed and reliability,
and to identify measures to improve services provided to residents of the Peninsula. Cox
Communications provided troubleshooting resources for residents, including frequently
asked questions, videos, a wifi optimization guide, infographic, and tips, such as having
the most recent model modem (Attachment E).
At this meeting, among other topics discussed, it was agreed that representatives from
Cox Communications would be invited to future City Council meetings to provide the
community with updated reports on Cox’s internet speed and reliability infrastructure
improvements and address community questions and concerns.
Dave Simpson, recently named as the Cox Communications' Government Affairs
Manager for Rancho Palos Verdes (replacing Michael Hadland who left the Company
recently), confirmed his attendance at tonight's meeting . He intends to provide an
update on Cox's progress since the October 2020 meeting in terms of improvements to
its services and addressing resident customer service complaints.
Network Upgrades in RPV
Representatives from Cox Communications informed City Staff that they are
approximately one-third of the way through the planned upgrades within the City of
Rancho Palos Verdes and are confident that the remaining upgrades scheduled for 2021
will be completed this year. These are upgrades at the node — or neighborhood — level.
Cox prioritizes these upgrades in areas with a high utility value, which means that new
areas are constantly being upgraded. Additionally, Cox stated that Rancho Palos Verdes
residents should anticipate the same number of upgrades in 2022.
2
Back-up Generator Natural Gas Resiliency Project
Cox Communications has identified a total of 55 sites within the City of Rancho Palos
Verdes for the wireline resilience program mandated by the California Public Utilities
Commission's (CPUC) Decision Adopting Wireless Provider Resiliency Strategies. In
summary, this project is intended to install back-up generator fueled by natural gas to
support on-going services in the event of a power outage. To date, Cox has submitted 28
permits to the City since May 2021, and anticipates submitting the remaining permits
within the next two weeks. The following is a map of the Cox-identified locations for this
project.
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Chapter 13.12 - TELECOMMUNICATIONS REGULATORY ORDINANCE
Sections:
Article I. - General Provisions
13.12.010 - Title.
This chapter is known and may be cited as the "Telecommunications Regulatory Ordinance" of the city of Rancho Palos
Verdes.
(Ord. 339 § 2 (part), 1998)
13.12.020 - Purpose and intent.
A.
The city council finds and determines as follows:
1.
The development of cable television and other telecommunications systems may provide significant benefits for, and
have substantial impacts upon, the residents of the city.
2.
Because of the complex and rapidly changing technology associated with telecommunications services and systems, the
public convenience, safety, and general welfare can best be served by establishing regulatory powers to be exercised by
the city.
3.
This chapter is intended to establish regulatory provisions that authorize the city to regulate telecommunications services
and systems to the extent authorized by federal and state law, including but not limited to the Federal Cable
Communications Policy Act of 1984, the Federal Cable Television Consumer and Competition Act of 1992, the Federal
Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable
California statutes and regulations.
B.
The purpose and intent of this chapter is to provide for the attainment of the following objectives:
1.
To enable the city to discharge its public trust in a manner consistent with rapidly evolving federal and state regulatory
policies, industry competition, and technological development.
2.
To authorize and to manage reasonable access to the city's public rights-of-way and public property for
telecommunications purposes on a competitively neutral and nondiscriminatory basis.
3.
To obtain fair and reasonable compensation for the city and its residents for authorizing the private use of the public
rights-of-way and public property.
4.
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To promote competition in telecommunications services, minimize unnecessary local regulation of telecommunications
service providers, and encourage the delivery of advanced and competitive telecommunications services on the broadest
possible basis to local government and to the businesses, institutions, and residents of the city.
5.
To establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the
regulation of telecommunications service providers.
6.
To encourage the profitable deployment of advanced telecommunications infrastructures that satisfy local needs, deliver
enhanced government services, and provide informed consumer choices in an evolving telecommunications market.
(Ord. 339 § 2 (part), 1998)
13.12.030 - Defined terms and phrases.
Various terms and phrases used in this chapter are defined below in Article V, Section 13.12.400.
(Ord. 339 § 2 (part), 1998)
Article II. - Cable Television Systems
13.12.100 - Authority and findings.
A.
In accordance with applicable federal and state law, the city is authorized to grant one or more nonexclusive franchises
to construct, reconstruct, operate, and maintain cable television systems within the city limits.
B.
The city council finds that the development of cable television and related telecommunications services may provide
significant benefits for, and substantial impacts upon, the residents of the city. Because of the complex and rapidly
changing technology associated with cable television, the city council further finds that the public convenience, safety,
and general welfare can best be served by establishing regulatory powers to be exercised by the city. This article is
intended to specify the means for providing to the public the best possible cable television and related
telecommunications services, and every franchise issued in accordance with this article is intended to achieve this
primary objective. It is the further intent of this article to adopt regulatory provisions that will enable the city to regulate
cable television and related telecommunications services to the maximum extent authorized by federal and state law.
(Ord. 339 § 2 (part), 1998)
13.12.110 - Franchise terms and conditions.
A.
Franchise Purposes. A franchise granted by the city under the provisions of this article may authorize the grantee to do
the following:
1.
To engage in the business of providing cable service and such other telecommunications services as may be authorized
by law and which grantee elects to provide to its subscribers within the designated franchise service area.
2.
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To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic
equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system
in, on, over, under, upon, along and across streets or other public places within the designated franchise service area.
3.
To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and
distribution of television and radio signals, and for the delivery of cable services and such other services as may be
authorized by law.
B.
Franchise Required. It is unlawful for any person to construct, install, or operate a cable television system within any
street or public way in the city without first obtaining a franchise under the provisions of this article.
C.
Term of the Franchise.
1.
A franchise granted under this article will be for the term specified in the franchise agreement, commencing upon the
effective date of the ordinance or resolution adopted by the city council that authorizes the franchise.
2.
A franchise granted under this article may be renewed upon application by the grantee in accordance with the then-
applicable provisions of state and federal law and of this article.
D.
Franchise Territory. A franchise is effective within the territorial limits of the city, and within any area added to the city
during the term of the franchise, unless otherwise specified in the ordinance or resolution granting the franchise or in the
franchise agreement.
E.
Federal or State Jurisdiction. This article will be construed in a manner consistent with all applicable federal and state
laws, and it applies to all franchises granted or renewed after the effective date of this article, to the extent authorized by
applicable law.
F.
Franchise Non-Transferable.
1.
Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary
sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein
granted, without the prior consent of the city council and then only upon such terms and conditions as may be prescribed
by the city council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease,
assign, or otherwise dispose of the franchise without the consent of the city council is null and void. The granting of a
security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a transfer for
the purposes of this subsection.
2.
The requirements of subsection (F)(1) of this section apply to any change in control of grantee. The word "control" as
used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual workingA-3
control in whatever manner exercised. If grantee is a corporation, prior authorization of the city council is required
where ownership or control of more than ten percent of the voting stock of grantee is acquired by a person or a group of
persons acting in concert, none of whom, singularly or collectively, owns or controls the voting stock of the grantee as of
the effective date of the franchise.
3.
Grantee must notify the city in writing of any foreclosure or judicial sale of all or a substantial part of the grantee's
franchise property, or upon the termination of any lease or other interest covering all or a substantial part of that
franchise property. That notification will be considered by the city as notice that a change in control of ownership of the
franchise has taken place, and the provisions of this paragraph that require the prior consent of the city council to that
change in control of ownership will apply.
4.
For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the city may
inquire as to the qualifications of the prospective transferee or controlling party, and grantee must assist the city in that
inquiry. In seeking the city's consent to any change of ownership or control, grantee or the proposed transferee, or both,
must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to
the city not less than one hundred twenty days prior to the proposed date of transfer. The transferee must establish that it
possesses the legal, financial, and technical capability to operate and maintain the cable system and to comply with all
franchise requirements during the remaining term of the franchise. If the legal, financial, and technical qualifications of
the applicant are satisfactory, the city will consent to the transfer of the franchise. The consent of the city to that transfer
will not be unreasonably denied or delayed.
5.
Any financial institution holding a pledge of the grantee's assets to secure the advance of money for the construction or
operation of the franchise property has the right to notify the city that it, or a designee satisfactory to the city, will take
control of and operate the cable television system upon grantee's default in its financial obligations. Further, that
financial institution must also submit a plan for such operation within ninety days after assuming control. The plan must
insure continued service and compliance with all franchise requirements during the period that the financial institution
will exercise control over the system. The financial institution may not exercise control over the system for a period
exceeding one year unless authorized by the city, in its sole discretion, and during that period of time it will have the
right to petition the city to transfer the franchise to another grantee.
6.
Grantee must reimburse the city for the city's reasonable review and processing expenses incurred in connection with
any transfer or change in control of the franchise. These expenses include, without limitation, costs of administrative
review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal
experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. No
reimbursement may be offset against any franchise fee payable to the city during the term of the franchise.
G.
Geographical Coverage.
1.
Grantee must design, construct, and maintain the cable television system so as to have the capability to pass every
dwelling unit in the city, subject to any service-area line extension requirements of the franchise agreement.
2.
After service has been established by activating trunk or distribution cables for any service area, grantee must provide
service to any requesting subscriber in that service area within thirty days from the date of request, provided that the
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grantee is able to secure on reasonable terms and conditions all rights-of-way necessary to extend service to that
subscriber within that thirty-day period.
H.
Nonexclusive Franchise. Every franchise granted is nonexclusive. The city specifically reserves the right to grant, at any
time, such additional franchises for a cable television system, or any component thereof, as it deems appropriate, subject
to applicable state and federal law. If an additional franchise is proposed to be granted to a subsequent grantee, a noticed
public hearing must first be held in accordance with the provisions of Government Code Section 53066.3.
I.
Multiple Franchises.
1.
The city may grant any number of franchises, subject to applicable state and federal law. The city may limit the number
of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and specific local
considerations, such as:
a.
The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of
the existing utility systems, such as electrical power, telephone, gas, and sewerage.
b.
The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved
service.
c.
The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on
residents' property, and the disruption arising from numerous excavations within the public rights-of-way.
2.
The city may require that any new grantee be responsible for its own underground trenching and the associated costs if,
in the city's opinion, the rights-of-way in any particular area cannot reasonably accommodate additional cables.
(Ord. 339 § 2 (part), 1998)
13.12.120 - Franchise applications and renewal.
A.
Filing of Applications. Any person desiring an initial franchise for a cable television system must file an application with
the city. A reasonable nonrefundable application fee in an amount established by resolution of the city council must
accompany the application. That application fee will cover all costs associated with reviewing and processing the
application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the
applicant, consultants (including technical and legal experts and all costs incurred by those experts), notice and
publication requirements, and document preparation expenses. If those costs exceed the application fee, the applicant
must pay the difference to the city within thirty days following receipt of an itemized statement of those costs.
B.
Applications—Contents. An application for an initial franchise for a cable television system must contain, as applicable:
1.A-5
A statement as to the proposed franchise service area.
2.
A resume of the applicant's prior history, including the experience and expertise of the applicant in the cable television
and telecommunications industry.
3.
A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or
controlled by each stockholder, if a closely-held corporation. If the applicant is a publicly-owned corporation, each
owner of ten percent or more of the issued and outstanding capital stock must be identified.
4.
A list of officers, directors, and managing employees of the applicant, together with a description of the background of
each such person.
5.
The names and addresses of any parent or subsidiary of the applicant, or any other business entity owning or controlling
applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant.
6.
A current financial statement of the applicant verified by a certified public accountant or otherwise certified to be true,
complete, and correct to the reasonable satisfaction of the city.
7.
The proposed construction and service schedule.
8.
Any additional information that the city deems to be reasonably necessary.
C.
Consideration of Initial Applications.
1.
Upon receipt of an application for an initial franchise, the city manager or the city manager's designee must prepare a
report and make recommendations to the city council concerning that application.
2.
A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the city council.
Within thirty days after the close of the hearing, the city council will make a decision based upon the evidence received
at the hearing as to whether the franchise should be granted, and, if granted, subject to what conditions. The city council
may grant one or more franchises, or may decline to grant any franchise.
D.
Franchise Renewal. Franchise renewals will be processed in accordance with then-applicable law. The city and grantee,
by mutual consent, may enter into renewal negotiations at any time during the term of the franchise.
(Ord. 339 § 2 (part), 1998)
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13.12.130 - Contents of cable television franchise agreements.
A.
The terms and provisions of a franchise agreement for the operation of a cable television or related telecommunications
services may relate to or include, without limitation, the following subject matters:
1.
The nature, scope, geographical area, and duration of the franchise.
2.
The applicable franchise fee to be paid to the city, including the amount, the method of computation, and the time for
payment.
3.
Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the
operation of the cable television system.
4.
Requirements relating to the construction, upgrade, or rebuild of the cable television system, as well as the provision of
special services, such as outlets for public buildings, emergency alert capability, and parental control devices.
5.
Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances
to secure the performance of the grantee's obligations under the franchise agreement.
6.
Requirements relating to comprehensive liability insurance, workers' compensation insurance, and indemnification.
7.
Requirements relating to consumer protection and customer service standards, including the resolution of subscriber
complaints and disputes and the protection of subscribers' privacy rights.
8.
Requirements relating to the grantee's support of local cable usage, including the provision of public, educational, and
governmental access channels, the coverage of public meetings and special events, and financial support for
governmental access channels.
9.
Requirements relating to construction, operation, and maintenance of the cable television system within the public
rights-of-way, including compliance with all applicable building codes and permit requirements of the city, the
abandonment, removal, or relocation of facilities, and compliance with FCC technical standards.
10.
Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and performance reviews,
and the inspection of grantee's books and records.
11.
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Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable
penalties or remedies for such breaches or defaults, including fines, penalties, liquidated damages, suspension,
revocation, and termination.
12.
Requirements relating to the sale, assignment, or other transfer or change in control of the franchise.
13.
The grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the
city's operation and management of the cable system.
14.
Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the
franchise agreement and that will, in the judgment of city staff and the city council, best serve the public interest and
protect the public health, welfare, and safety.
B.
If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the city council
and provisions of this article, the provisions of the franchise agreement will control.
(Ord. 339 § 2 (part), 1998)
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 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 of its gross revenues, as defined
in California Public Utilities Code Section 5860.
(Ord. 454 § 1, 2007: Ord. 455U § 1, 2007)
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 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.A-8
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 thirty days from receipt of the
notice to remedy the specified material breach. Material breaches not remedied within the thirty-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 five hundred dollars shall be imposed for each day the
violation remains in effect, not to exceed one thousand five hundred dollars for each violation.
b.
For a second violation of the same nature within twelve months, a monetary penalty of one thousand dollars shall be
imposed for each day the violation remains in effect, not to exceed three thousand dollars for each violation.
c.
For a third or further violation of the same nature within twelve months, a monetary penalty of two thousand five
hundred dollars shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred
dollars for each violation.
3.
A state video franchise holder may appeal a monetary penalty assessed by the city within sixty 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.
1.
PEG access channels shall be for the exclusive use of the city or its designees to provide public, educational, or
governmental programming.
2.
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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.
(Ord. 454 § 2, 2007: Ord. 455U § 2, 2007)
Article III. - Open Video Systems
13.12.200 - Applicability.
The provisions of this article are applicable to an open video system operator, as defined below in Article V, that intends
to deliver video programming to consumers in the city over an open video system.
(Ord. 339 § 2 (part), 1998)
13.12.210 - Application required.
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A.
Before commencing the delivery of video programming services to consumers in the city over an open video system, the
open video system operator must file an application with the city. That application must include or be accompanied by
the following, as applicable:
1.
The identity of the applicant, including all affiliates of the applicant.
2.
Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR Section 76.1503(b) (1), and the Order of the FCC,
all of which relate to certification of the applicant to operate an open video system in accordance with Section 653(a) (1)
of the Communications Act and the FCC's rules.
3.
The area or areas of the city that the applicant desires to serve.
4.
A description of the open video system services that will be offered by the applicant over its existing or proposed
facilities.
5.
A description of the transmission medium that will be used by the applicant to deliver the open video system services.
6.
Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding
the ownership and operation of the open video system described in the application.
7.
Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the
applicant's financial ability to:
a.
Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the city.
b.
Comply with the city's public, educational, and governmental access requirements as specified below in Section
13.12.230 (B)(4).
c.
Comply with the city's requirement that gross revenue fees be paid in the sum of five percent, as specified below in
Section 13.12.230 (B)(2).
8.
An accurate map showing the location of any existing telecommunications facilities in the city that the applicant intends
to use, to purchase, or to lease.
9.
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If the applicant's operation of the open video system will require the construction of new physical plant in the city, the
following additional information must be provided:
a.
A preliminary construction schedule and completion dates.
b.
Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the city, in
sufficient detail to identify:
i.
The location and route requested for the applicant's proposed facilities.
ii.
The locations, if any, for interconnection with the facilities of other telecommunications service providers.
iii.
The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to remove or
relocate on a temporary or permanent basis.
c.
The applicant's statement that, in constructing any new physical plant, the applicant will comply with all applicable
ordinances, rules, and regulations of the city, including the payment of all required permit and processing fees.
10.
The information and documentation that is required to be submitted to the city by a video provider, as specified below in
subsection B of Section 13.12.310.
11.
Such additional information as may be requested by the city manager.
12.
A nonrefundable filing fee in an amount established by resolution of the city council.
B.
If any item of information specified above in subsection A of this section is determined under paramount federal or state
law to be unlawful, the city manager is authorized to waive the requirement that such information be included in the
application.
(Ord. 339 § 2 (part), 1998)
13.12.220 - Review of the application.
Within thirty days after receipt of an application filed under Section 13.12.210 that is deemed to be complete, the city
manager will give written notice to the applicant of the city's intent to negotiate an agreement setting forth the terms and
conditions under which the operation of the proposed open video system will be authorized by the city. The
commencement of those negotiations will be on a date that is mutually acceptable to the city and to the applicant.
(Ord. 339 § 2 (part), 1998)
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13.12.230 - Agreement required.
A.
No video programming services may be provided in the city by an open video system operator unless the operator and
the city have executed a written agreement setting forth the terms and conditions under which the operation of the
proposed open video system will be authorized by the city.
B.
The agreement between the city and the open video system operator may contain terms and conditions that relate to the
following subject matters, to the extent that such terms, conditions, and subject matters are not preempted by federal
statute or regulations:
1.
The nature, scope, and duration of the agreement, including provisions for its renewal or extension.
2.
The obligation of the open video system operator to pay to the city, at specified times, fees on the gross revenues
received by the operator, as authorized by 47 CFR Section 76.1511, in accordance with the following standards and
procedures:
a.
The amount of the fees on the gross revenues will be five percent, and will be paid in lieu of the franchise fees permitted
under Section 622 of the Communications Act.
b.
The term "gross revenues" means (i) all gross revenues received by an open video system operator or its affiliates,
including all revenues received from subscribers and all carriage revenues received from unaffiliated video programming
providers; and (ii) all advertising revenues received by the operator or its affiliates in connection with the provision of
video programming, where such revenues are included in the calculation of the cable franchise fee paid to the city by the
franchised cable operator. The term "gross revenues" does not include revenues, such as subscriber or advertising
revenues, collected by unaffiliated video programming providers.
3.
The obligation of the open video system operator to comply with requirements relating to information collection and
recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the
accuracy of the fees on the gross revenues that are required to be paid as specified above in subsection (B)(2) of this
section.
4.
The obligation of the open video system operator to meet the city's requirements with respect to public, educational, and
governmental access channel capacity, services, facilities, and equipment, as provided for in 47 CFR Section 76.1505. In
this regard, the following standards and procedures are applicable:
a.
The open video system operator is subject to the same public, educational, and governmental access requirements that
apply within the cable television franchise service area with which its system overlaps.
b.
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The open video system operator must ensure that all subscribers receive all public, educational, and governmental access
channels within the franchise service area in which the city's subscribers are located.
c.
The open video system operator may negotiate with the city to establish the operator's obligations with respect to public,
educational, and governmental access channel capacity, services, facilities, and equipment. These negotiations may
include the city's franchised cable operator if the city, the open video system operator, and the franchised cable operator
so desire.
d.
If the open video system operator and the city are unable to reach an agreement regarding the operator's obligations with
respect to public, educational, and governmental access channel capacity, services, facilities, and equipment within the
city's jurisdiction, then the following obligations will be imposed:
i.
The open video system operator must satisfy the same public, educational, and governmental access obligations as the
city's franchised cable operator by providing the same amount of channel capacity for public, educational, and
governmental access and by matching the city's franchised cable operator's annual financial contributions in support of
public, educational, and governmental access services, facilities, and equipment that are actually used by the city. For in-
kind contributions, such as cameras or production studios, the open video system operator may satisfy its statutory
obligation by negotiating mutually agreeable terms with the city's franchised cable operator, so that public, educational,
and governmental access services to the city are improved or increased. If such terms cannot be agreed upon, the open
video system operator must pay to the city the monetary equivalent of the franchised cable operator's depreciated in-kind
contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the open
video system operator must be used to fund activities arising under Section 611 of the Communications Act.
ii.
The city will impose upon the open video system operator the same rules and procedures that it imposes upon the
franchised cable operator with regard to the open video system operator's use of channel capacity designated for public,
educational, and governmental access use when that capacity is not being used for such purposes.
e.
The city's franchised cable operator is required under federal law to permit the open video system operator to connect
with its public, educational, and governmental access channel feeds. The open video system operator and the franchised
cable operator may decide how to accomplish this connection, taking into consideration the physical and technical
characteristics of the cable and the open video systems involved. If the franchised cable operator and the open video
system operator cannot agree on how to accomplish the connection, the city has the right to decide. The city may require
that the connection occur on city-owned property or on public rights-of-way.
f.
All costs of connection to the franchised cable operator's public, educational, and governmental access channel feed
must be borne by the open video system operator. These costs will be counted towards the open video system operator's
matching financial contributions set forth above in subsection (B)(4)(d)(i) of this section.
g.
The city will not impose upon the open video system operator any public, educational, or governmental access
obligations that are greater than those imposed upon the franchised cable operator.
h.
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If there is no existing franchised cable operator, the provisions of 47 CFR Section 76.1505(d)(6) will be applicable in
determining the obligations of the open video system operator.
i.
The open video system operator must adjust its system to comply with new public, educational, and access obligations
imposed on the city's franchised cable operator following a renewal of the cable television franchise; provided, however,
that the open video system operator will not be required to displace other programmers using its open video system to
accommodate public, educational, and governmental access channels. The open video system operator must comply with
such new public, educational, and governmental access obligations whenever additional capacity is or becomes
available, whether it is due to increased channel capacity or to decreased demand for channel capacity.
5.
If the city and the open video system operator cannot agree as to the application of the FCC's rules regarding the open
video system operator's obligations to provide public, educational, and governmental access under the provisions of
subsection (B)(4) of this section, then either party may file a complaint with the FCC in accordance with the dispute
resolution procedures set forth in 47 CFR Section 76.1514. No agreement will be executed by the city until the dispute
has been finally resolved.
6.
If the open video system operator intends to maintain an institutional network, as defined in Section 611(f) of the
Communications Act, the city will require that educational and governmental access channels be designated on that
institutional network to the same extent that those channels are designated on the institutional network of the city's
franchised cable operator.
7.
The authority of an open video system provider to exercise editorial control over any public, educational, or
governmental use of channel capacity will be restricted in accordance with the provisions of 47 CFR Section 76.1505(f).
8.
The obligation of the open video system operator to comply with all applicable federal and state statutes and regulations
relating to customer service standards, including the Cable Television and Video Customer Service and Information Act
(Government Code Sections 53054, et seq.), and the Video Customer Service Act (Government Code Sections 53088, et
seq.)
9.
If new physical plant is proposed to be constructed within the city, the obligation of the open video system operator to
comply with the following rights-of-way use and management responsibilities that are also imposed by the city upon
other telecommunications service providers in a nondiscriminatory and competitively neutral manner:
a.
Compliance with all applicable city building and zoning codes, including applications for excavation, encroachment, and
construction permits and the payment of all required permit and inspection fees.
b.
The coordination of construction requirements.
c.
Compliance with established standards and procedures for constructing lines across private property.
d.A-15
Compliance with all applicable insurance and indemnification requirements.
e.
The repair and resurfacing of construction-damaged streets.
f.
Compliance with all public safety requirements that are applicable to telecommunications service providers using public
property or public rights-of-way.
10.
Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages,
and other remedies, including fines or the suspension, revocation, or termination of the agreement.
11.
Requirements relating to the sale, assignment, or transfer of the open video system.
12.
Requirements relating to the open video system operator's compliance with and implementation of state and federal
laws, rules, and regulations pertaining to the operation of the open video system.
13.
Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the city
and the open video system operator and that will, in the judgment of the city council, best serve the public interest and
protect the public health, welfare, and safety.
(Ord. 339 § 2 (part), 1998)
Article IV. - Other Telecommunications Services and Systems
13.12.300 - Other multichannel video programming distributors.
The term "cable system," as defined in federal law and as set forth in Article V below, does not include a facility that
serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video
programming distributors identified below are not deemed to be "cable systems" and are therefore exempt from the city's
franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that their
distribution or transmission facilities do not involve the use of the city's public rights-of-way.
A.
Multichannel multipoint distribution service ("MMDS"), also known as "wireless cable," which typically involves the
transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight
technology.
B.
Local multipoint distribution service ("LMDS"), another form of over-the-air wireless video service for which licenses
are auctioned by the FCC, and which offers video programming, telephony, and data networking services.
C.
Direct broadcast satellite ("DBS"), also referred to as "direct-to-home satellite services," which involves the distribution
or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground
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receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. Local
regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:
1.
47 U.S.C. Section 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home
satellite services.
2.
Section 602 of the Communications Act states that a provider of direct-to-home satellite service is exempt from the
collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite
service. The terms "tax" and "fee" are defined by federal statute to mean any local sales tax, local use tax, local
intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise
fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business,
regulating, or raising revenue for a local taxing jurisdiction.
(Ord. 339 § 2 (part), 1998)
13.12.310 - Video providers—Registration—Customer service standards.
A.
Unless the customer protection and customer service obligations of a video provider, as that term is defined in Article V,
are specified in a franchise, license, lease, or similar written agreement with the city, a video provider must comply with
all applicable provisions of the following state statutes:
1.
The Cable Television and Video Customer Service and Information Act (Government Code Sections 53054, et seq.)
2.
The Video Customer Service Act (Government Code Sections 53088, et seq.)
B.
All video providers that are operating in the city on the effective date of the ordinance codified in this chapter, or that
intend to operate in the city after the effective date of said ordinance, must register with the city. The registration form
must include or be accompanied by the following:
1.
The video provider's name, address, and local telephone numbers.
2.
The names of the officers of the video provider.
3.
A copy of the video provider's written policies and procedures relating to customer service standards and the handling of
customer complaints, as required by Government Code Sections 53054, et seq. These customer service standards must
include, without limitation, standards regarding the following:
a.
Installation, disconnection, service and repair obligations, employee identification, and service call response time and
scheduling.A-17
b.
Customer telephone and office hours.
c.
Procedures for billing, charges, refunds, and credits.
d.
Procedures for termination of service.
e.
Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates.
f.
Complaint procedures and procedures for bill dispute resolution.
g.
The video provider's written commitment to distribute annually to the city, and to its employees and customers, a notice
describing the customer service standards specified above in subsections (B)(3)(a) through (f) of this section. This
annual notice must include the report of the video provider on its performance in meeting its customer service standards,
as required by Government Code Section 53055.2.
4.
Unless a video provider is exempt under federal law from its payment, a registration fee in an amount established by
resolution of the city council to cover the reasonable costs incurred by the city in reviewing and processing the
registration form.
5.
In addition to the registration fee specified above in subsection (B)(4) of this section, the written commitment of the
video provider to pay to the city, when due, all costs and expenses reasonably incurred by the city in resolving any
disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code
Section 53088.2(o).
C.
The city council may establish by ordinance a schedule of monetary penalties for the material breach by a video provider
of its obligations under subparagraphs (a) through (n) of Government Code Section 53088.2. As used herein, the term
"material breach" means any substantial and repeated failure to comply with the consumer service standards set forth in
Government Code Section 53088.2. The provisions of that ordinance must be consistent with the provisions of
Government Code Section 53088.2. The schedule of monetary penalties may also impose a penalty, as authorized by
Government Code Section 53056(a), for the failure of a video provider to distribute the annual notice required by
Government Code Section 53055.1, which penalty may not exceed $500 for each year in which the notice is not
distributed as required by state statute.
(Ord. 339 § 2 (part), 1998)
13.12.320 - Antennas for telecommunications services.
A.
Section 17.76.020 (Antennas) of Chapter 17.76 (Miscellaneous Permits and Standards) of Title 17 (Zoning) of this code
sets forth the city's regulatory requirements relating to the siting and construction of the following categories of antennasA-18
that are commonly used in providing or receiving telecommunications services:
1.
Satellite earth station antennas, (also known as "satellite dish antennas"), which are parabolic or dish-shaped antennas
which are in excess of one meter in diameter or devices that are designed for over-the-air reception of radio or television
broadcast signals, multichannel multipoint distribution service, or direct broadcast satellite services.
2.
Commercial antennas, which are unstaffed facilities for the transmission or reception of radio, television, and
communications signals, commonly consisting of an antenna array, connection cables, a support structure to achieve the
necessary elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals,
shelters, and similar protective structures.
B.
Notwithstanding any other provision of this chapter, Chapter 12.18 (Wireless Telecommunications Facilities in the
Public Right-of-Way) of this code shall apply to siting, modification and construction of wireless telecommunication
facilities, as defined therein, which in whole or in part, itself or as part of another structure, rests upon, in, over or under
the public right-of-way, including, but not limited to, any such facility owned, controlled, operated or managed by an
entity entitled to construct within the right-of-way pursuant to a franchise with the city or state law.
(Ord. 339 § 2 (part), 1998)
(Ord. No. 578U, § 3, 1-19-16; Ord. No. 580, § 3, 3-15-16)
13.12.330 - Telecommunications service provided by telephone corporations.
A.
The city council finds and determines as follows:
1.
The Federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit
competition in both local and long-distance telephone service.
2.
The California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of local telephone
competition, and it issues certificates of public convenience and necessity to new entrants that are qualified to provide
competitive local telephone exchange services and related telecommunications service, whether using their own facilities
or the facilities or services provided by other authorized telephone corporations.
3.
Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person
owning, controlling, operating, or managing any telephone line for compensation within this state."
4.
Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property
necessary for the construction and maintenance of its telephone line."
5.
Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powers of control
to supervise and regulate the relationships between a public utility and the general public in matters affecting the health,A-19
convenience, and safety of the general public, including matters such as the use and repair of public streets by any public
utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets.
6.
Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct
telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands
within this state, and to erect poles, posts, piers, or abatements for supporting the insulators, wires, and other necessary
fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or
interrupt the navigation of the waters.
7.
Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control
as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied
to all entities in an equivalent manner, and may involve the imposition of fees.
8.
Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement,
installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone
corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications
services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be
levied for general revenue purposes.
B.
In recognition of and in compliance with the statutory authorizations and requirements set forth above in subsection A of
this section, the following regulatory provisions are applicable to a telephone corporation that desires to provide
telecommunications service by means of facilities that are proposed to be constructed within the city's public rights-of-
way:
1.
The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment
permit, or a building permit ("ministerial permit").
2.
In addition to the information required by this code in connection with an application for a ministerial permit, a
telephone corporation must submit to the city the following supplemental information:
a.
A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the
CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are
proposed to be constructed in the city's public rights-of-way.
b.
If the applicant has obtained from the CPUC a certificate of public convenience to operate as a "competitive local
carrier," the following additional requirements are applicable:
i.
As required by Decision No. 95-12-057 of the CPUC, the applicant must establish that it has timely filed with the city a
quarterly report that describes the type of construction and the location of each construction project proposed to be
undertaken in the city during the calendar quarter in which the application is filed, which information is sufficient to
enable the city to coordinate multiple projects, as may be necessary.A-20
ii.
If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or
other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of
public convenience and necessity and that the proposed construction project has been subjected to a full-scale
environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC.
iii.
The applicant must inform the city whether its proposed construction project will be subject to any of the mitigation
measures specified in the negative declaration ["Competitive Local Carriers" (CLCs) Projects for Local Exchange
Communication Service throughout California] or to the mitigation monitoring plan adopted in connection with Decision
No. 95-12-057 of the CPUC. The city's issuance of a ministerial permit will be conditioned upon the applicant's
compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone
corporations that are designated as "competitive local carriers."
C.
In recognition of the fact that numerous excavations in the public rights-of-way diminish the useful life of the surface
pavement, and for the purpose of mitigating the adverse impacts of numerous excavations on the quality and longevity
of public street maintenance within the city, the following policies and procedures are adopted:
1.
The city manager is directed to ensure that all public utilities, including telephone corporations, comply with all local
design, construction, maintenance and safety standards that are contained within, or are related to, a ministerial permit
that authorizes the construction of facilities within the public rights-of-way.
2.
The city manager is directed to coordinate the construction and installation of facilities by public utilities, including
telephone corporations, in order to minimize the number of excavations in the public rights-of-way. In this regard, based
upon projected plans for street construction or renovation projects, the city manager is authorized to establish on a
quarterly basis one or more construction time periods or "windows" for the installation of facilities within the public
rights-of-way. Telephone corporations and other public utilities that submit applications for ministerial permits to
construct facilities after a predetermined date may be required to delay such construction until the next quarterly
"window" that is established by the city.
D.
Chapter 9.04 of Title 9 of this Code sets forth the city's regulatory requirements that apply to the installation and
operation of burglar alarm devices within the city.
(Ord. 339 § 2 (part), 1998)
Article V. - Definitions
13.12.400 - Defined terms and phrases.
A.
For the purposes of this chapter, the words, terms, phrases, and their derivations set forth in this article have the
meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the
plural number.
"Affiliate" means, when used in relation to any person, another person who owns or controls, is owned or controlled by,
or is under common ownership or control with, such person. For purposes of this definition, the term "own" means to
own an equity interest, or its equivalent, of ten percent or more.
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"Cable service" means the one-way transmission to subscribers of video programming, or other programming services,
and subscriber interaction, if any, that is required for the selection or use of that video programming or other
programming service. For the purposes of this definition, "video programming" means programming provided by, or
generally considered comparable to programming provided by, a television broadcast station; and "other programming
service" means information that a cable system operator makes available to all subscribers generally.
"Cable system," or "cable communications system" or "cable television system," means a facility, consisting of a set of
closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide
cable service that includes video programming and that is provided to multiple subscribers within a community. The
term "cable system" does not include:
a.
A facility that serves only to retransmit the television signals of one or more television broadcast stations;
b.
A facility that serves subscribers without using any public right-of-way;
c.
A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Telecommunications
Act of 1996, except that such facility will be considered a cable system (other than for purposes specified in Section
621(c) of the 1984 Cable Act) to the extent such facility is used in the transmission of video programming directly to
subscribers, unless the extent of such use is solely to provide interactive on-demand services;
d.
An open video system that complies with Section 653 of Title VI of the Telecommunications Act of 1996; or
e.
Any facilities of an electric utility that are used solely for operating its electric utility system.
"Cable system operator" means any person or group of persons:
a.
Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest
in that cable system; or
b.
Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable
system.
"City" means the city of Rancho Palos Verdes as represented by its city council or by any delegate acting within the
scope of its delegated authority.
"_____ CFR Section _____" means the Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title
47, part 80, section 1, of the Code of Federal Regulations.
"Communications Act" means the Communications Act of 1934 (47 U.S.C. Sections 153, et seq.), as amended by the
Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992,
and the Telecommunications Act of 1996.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that
is authorized to regulate telecommunications services and telecommunications service providers on a national level.
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"Franchise" means an initial authorization, or the renewal of an initial authorization, issued by the city council, whether
such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise,
that authorizes the construction or operation of a cable system.
"Franchise fee" means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the
city on a grantee as compensation in the nature of rent for the grantee's use of the public rights-of-way. The term
"franchise fee" does not include:
a.
Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities
and cable operators or their services);
b.
Capital costs that are required by the franchise to be incurred by grantee for public, educational, or governmental access
facilities;
c.
Costs or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
d.
Any fee imposed under Title 17, United States Code.
"Franchise service area" or "service area" means the entire geographic area of the city as it is now constituted, or may in
the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in an franchise
agreement.
"Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful
successor, transferee, or assignee.
"Gross annual cable service revenues" means the annual gross revenues received by a grantee from all operations of its
cable television system within the city, excluding uncollected bad debt, refundable deposits, rebates or credits, and
further excluding any sales, excise, or other taxes or charges that are required to be collected for direct pass-through to
the local, state or federal government. Revenues identified and collected from subscribers as franchise fees may not be
excluded from a grantee's gross annual cable service revenues.
"Gross annual telecommunications service revenues" means the annual revenues received by a grantee from the
operation of a cable system to provide telecommunications services other than video programming services.
"Multichannel video programming distributor" or "video programming distributor" means a person such as, but not
limited to, a cable system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or
a television receive-only satellite program distributor, who makes available multiple channels of video programming for
purchase by subscribers or customers.
"Open video system" means a facility consisting of a set of transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable service, including video programming, and that is
provided to multiple subscribers within the city, provided that the FCC has certified that such system complies with 47
CFR Section 1500 et seq., entitled "Open Video Systems."
"Open video system operator" means any person or group of persons who provides cable service over an open video
system and directly or through one or more affiliates, owns a significant interest in that open video system, or otherwise
controls or is responsible for the management and operation of that open video system.
"Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity.
A-23
"Public, educational or government access facilities" or "PEG access facilities," means the total of the following:
a.
Channel capacity designated for noncommercial public, educational, or government use; and
b.
Facilities and equipment for the use of that channel capacity.
"Subscriber" or "customer" or "consumer" means any person who, for any purpose, subscribes to the services provided
by a multichannel video programming distributor and who pays the charges for those services.
"Street" or "public way" means each of the following that has been dedicated to the public and maintained under public
authority or by others and is located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks,
easements, rights-of-way, and similar public property that the city from time to time authorizes to be included within the
definition of a street.
"Telecommunications" means the transmission, between or among points specified by the user, of information of the
user's choosing, without change in the form or content of the information as sent and received.
"Telecommunications equipment" means equipment, other than customer premises equipment, used by a
telecommunications service provider to provide telecommunications service, including software that is integral to that
equipment.
"Telecommunications service" means the offering of telecommunications directly to the public for a fee, or to such
classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used.
"Telecommunications service provider" means any provider of telecommunications service.
" U.S.C. Section _____" means the United States Code. Thus, the citation of "47 U.S.C. Section 153" refers to Title 47,
section 153, of the United States Code.
"Video programming provider" means any person or group of persons who has the right under the federal copyright laws
to select and to contract for the carriage of specific video programming on an open video system.
"Video provider" means any person, company, or service that provides one or more channels of video programming to a
residence, including a home, condominium, apartment, or mobilehome, where some fee is paid for that service, whether
directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that
video programming. A "video provider" includes, without limitation, providers of cable television service, master
antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and
other providers of video programming, whatever their technology.
B.
Unless otherwise expressly stated, words, terms, and phrases not defined in this article will be given their meaning as
used in Title 47 of the United States Code, as amended, and, if not defined in that Code, their meaning as used in Title 47
of the Code of Federal Regulations.
(Ord. 339 § 2 (part), 1998)
Article VI. - Violations—Severability
13.12.500 - Violations—Enforcement.
A.
Any person who wilfully violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided
for in Chapter 1.08 of Title 1 of this Code.A-24
B.
The misdemeanor penalty specified above in subsection A of this section is not applicable to a violation of any provision
of this chapter for which another sanction or penalty may be imposed under any franchise, license, lease, or similar
written agreement between the city and a multichannel video programming distributor or other telecommunications
service provider.
C.
The city may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter.
(Ord. 339 § 2 (part), 1998)
13.12.510 - Severability.
If any provision of this chapter is determined by any court of competent jurisdiction, or by any federal or state agency
having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or
regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform
to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and
independent part of this chapter, and such determination will not affect the validity and enforceability of any other
provisions. If that paramount federal or state law or regulation is subsequently repealed or amended so that the provision
of this chapter determined to be invalid or subject to modification is no longer in conflict with that law or regulation,
then that provision will again become effective and will thereafter be binding on the city and any affected
telecommunications service provider; provided, however, that the city must give the affected telecommunications service
provider thirty days written notice of that change before requiring compliance with that provision, or such longer period
of time as may be reasonably required for the telecommunications service provider to comply with that provision.
(Ord. 339 § 2 (part), 1998)
A-25
Code:Select Code Section:1 or 2 or 1001 Searc
5800.
5810.
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PUBLIC UTILITIES CODE - PUC
DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added
by Stats. 2006, Ch. 700, Sec. 3. )
This act shall be known and may be cited as the Digital Infrastructure and Video Competition Act of 2006.
(Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
(a) The Legislature finds and declares all of the following:
(1) Increasing competition for video and broadband services is a matter of statewide concern for all of the following
reasons:
(A) Video and cable services provide numerous benefits to all Californians including access to a variety of news, publ
information, education, and entertainment programming.
(B) Increased competition in the cable and video service sector provides consumers with more choice, lowers prices,
speeds the deployment of new communication and broadband technologies, creates jobs, and benefits the California
economy.
(C) To promote competition, the state should establish a state-issued franchise authorization process that allows
market participants to use their networks and systems to provide video, voice, and broadband services to all residen
of the state.
(D) Competition for video service should increase opportunities for programming that appeals to California’s diverse
population and many cultural communities.
(2) Legislation to develop this new process should adhere to the following principles:
(A) Create a fair and level playing field for all market competitors that does not disadvantage or advantage one serv
provider or technology over another.
(B) Promote the widespread access to the most technologically advanced cable and video services to all California
communities in a nondiscriminatory manner regardless of socioeconomic status.
(C) Protect local government revenues and control of public rights-of-way.
(D) Require market participants to comply with all applicable consumer protection laws.
(E) Complement efforts to increase investment in broadband infrastructure and close the digital divide.
(F) Continue access to and maintenance of the public, education, and government (PEG) channels.
(G) Maintain all existing authority of the California Public Utilities Commission as established in state and federal
statutes.
(3) The public interest is best served when sufficient funds are appropriated to the commission to provide adequate
staff and resources to appropriately and timely process applications of video service providers and to ensure full
compliance with the requirements of this division. It is the intent of the Legislature that, although video service
providers are not public utilities or common carriers, the commission shall collect any fees authorized by this division
the same manner and under the same terms as it collects fees from common carriers, electrical corporations, gas
corporations, telephone corporations, telegraph corporations, water corporations, and every other public utility
providing service directly to customers or subscribers subject to its jurisdiction such that it does not discriminate
against video service providers or their subscribers.
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u~ VE I FORMATIO I LE G ISLA TI
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5820.
5830.
(4) Providing an incumbent cable operator the option to secure a state-issued franchise through the preemption of a
existing cable franchise between a cable operator and any political subdivision of the state, including, but not limited
to, a charter city, county, or city and county, is an essential element of the new regulatory framework established by
this act as a matter of statewide concern to best ensure equal protection and parity among providers and technologi
as well as to achieve the goals stated by the Legislature in enacting this act.
(b) It is the intent of the Legislature that a video service provider shall pay as rent a franchise fee to the local entity
whose jurisdiction service is being provided for the continued use of streets, public facilities, and other rights-of-way
the local entity in order to provide service. The Legislature recognizes that local entities should be compensated for t
use of the public rights-of-way and that the franchise fee is intended to compensate them in the form of rent or a tol
similar to that which the court found to be appropriate in Santa Barbara County Taxpayers Association v. Board of
Supervisors for the County of Santa Barbara (1989) 209 Cal. App. 3d 940.
(c) It is the intent of the Legislature that collective bargaining agreements be respected.
(d) It is the intent of the Legislature that the definition of gross revenues in this division shall result in local entities
maintaining their existing level of revenue from franchise fees.
(Amended by Stats. 2007, Ch. 123, Sec. 1. Effective January 1, 2008.)
(a) Nothing in this division shall be deemed as creating a vested right in a state-issued franchise by the franch
holder or its affiliates that would preclude the state from amending the provisions that establish the terms and
conditions of a franchise.
(b) Nothing in this division shall be construed to eliminate or reduce a telephone corporation’s or video service
provider’s obligations under any applicable state or federal environmental protection laws. The local entity shall serve
as the lead agency for any environmental review under this division and may impose conditions to mitigate
environmental impacts of the applicant’s use of the public rights-of-way that may be required pursuant to the
California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(c) The holder of a state franchise shall not be deemed a public utility as a result of providing video service under thi
division. This division shall not be construed as granting authority to the commission to regulate the rates, terms, an
conditions of video services, except as explicitly set forth in this division.
(Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
For purposes of this division, the following words have the following meanings:
(a) “Broadband” means any service defined as broadband in the most recent Federal Communications Commission
inquiry pursuant to Section 706 of the Telecommunications Act of 1996 (P.L. 104-104).
(b) “Cable operator” means any person or group of persons that either provides cable service over a cable system an
directly, or through one or more affiliates, owns a significant interest in a cable system; or that otherwise controls or
responsible for, through any arrangement, the management and operation of a cable system, as set forth in Section
522(5) of Title 47 of the United States Code.
(c) “Cable service” is defined as the one-way transmission to subscribers of either video programming, or other
programming service, and subscriber interaction, if any, that is required for the selection or use of video programmin
or other programming service, as set forth in Section 522(6) of Title 47 of the United States Code.
(d) “Cable system” is defined as set forth in Section 522(7) of Title 47 of the United States Code.
(e) “Commission” means the Public Utilities Commission.
(f) “Franchise” means an initial authorization, or renewal of an authorization, issued by a franchising entity, regardle
of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement
or otherwise, that authorizes the construction and operation of any network in the right-of-way capable of providing
video service to subscribers.
(g) “Franchise fee” means the fee adopted pursuant to Section 5840.
(h) “Holder” or “holder of a state franchise” means a person or group of persons that has been issued a state franchi
from the commission pursuant to this division.
(i) “Incumbent cable operator” means a cable operator or OVS serving subscribers under a franchise in a particular
city, county, or city and county franchise area on January 1, 2007.
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5840.
(j) “Local entity” means any city, county, city and county, or joint powers authority within the state within whose
jurisdiction a holder of a state franchise under this division may provide cable service or video service.
(k) “Local franchising entity” means the city, county, city and county, or joint powers authority entitled to require
franchises and impose fees on cable operators, as set forth in Section 53066 of the Government Code.
(l) “Network” means a component of a facility that is wholly or partly physically located within a public right-of-way a
that is used to provide video service, cable service, voice, or data services.
(m) “Open-video system” or “OVS” means those services set forth in Section 573 of Title 47 of the United States Cod
(n) “OVS operator” means any person or group of persons that either provides cable service over an open-video
system directly, or through one or more affiliates, owns a significant interest in an open-video system, or that
otherwise controls or is responsible for, through any arrangement, the management of an open-video system.
(o) “Public rights-of-way” means the area along and upon any public road or highway, or along or across any of the
waters or lands within the state.
(p) “State franchise” means a franchise that is issued pursuant to this division.
(q) “Subscriber” means a person who lawfully receives video service from the holder of a state franchise for a fee.
(r) “Video programming” means programming provided by, or generally considered comparable to programming
provided by, a television broadcast station, as set forth in Section 522(20) of Title 47 of the United States Code.
(s) “Video service” means video programming services, cable service, or OVS service provided through facilities locat
at least in part in public rights-of-way without regard to delivery technology, including Internet protocol or other
technology. This definition does not include (1) any video programming provided by a commercial mobile service
provider defined in Section 332(d) of Title 47 of the United States Code, or (2) video programming provided as part
and via, a service that enables users to access content, information, electronic mail, or other services offered over th
public Internet.
(t) “Video service provider” means an entity providing video service.
(Amended by Stats. 2007, Ch. 123, Sec. 2. Effective January 1, 2008.)
(a) The commission is the sole franchising authority for a state franchise to provide video service under this
division. Neither the commission nor any local franchising entity or other local entity of the state may require the
holder of a state franchise to obtain a separate franchise or otherwise impose any requirement on any holder of a sta
franchise except as expressly provided in this division. Sections 53066, 53066.01, 53066.2, and 53066.3 of the
Government Code shall not apply to holders of a state franchise.
(b) The application process described in this section and the authority granted to the commission under this section
shall not exceed the provisions set forth in this section.
(c) Any person or corporation who seeks to provide video service in this state for which a franchise has not already
been issued, after January 1, 2008, shall file an application for a state franchise with the commission. The commissio
may impose a fee on the applicant that shall not exceed the actual and reasonable costs of processing the applicatio
and shall not be levied for general revenue purposes.
(d) No person or corporation shall be eligible for a state-issued franchise, including a franchise obtained from renewa
or transfer of an existing franchise, if that person or corporation is in violation of any final nonappealable order relati
to either the Cable Television and Video Provider Customer Service and Information Act (Article 3.5 (commencing wit
Section 53054) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code) or the Video Customer Service
Act (Article 4.5 (commencing with Section 53088) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
Code).
(e) The application for a state franchise shall be made on a form prescribed by the commission and shall include all o
the following:
(1) A sworn affidavit, signed under penalty of perjury by an officer or another person authorized to bind the applican
that affirms all of the following:
(A) That the applicant has filed or will timely file with the Federal Communications Commission all forms required by
the Federal Communications Commission before offering cable service or video service in this state.
(B) That the applicant or its affiliates agrees to comply with all federal and state statutes, rules, and regulations,
including, but not limited to, the following:B-3
(i) A statement that the applicant will not discriminate in the provision of video or cable services as provided in Secti
5890.
(ii) A statement that the applicant will abide by all applicable consumer protection laws and rules as provided in
Section 5900.
(iii) A statement that the applicant will remit the fee required by subdivision (a) of Section 5860 to the local entity.
(iv) A statement that the applicant will provide PEG channels and the required funding as required by Section 5870.
(C) That the applicant agrees to comply with all lawful city, county, or city and county regulations regarding the time
place, and manner of using the public rights-of-way, including, but not limited to, payment of applicable encroachme
permit, and inspection fees.
(D) That the applicant will concurrently deliver a copy of the application to any local entity where the applicant will
provide service.
(2) The applicant’s legal name and any name under which the applicant does or will do business in this state.
(3) The address and telephone number of the applicant’s principal place of business, along with contact information f
the person responsible for ongoing communications with the commission.
(4) The names and titles of the applicant’s principal officers.
(5) The legal name, address, and telephone number of the applicant’s parent company, if any.
(6) A description of the video service area footprint that is proposed to be served, as identified by a collection of Unit
States Census Bureau Block numbers (13 digit) or a geographic information system digital boundary meeting or
exceeding national map accuracy standards. This description shall include the socioeconomic status information of al
residents within the service area footprint.
(7) If the applicant is a telephone corporation or an affiliate of a telephone corporation, as defined in Section 234, a
description of the territory in which the company provides telephone service. The description shall include
socioeconomic status information of all residents within the telephone corporation’s service territory.
(8) The expected date for the deployment of video service in each of the areas identified in paragraph (6).
(9) Adequate assurance that the applicant possesses the financial, legal, and technical qualifications necessary to
construct and operate the proposed system and promptly repair any damage to the public right-of-way caused by th
applicant. To accomplish these requirements, the commission may require a bond.
(f) The commission may require that a corporation with wholly owned subsidiaries or affiliates is eligible only for a
single state-issued franchise and prohibit the holding of multiple franchises through separate subsidiaries or affiliates
The commission may establish procedures for a holder of a state-issued franchise to amend its franchise to reflect
changes in its service area.
(g) The commission shall commence accepting applications for a state franchise no later than April 1, 2007.
(h) (1) The commission shall notify an applicant for a state franchise and any affected local entities whether the
applicant’s application is complete or incomplete before the 30th calendar day after the applicant submits the
application.
(2) If the commission finds the application is complete, it shall issue a state franchise before the 14th calendar day
after that finding.
(3) If the commission finds that the application is incomplete, it shall specify with particularity the items in the
application that are incomplete and permit the applicant to amend the application to cure any deficiency. The
commission shall have 30 calendar days from the date the application is amended to determine its completeness.
(4) The failure of the commission to notify the applicant of the completeness or incompleteness of the application
before the 44th calendar day after receipt of an application shall be deemed to constitute issuance of the certificate
applied for without further action on behalf of the applicant.
(i) The state franchise issued by the commission shall contain all of the following:
(1) A grant of authority to provide video service in the service area footprint as requested in the application.
(2) A grant of authority to use the public rights-of-way, in exchange for the franchise fee adopted under subdivision
(q), in the delivery of video service, subject to the laws of this state.
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(3) A statement that the grant of authority is subject to lawful operation of the cable service or video service by the
applicant or its successor in interest.
(j) The state franchise issued by the commission may be terminated by the video service provider by submitting at
least 90 days prior written notice to subscribers, local entities, and the commission.
(k) It is unlawful to provide video service without a state or locally issued franchise.
(l) Subject to the notice requirements of this division, a state franchise may be transferred to any successor in intere
of the holder to which the certificate is originally granted, provided that the transferee first submits all of the
information required of the applicant by this section to the commission and is in compliance with Section 5970.
(m) In connection with, or as a condition of, receiving a state franchise, the commission shall require a holder to not
the commission and any applicable local entity within 14 business days of any of the following changes involving the
holder of the state franchise:
(1) Any transaction involving a change in the ownership, operation, control, or corporate organization of the holder,
including a merger, an acquisition, or a reorganization.
(2) A change in the holder’s legal name or the adoption of, or change to, an assumed business name. The holder sha
submit to the commission a certified copy of either of the following:
(A) The proposed amendment to the state franchise.
(B) The certificate of assumed business name.
(3) A change in the holder’s principal business address or in the name of the person authorized to receive notice on
behalf of the holder.
(4) Any transfer of the state franchise to a successor in interest of the holder. The holder shall identify the successor
interest to which the transfer is made.
(5) The termination of any state franchise issued under this division. The holder shall identify both of the following:
(A) The number of subscribers in the service area covered by the state franchise being terminated.
(B) The method by which the holder’s subscribers were notified of the termination.
(6) A change in one or more of the service areas of the holder of a state franchise pursuant to this division that woul
increase or decrease the territory within the service area. The holder shall describe the new boundaries of the affecte
service areas after the proposed change is made.
(n) Prior to offering video service in a local entity’s jurisdiction, the holder of a state franchise shall notify the local
entity that the video service provider will provide video service in the local entity’s jurisdiction. The notice shall be
given at least 10 days, but no more than 60 days, before the video service provider begins to offer service.
(o) Any video service provider that currently holds a franchise with a local franchising entity is entitled to seek a stat
franchise in the area designated in that franchise upon meeting any of the following conditions:
(1) The expiration, prior to any renewal or extension, of its local franchise.
(2) A mutually agreed upon date set by both the local franchising entity and video service provider to terminate the
franchise provided in writing by both parties to the commission.
(3) When a video service provider that holds a state franchise provides the notice required pursuant to subdivision (n
to a local jurisdiction that it intends to initiate providing video service in all or part of that jurisdiction, a video service
provider operating under a franchise issued by a local franchising entity may elect to obtain a state franchise to repla
its locally issued franchise. The franchise issued by the local franchising entity shall terminate and be replaced by a
state franchise when the commission issues a state franchise for the video service provider that includes the entire
service area served by the video service provider and the video service provider notifies the local entity that it will
begin providing video service in that area under a state franchise.
(p) Notwithstanding any rights to the contrary, an incumbent cable operator opting into a state franchise under this
section shall continue to serve all areas as required by its local franchise agreement existing on January 1, 2007, unt
that local franchise otherwise would have expired. However, an incumbent cable operator that is also a telephone
corporation with less than 1,000,000 telephone customers in California and is providing video service in competition
with another incumbent cable operator shall not be required to provide service beyond the area in which it is providin
video service as of January 1, 2007.
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5850.
5860.
(q) (1) There is hereby adopted a state franchise fee payable as rent or a toll for the use of the public rights-of-way
holders of the state franchise issued pursuant to this division. The amount of the state franchise fee shall be 5 perce
of gross revenues, as defined in subdivision (d) of Section 5860, or the percentage applied by the local entity to the
gross revenue of the incumbent cable operator, whichever is less. If there is no incumbent cable operator or upon th
expiration of the incumbent cable operator’s franchise, the amount of the state franchise fee shall be 5 percent of gro
revenues, as defined in subdivision (d) of Section 5860, unless the local entity adopts an ordinance setting the amou
of the franchise fee at less than 5 percent.
(2) (A) The state franchise fee shall apply equally to all video service providers in the local entity’s jurisdiction.
(B) Notwithstanding subparagraph (A), if the video service provider is leasing access to a network owned by a local
entity, the local entity may set a franchise fee for access to the network different from the franchise fee charged to a
video service provider for access to the rights-of-way to install its own network.
(Amended by Stats. 2007, Ch. 123, Sec. 3. Effective January 1, 2008.)
(a) A state-issued franchise shall only be valid for 10 years after the date of issuance, and the holder shall app
for a renewal of the state franchise for an additional 10-year period if it wishes to continue to provide video services
the area covered by the franchise after the expiration of the franchise.
(b) Except as provided in this section, the criteria and process described in Section 5840 shall apply to a renewal
registration, and the commission shall not impose any additional or different criteria.
(c) Renewal of a state franchise shall be consistent with federal law and regulations.
(d) The commission shall not renew the franchise if the video service provider is in violation of any final nonappealab
court order issued pursuant to this division.
(Amended by Stats. 2007, Ch. 123, Sec. 4. Effective January 1, 2008.)
(a) The holder of a state franchise that offers video service within the jurisdiction of the local entity shall
calculate and remit to the local entity a state franchise fee, adopted pursuant to subdivision (q) of Section 5840, as
provided in this section. The obligation to remit the franchise fee to a local entity begins immediately upon provision
video service within that local entity’s jurisdiction. However, the remittance shall not be due until the time of the first
quarterly payment required under subdivision (h) that is at least 180 days after the provision of service began. The f
remitted to a city or city and county shall be based on gross revenues, as defined in subdivision (d), derived from th
provision of video service within that jurisdiction. The fee remitted to a county shall be based on gross revenues
earned within the unincorporated area of the county. No fee under this section shall become due unless the local ent
provides documentation to the holder of the state franchise supporting the percentage paid by the incumbent cable
operator serving the area within the local entity’s jurisdiction. The fee shall be calculated as a percentage of the
holder’s gross revenues, as defined in subdivision (d). The fee remitted to the local entity pursuant to this section ma
be used by the local entity for any lawful purpose.
(b) The state franchise fee shall be a percentage of the holder’s gross revenues, as defined in subdivision (d).
(c) No local entity or any other political subdivision of this state may demand any additional fees or charges or other
remuneration of any kind from the holder of a state franchise based solely on its status as a provider of video or cab
services other than as set forth in this division and may not demand the use of any other calculation method or
definition of gross revenues. However, nothing in this section shall be construed to limit a local entity’s ability to
impose utility user taxes and other generally applicable taxes, fees, and charges under other applicable provisions of
state law that are applied in a nondiscriminatory and competitively neutral manner.
(d) For purposes of this section, the term “gross revenues” means all revenue actually received by the holder of a sta
franchise, as determined in accordance with generally accepted accounting principles, that is derived from the
operation of the holder’s network to provide cable or video service within the jurisdiction of the local entity, including
all of the following:
(1) All charges billed to subscribers for any and all cable service or video service provided by the holder of a state
franchise, including all revenue related to programming provided to the subscriber, equipment rentals, late fees, and
insufficient fund fees.
(2) Franchise fees imposed on the holder of a state franchise by this section that are passed through to, and paid by
the subscribers.
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(3) Compensation received by the holder of a state franchise that is derived from the operation of the holder’s netwo
to provide cable service or video service with respect to commissions that are paid to the holder of a state franchise
compensation for promotion or exhibition of any products or services on the holder’s network, such as a “home
shopping” or similar channel, subject to paragraph (4) of subdivision (e).
(4) A pro rata portion of all revenue derived by the holder of a state franchise or its affiliates pursuant to compensat
arrangements for advertising derived from the operation of the holder’s network to provide video service within the
jurisdiction of the local entity, subject to paragraph (1) of subdivision (e). The allocation shall be based on the numb
of subscribers in the local entity divided by the total number of subscribers in relation to the relevant regional or
national compensation arrangement.
(e) For purposes of this section, the term “gross revenue” set forth in subdivision (d) does not include any of the
following:
(1) Amounts not actually received, even if billed, such as bad debt; refunds, rebates, or discounts to subscribers or
other third parties; or revenue imputed from the provision of cable services or video services for free or at reduced
rates to any person as required or allowed by law, including, but not limited to, the provision of these services to pub
institutions, public schools, governmental agencies, or employees except that forgone revenue chosen not to be
received in exchange for trades, barters, services, or other items of value shall be included in gross revenue.
(2) Revenues received by any affiliate or any other person in exchange for supplying goods or services used by the
holder of a state franchise to provide cable services or video services. However, revenue received by an affiliate of th
holder from the affiliate’s provision of cable or video service shall be included in gross revenue as follows:
(A) To the extent that treating the revenue as revenue of the affiliate, instead of revenue of the holder, would have t
effect of evading the payment of fees that would otherwise be paid to the local entity.
(B) The revenue is not otherwise subject to fees to be paid to the local entity.
(3) Revenue derived from services classified as noncable services or nonvideo services under federal law, including,
not limited to, revenue derived from telecommunications services and information services, other than cable services
or video services, and any other revenues attributed by the holder of a state franchise to noncable services or
nonvideo services in accordance with Federal Communications Commission rules, regulations, standards, or orders.
(4) Revenue paid by subscribers to “home shopping” or similar networks directly from the sale of merchandise throu
any home shopping channel offered as part of the cable services or video services. However, commissions or other
compensation paid to the holder of a state franchise by “home shopping” or similar networks for the promotion or
exhibition of products or services shall be included in gross revenue.
(5) Revenue from the sale of cable services or video services for resale in which the reseller is required to collect a fe
similar to the franchise fee from the reseller’s subscribers.
(6) Amounts billed to, and collected from, subscribers to recover any tax, fee, or surcharge imposed by any
governmental entity on the holder of a state franchise, including, but not limited to, sales and use taxes, gross receip
taxes, excise taxes, utility users taxes, public service taxes, communication taxes, and any other fee not imposed by
this section.
(7) Revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive cable services
video services from the seller of those assets or surplus equipment.
(8) Revenue from directory or Internet advertising revenue, including, but not limited to, yellow pages, white pages,
banner advertisement, and electronic publishing.
(9) Revenue received as reimbursement by programmers of specific, identifiable marketing costs incurred by the
holder of a state franchise for the introduction of new programming.
(10) Security deposits received from subscribers, excluding security deposits applied to the outstanding balance of a
subscriber’s account and thereby taken into revenue.
(f) For the purposes of this section, in the case of a video service that may be bundled or integrated functionally with
other services, capabilities, or applications, the state franchise fee shall be applied only to the gross revenue, as
defined in subdivision (d), attributable to video service. Where the holder of a state franchise or any affiliate bundles
integrates, ties, or combines video services with nonvideo services creating a bundled package, so that subscribers p
a single fee for more than one class of service or receive a discount on video services, gross revenues shall be
determined based on an equal allocation of the package discount, that is, the total price of the individual classes of
service at advertised rates compared to the package price, among all classes of service comprising the package. The
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5870.
holder’s offering a bundled package shall not be deemed a promotional activity. If the holder of a state franchise doe
not offer any component of the bundled package separately, the holder of a state franchise shall declare a stated ret
value for each component based on reasonable comparable prices for the product or service for the purpose of
determining franchise fees based on the package discount.
(g) For the purposes of determining gross revenue under this division, a video service provider shall use the same
method of determining revenues under generally accepted accounting principals as that which the video service
provider uses in determining revenues for the purpose of reporting to national and state regulatory agencies.
(h) The state franchise fee shall be remitted to the applicable local entity quarterly, within 45 days after the end of th
quarter for that calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the
calculation of the state franchise fee. If the holder does not pay the franchise fee when due, the holder shall pay a la
payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus 1
percent. If the holder has overpaid the franchise fee, it may deduct the overpayment from its next quarterly paymen
(i) Not more than once annually, a local entity may examine the business records of a holder of a state franchise to t
extent reasonably necessary to ensure compensation in accordance with this section. The holder shall keep all busine
records reflecting any gross revenues, even if there is a change in ownership, for at least four years after those
revenues are recognized by the holder on its books and records. If the examination discloses that the holder has
underpaid franchise fees by more than 5 percent during the examination period, the holder shall pay all of the
reasonable and actual costs of the examination. If the examination discloses that the holder has not underpaid
franchise fees, the local entity shall pay all of the reasonable and actual costs of the examination. In every other
instance, each party shall bear its own costs of the examination. Any claims by a local entity that compensation is no
in accordance with subdivision (a), and any claims for refunds or other corrections to the remittance of the holder of
state franchise, shall be made within three years and 45 days of the end of the quarter for which compensation is
remitted, or three years from the date of the remittance, whichever is later. Either a local entity or the holder may, in
the event of a dispute concerning compensation under this section, bring an action in a court of competent jurisdictio
(j) The holder of a state franchise may identify and collect the amount of the state franchise fee as a separate line ite
on the regular bill of each subscriber.
(Amended by Stats. 2007, Ch. 123, Sec. 5. Effective January 1, 2008.)
(a) The holder of a state franchise shall designate a sufficient amount of capacity on its network to allow the
provision of the same number of public, educational, and governmental access (PEG) channels, as are activated and
provided by the incumbent cable operator that has simultaneously activated and provided the greatest number of PE
channels within the local entity under the terms of any franchise in effect in the local entity as of January 1, 2007. Fo
the purposes of this section, a PEG channel is deemed activated if it is being utilized for PEG programming within the
local entity’s jurisdiction for at least eight hours per day. The holder shall have three months from the date the local
entity requests the PEG channels to designate the capacity. However, the three-month period shall be tolled by any
period during which the designation or provision of PEG channel capacity is technically infeasible, including any failur
or delay of the incumbent cable operator to make adequate interconnection available, as required by this section.
(b) The PEG channels shall be for the exclusive use of the local entity or its designee to provide public, educational,
and governmental channels. The PEG channels shall be used only for noncommercial purposes. However, advertising
underwriting, or sponsorship recognition may be carried on the channels for the purpose of funding PEG-related
activities. The PEG channels shall all be carried on the basic service tier. To the extent feasible, the PEG channels sha
not be separated numerically from other channels carried on the basic service tier and the channel numbers for the
PEG channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal
law. After the initial designation of PEG channel numbers, the channel numbers shall not be changed without the
agreement of the local entity unless the change is required by federal law. Each channel shall be capable of carrying
National Television System Committee (NTSC) television signal.
(c) (1) If less than three PEG channels are activated and provided within the local entity as of January 1, 2007, a loc
entity whose jurisdiction lies within the authorized service area of the holder of a state franchise may initially reques
the holder to designate not more than a total of three PEG channels.
(2) The holder shall have three months from the date of the request to designate the capacity. However, the three-
month period shall be tolled by any period during which the designation or provision of PEG channel capacity is
technically infeasible, including any failure or delay of the incumbent cable operator to make adequate interconnectio
available, as required by this section.
B-8
(d) (1) The holder shall provide an additional PEG channel when the nonduplicated locally produced video programm
televised on a given channel exceeds 56 hours per week as measured on a quarterly basis. The additional channel sh
not be used for any purpose other than to continue programming additional government, education, or public access
television.
(2) For the purposes of this section, “locally produced video programming” means programming produced or provide
by any local resident, the local entity, or any local public or private agency that provides services to residents of the
franchise area; or any transmission of a meeting or proceeding of any local, state, or federal governmental entity.
(e) Any PEG channel provided pursuant to this section that is not utilized by the local entity for at least eight hours p
day as measured on a quarterly basis may no longer be made available to the local entity, and may be programmed
the holder’s discretion. At the time that the local entity can certify to the holder a schedule for at least eight hours of
daily programming, the holder of the state franchise shall restore the channel or channels for the use of the local
entity.
(f) The content to be provided over the PEG channel capacity provided pursuant to this section shall be the
responsibility of the local entity or its designee receiving the benefit of that capacity, and the holder of a state franch
bears only the responsibility for the transmission of that content, subject to technological restraints.
(g) (1) The local entity shall ensure that all transmissions, content, or programming to be transmitted by a holder of
state franchise are provided or submitted in a manner or form that is compatible with the holder’s network, if the loc
entity produces or maintains the PEG programming in that manner or form. If the local entity does not produce or
maintain PEG programming in that manner or form, then the local entity may submit or provide PEG programming in
manner or form that is standard in the industry. The holder shall be responsible for any changes in the form of the
transmission necessary to make it compatible with the technology or protocol utilized by the holder to deliver service
If the holder is required to change the form of the transmission, the local entity shall permit the holder to do so in a
manner that is most economical to the holder.
(2) The provision of those transmissions, content, or programming to the holder of a state franchise shall constitute
authorization for the holder to carry those transmissions, content, or programming. The holder may carry the
transmission, content, or programming outside of the local entity’s jurisdiction if the holder agrees to pay the local
entity or its designee any incremental licensing costs incurred by the local entity or its designee associated with that
transmission. A local entity shall not enter into a licensing agreement that imposes higher proportional costs for
transmission to subscribers outside the local entity’s jurisdiction.
(3) The PEG signal shall be receivable by all subscribers, whether they receive digital or analog service, or a
combination thereof, without the need for any equipment other than the equipment necessary to receive the lowest
cost tier of service. The PEG access capacity provided shall be of similar quality and functionality to that offered by
commercial channels on the lowest cost tier of service unless the signal is provided to the holder at a lower quality o
with less functionality.
(h) Where technically feasible, the holder of a state franchise and an incumbent cable operator shall negotiate in goo
faith to interconnect their networks for the purpose of providing PEG programming. Interconnection may be
accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. Holders of a state
franchise and incumbent cable operators shall provide interconnection of the PEG channels on reasonable terms and
conditions and may not withhold the interconnection. If a holder of a state franchise and an incumbent cable operato
cannot reach a mutually acceptable interconnection agreement, the local entity may require the incumbent cable
operator to allow the holder to interconnect its network with the incumbent’s network at a technically feasible point o
the holder’s network as identified by the holder. If no technically feasible point for interconnection is available, the
holder of a state franchise 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 holder requesting t
interconnection unless otherwise agreed to by the parties.
(i) A holder of a state franchise shall not be required to interconnect for, or otherwise to transmit, PEG content that i
branded with the logo, name, or other identifying marks of another cable operator or video service provider. For
purposes of this section, PEG content is not branded if it includes only production credits or other similar information
displayed at the conclusion of a program. The local entity may require a cable operator or video service provider to
remove its logo, name, or other identifying marks from PEG content that is to be made available through
interconnection to another provider of PEG capacity.
(j) In addition to any provision for the PEG channels required under subdivisions (a) to (i), inclusive, the holder shall
reserve, designate, and, upon request, activate a channel for carriage of state public affairs programming administer
B-9
5880.
5885.
by the state.
(k) All obligations to provide and support PEG channel facilities and institutional networks and to provide cable servic
to community buildings contained in a locally issued franchise existing on December 31, 2006, shall continue until th
local franchise expires, until the term of the franchise would have expired if it had not been terminated pursuant to
subdivision (o) of Section 5840, or until January 1, 2009, whichever is later.
(l) After January 1, 2007, and until the expiration of the incumbent cable operator’s franchise, if the incumbent cable
operator has existing unsatisfied obligations under the franchise to remit to the local entity any cash payments for th
ongoing costs of public, educational, and government access channel facilities or institutional networks, the local ent
shall divide those cash payments among all cable or video providers as provided in this section. The fee shall be the
holder’s pro rata per subscriber share of the cash payment required to be paid by the incumbent cable operator to th
local entity for the costs of PEG channel facilities. All video service providers and the incumbent cable operator shall
subject to the same requirements for recurring payments for the support of PEG channel facilities and institutional
networks, whether expressed as a percentage of gross revenue or as an amount per subscriber, per month, or
otherwise.
(m) In determining the fee described in subdivision (l) on a pro rata per subscriber basis, all cable and video service
providers shall report, for the period in question, to the local entity the total number of subscribers served within the
local entity’s jurisdiction, which shall be treated as confidential by the local entity and shall be used only to derive th
per subscriber fee required by this section. The local entity shall then determine the payment due from each provide
based on a per subscriber basis for the period by multiplying the unsatisfied cash payments for the ongoing capital
costs of PEG channel facilities by a ratio of the reported subscribers of each provider to the total subscribers within th
local entity as of the end of the period. The local entity shall notify the respective providers, in writing, of the resultin
pro rata amount. After the notice, any fees required by this section shall be remitted to the applicable local entity
quarterly, within 45 days after the end of the quarter for the preceding calendar quarter, and may only be used by th
local entity as authorized under federal law.
(n) A local entity may, by ordinance, establish a fee to support PEG channel facilities consistent with federal law that
would become effective subsequent to the expiration of any fee imposed pursuant to subdivision (l). If no such fee
exists, the local entity may establish the fee at any time. The fee shall not exceed 1 percent of the holder’s gross
revenues, as defined in Section 5860. Notwithstanding this limitation, if, on December 31, 2006, a local entity is
imposing a separate fee to support PEG channel facilities that is in excess of 1 percent, that entity may, by ordinance
establish a fee no greater than that separate fee, and in no event greater than 3 percent, to support PEG activities. T
ordinance shall expire, and may be reauthorized, upon the expiration of the state franchise.
(o) The holder of a state franchise may recover the amount of any fee remitted to a local entity under this section by
billing a recovery fee as a separate line item on the regular bill of each subscriber.
(p) A court of competent jurisdiction shall have exclusive jurisdiction to enforce any requirement under this section o
resolve any dispute regarding the requirements set forth in this section, and no provider may be barred from the
provision of service or be required to terminate service as a result of that dispute or enforcement action.
(Amended by Stats. 2007, Ch. 123, Sec. 6. Effective January 1, 2008.)
Holders of state franchises shall 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. Any
provision in a locally issued franchise authorizing local entities to provide local emergency notifications shall remain i
effect, and shall apply to all holders of a state-issued franchise in the same local area, for the duration of the locally
issued franchise, until the term of the franchise would have expired were the franchise not terminated pursuant to
subdivision (o) of Section 5840, or until January 1, 2009, whichever is later.
(Amended by Stats. 2007, Ch. 123, Sec. 7. Effective January 1, 2008.)
(a) The local entity shall allow the holder of a state franchise under this division to install, construct, and
maintain a network within public rights-of-way under the same time, place, and manner as the provisions governing
telephone corporations under applicable state and federal law, including, but not limited to, the provisions of Section
7901.1.
(b) Nothing in this division shall be construed to change existing law regarding the permitting process or compliance
with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources
Code) for projects by a holder of a state franchise.B-10
5890.
(c) (1) For purposes of this section, an “encroachment permit” means any permit issued by a local entity relating to
construction or operation of facilities pursuant to this division.
(2) A local entity shall either approve or deny an application from a holder of a state franchise for an encroachment
permit within 60 days of receiving a completed application. An application for an encroachment permit is complete
when the applicant has complied with all statutory requirements, including the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources Code).
(3) If the local entity denies an application for an encroachment permit, it shall, at the time of notifying the applicant
of the denial, furnish to the applicant a detailed explanation of the reason for the denial.
(4) The local entity shall adopt regulations prescribing procedures for an applicant to appeal the denial of an
encroachment permit application issued by a department of the local entity to the governing body of the local entity.
(5) Nothing in this section precludes an applicant and a local entity from mutually agreeing to an extension of any tim
limit provided by this section.
(d) A local entity may not enforce against the holder of a state franchise any rule, regulation, or ordinance that
purports to allow the local entity to purchase or force the sale of a network.
(Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
(a) A cable operator or video service provider that has been granted a state franchise under this division may
not discriminate against or deny access to service to any group of potential residential subscribers because of the
income of the residents in the local area in which the group resides.
(b) Holders or their affiliates with more than 1,000,000 telephone customers in California satisfy subdivision (a) if al
the following conditions are met:
(1) Within three years after it begins providing video service under this division, at least 25 percent of households w
access to the holder’s video service are low-income households.
(2) Within five years after it begins providing video service under this division and continuing thereafter, at least 30
percent of the households with access to the holder’s video service are low-income households.
(3) Holders provide service to community centers in underserved areas, as determined by the holder, without charge
at a ratio of one community center for every 10,000 video subscribers. The holder shall not be required to take its
facilities beyond the appropriate demarcation point outside the community center building or perform any inside wiri
The community center may not receive service from more than one state franchise holder at a time under this sectio
For purposes of this section, “community center” means any facility operated by an organization that has qualified fo
the California Teleconnect Fund, as established in Section 280 and that will make the holder’s service available to the
community.
(c) Holders or their affiliates with fewer than 1,000,000 telephone customers in California satisfy this section if they
offer video service to all customers within their telephone service area within a reasonable time, as determined by th
commission. However, the commission shall not require the holder to offer video service if the cost to provide video
service is substantially above the average cost of providing video service in that telephone service area.
(d) When a holder provides video service outside of its telephone service area, is not a telephone corporation, or offe
video service in an area where no other video service is being offered, other than direct-to-home satellite service,
there is a rebuttable presumption that discrimination in providing service has not occurred within those areas. The
commission may review the holder’s proposed video service area to ensure that the area is not drawn in a
discriminatory manner.
(e) For holders or their affiliates with more than 1,000,000 telephone customers in California, either of the following
shall apply:
(1) If the holder is predominantly deploying fiber optic facilities to the customer’s premise, the holder shall provide
access to its video service to a number of households at least equal to 25 percent of the customer households in the
holder’s telephone service area within two years after it begins providing video service under this division, and to a
number at least equal to 40 percent of those households within five years.
(2) If the holder is not predominantly deploying fiber optic facilities to the customer’s premises, the holder shall
provide access to its video service to a number of households at least equal to 35 percent of the households in the
holder’s telephone service area within three years after it begins providing video service under this division, and to a
number at least equal to 50 percent of these households within five years.B-11
(3) A holder shall not be required to meet the 40-percent requirement in paragraph (1) or the 50-percent requireme
in paragraph (2) until two years after at least 30 percent of the households with access to the holder’s video service
subscribe to it for six consecutive months.
(4) If 30 percent of the households with access to the holder’s video service have not subscribed to the holder’s vide
service for six consecutive months within three years after it begins providing video service, the holder may submit
validating documentation to the commission. If the commission finds that the documentation validates the holder’s
claim, then the commission shall permit a delay in meeting the 40-percent requirement in paragraph (1) or the 50-
percent requirement in paragraph (2) until the time that the holder does provide service to 30 percent of the
households for six consecutive months.
(f) (1) After two years of providing service under this division, the holder may apply to the state franchising authorit
for an extension to meet the requirements of subdivision (b), (c), or (e). Notice of this application shall also be
provided to the telephone customers of the holder, the Secretary of the Senate, and the Chief Clerk of the Assembly.
(2) Upon application, the franchising authority shall hold public hearings in the telephone service area of the applican
(3) In reviewing the failure to satisfy the obligations contained in subdivision (b), (c), or (e), the franchising authorit
shall consider factors that are beyond the control of the holder, including, but not limited to, the following:
(A) The ability of the holder to obtain access to rights-of-way under reasonable terms and conditions.
(B) The degree to which developments or buildings are not subject to competition because of existing exclusive
arrangements.
(C) The degree to which developments or buildings are inaccessible using reasonable technical solutions under
commercially reasonable terms and conditions.
(D) Natural disasters.
(4) The franchising authority may grant the extension only if the holder has made substantial and continuous effort t
meet the requirements of subdivision (b), (c), or (e). If an extension is granted the franchising authority shall establ
a new compliance deadline.
(g) Local governments may bring complaints to the state franchising authority that a holder is not offering video
service as required by this section, or the state franchising authority may open an investigation on its own motion. T
state franchising authority shall hold public hearings before issuing a decision. The commission may suspend or revo
the franchise if the holder fails to comply with the provisions of this division.
(h) If the state franchising authority finds that the holder is in violation of this section, it may, in addition to any othe
remedies provided by law, impose a fine not to exceed 1 percent of the holder’s total monthly gross revenue receive
from provision of video service in the state each month from the date of the decision until the date that compliance i
achieved.
(i) If a court finds that the holder of the state franchise is in violation of this section, the court may immediately
terminate the holder’s state franchise, and the court shall, in addition to any other remedies provided by law, impose
fine not to exceed 1 percent of the holder’s total gross revenue of its entire cable and service footprint in the state in
the full calendar month immediately prior to the decision.
(j) As used in this section, the following definitions shall apply:
(1) “Access” means that the holder is capable of providing video service at the household address using any
technology, other than direct-to-home satellite service, providing two-way broadband Internet capability and video
programming, content, and functionality, regardless of whether any customer has ordered service or whether the
owner or landlord or other responsible person has granted access to the household. If more than one technology is
utilized, the technologies shall provide similar two-way broadband Internet accessibility and similar video
programming.
(2) “Customer’s household” means those residential households located within the holder’s existing telephone service
area that are customers of the service by which that telephone service area is defined.
(3) “Household” means, consistent with the United States Census Bureau, a house, an apartment, a mobilehome, a
group of rooms, or a single room that is intended for occupancy as separate living quarters. Separate living quarters
are those in which the occupants live and eat separately from any other persons in the building and which have direc
access from the outside of the building or through a common hall.
B-12
5900.
(4) “Low-income household” means those residential households located within the holder’s existing telephone servic
area where the average annual household income is less than thirty-five thousand dollars ($35,000) based on the
United States Census Bureau estimates adjusted annually to reflect rates of change and distribution through January
2007.
(k) Nothing in this section shall be construed to require a holder to provide video service outside its wireline footprin
or to match the existing service area of any cable operator.
(Amended by Stats. 2007, Ch. 123, Sec. 8. Effective January 1, 2008.)
(a) The holder of a state franchise shall comply with the provisions of Sections 53055, 53055.1, 53055.2, and
53088.2 of the Government Code, and any other customer service standards pertaining to the provision of video
service established by federal law or regulation or adopted by subsequent enactment of the Legislature. All customer
service and consumer protection standards under this section shall be interpreted and applied to accommodate newe
or different technologies while meeting or exceeding the goals of the standards.
(b) The holder of a state franchise shall comply with provisions of Section 637.5 of the Penal Code and the privacy
standards contained in Section 551 and following of Title 47 of the United States Code.
(c) The local entity shall enforce all of the customer service and protection standards of this section with respect to
complaints received from residents within the local entity’s jurisdiction, but it may not adopt or seek to enforce any
additional or different customer service or other performance standards under Section 53055.3 or subdivision (q), (r
or (s) of Section 53088.2 of the Government Code, or any other authority or provision of law.
(d) The local entity shall, by ordinance or resolution, provide a schedule of penalties for any material breach by a
holder of a state franchise of this section. No monetary penalties shall be assessed for a material breach if it is out o
the reasonable control of the holder. Further, no monetary penalties may be imposed prior to January 1, 2007. Any
schedule of monetary penalties adopted pursuant to this section shall in no event exceed five hundred dollars ($500)
for each day of each material breach, not to exceed one thousand five hundred dollars ($1,500) for each occurrence
a material breach. However, if a material breach of this section has occurred, and the local entity has provided notice
and a fine or penalty has been assessed, and if a subsequent material breach of the same nature occurs within 12
months, the penalties may be increased by the local entity to a maximum of one thousand dollars ($1,000) for each
day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material brea
If a third or further material breach of the same nature occurs within those same 12 months, and the local entity has
provided notice and a fine or penalty has been assessed, the penalties may be increased to a maximum of two
thousand five hundred dollars ($2,500) for each day of each material breach, not to exceed seven thousand five
hundred dollars ($7,500) for each occurrence of the material breach. With respect to video providers subject to a
franchise or license, any monetary penalties assessed under this section shall be reduced dollar-for-dollar to the exte
any liquidated damage or penalty provision of a current cable television ordinance, franchise contract, or license
agreement imposes a monetary obligation upon a video provider for the same customer service failures, and no othe
monetary damages may be assessed.
(e) The local entity shall give the video service provider written notice of any alleged material breach of the custome
service standards of this division and allow the video provider at least 30 days from receipt of the notice to remedy t
specified material breach.
(f) A material breach for the purposes of assessing penalties shall be deemed to have occurred for each day within th
jurisdiction of each local entity, following the expiration of the period specified in subdivision (e), that any material
breach has not been remedied by the video service provider, irrespective of the number of customers or subscribers
affected.
(g) Any penalty assessed pursuant to this section shall be remitted to the local entity, which shall submit one-half of
the penalty to the Digital Divide Account established in Section 280.5.
(h) Any interested person may seek judicial review of a decision of the local entity in a court of appropriate jurisdictio
For this purpose, a court of law shall conduct a de novo review of any issues presented.
(i) This section shall not preclude a party affected by this section from utilizing any judicial remedy available to that
party without regard to this section. Actions taken by a local legislative body, including a local franchising entity,
pursuant to this section shall not be binding upon a court of law. For this purpose, a court of law shall conduct de nov
review of any issues presented.
B-13
5910.
5920.
5930.
(j) For purposes of this section, “material breach” means any substantial and repeated failure of a video service
provider to comply with service quality and other standards specified in subdivision (a).
(k) The Public Advocate’s Office of the Public Utilities Commission shall have authority to advocate on behalf of video
subscribers regarding renewal of a state-issued franchise and enforcement of this section, and Sections 5890 and
5950. For this purpose, the office shall have access to any information in the possession of the commission subject t
all restrictions on disclosure of that information that are applicable to the commission.
(Amended by Stats. 2018, Ch. 51, Sec. 48. (SB 854) Effective June 27, 2018.)
(a) The holder of a state franchise shall perform background checks of applicants for employment, according t
current business practices.
(b) A background check equivalent to that performed by the holder shall also be conducted on all of the following:
(1) Persons hired by a holder under a personal service contract.
(2) Independent contractors and their employees.
(3) Vendors and their employees.
(c) Independent contractors and vendors shall certify that they have obtained the background checks required
pursuant to subdivision (b), and shall make the background checks available to the holder upon request.
(d) Except as otherwise provided by contract, the holder of a state franchise shall not be responsible for administerin
the background checks and shall not assume the costs of the background checks of individuals who are not applicant
for employment of the holder.
(e) (1) Subdivision (a) only applies to applicants for employment for positions that would allow the applicant to have
direct contact with or access to the holder’s network, central office, or subscriber premises, and perform activities th
involve the installation, service, or repair of the holder’s network or equipment.
(2) Subdivision (b) only applies to persons that have direct contact with or access to the holder’s network, central
office, or subscriber premises, and perform activities that involve the installation, service, or repair of the holder’s
network or equipment.
(f) This section does not apply to temporary workers performing emergency functions to restore the network of a
holder to its normal state in the event of a natural disaster or an emergency that threatens or results in the loss of
service.
(Amended by Stats. 2007, Ch. 123, Sec. 10. Effective January 1, 2008.)
A holder of a state franchise employing more than 750 total employees in California shall annually report to th
commission all of the following:
(a) The number of California residents employed by the holder, calculated on a full-time or full-time equivalent basis
(b) The percentage of the holder’s total domestic workforce, calculated on a full-time or full-time equivalent basis.
(c) The types and numbers of jobs by occupational classification held by residents of California employed by holders
state franchises and the average pay and benefits of those jobs and, separately, the number of out-of-state residents
employed by independent contractors, companies, and consultants hired by the holder, calculated on a full-time or fu
time equivalent basis, when the holder is not contractually prohibited from disclosing the information to the public. T
paragraph applies only to those employees of an independent contractor, company, or consultant that are personally
providing services to the holder, and does not apply to employees of an independent contractor, company, or
consultant not personally performing services for the holder.
(d) The number of net new positions proposed to be created directly by the holder of a state franchise during the
upcoming year by occupational classifications and by category of full-time, part-time, temporary, and contract
employees.
(Amended by Stats. 2015, Ch. 612, Sec. 64. (SB 697) Effective January 1, 2016.)
(a) Notwithstanding any other provision of this division, any video service provider that currently holds a
franchise with a local franchising entity in a county that is a party, either alone or in conjunction with any other local
franchising entity located in that county, to a stipulation and consent judgment executed by the parties thereto and
approved by a federal district court shall neither be entitled to seek a state franchise in any area of that county,
B-14
5940.
5950.
5960.
including any unincorporated area and any incorporated city of that county, nor abrogate any existing franchise befo
July 1, 2014. Prior to July 1, 2014, the video service provider shall continue to be exclusively governed by any existi
franchise with a local franchising entity for the term of that franchise and any and all issues relating to renewal,
transfer, or otherwise in relation to that franchise shall be resolved pursuant to that existing franchise and otherwise
applicable federal and local law. This subdivision shall not be deemed to extend any existing franchise beyond its ter
(b) When an incumbent cable operator is providing service under an expired franchise or a franchise that expires
before January 2, 2008, the local entity may extend that franchise on the same terms and conditions through Januar
2, 2008. A state franchise issued to any incumbent cable operator shall not become operative prior to January 2, 200
(c) When a video service provider that holds a state franchise provides the notice required pursuant to subdivision (n
of Section 5840 to a local entity, the local franchising entity may require all incumbent cable operators to seek a stat
franchise and shall terminate the franchise issued by the local franchising entity when the commission issues a state
franchise for the video service provider that includes the entire service area served by the video service provider and
the video service provider notifies the local entity that it will begin providing video service in that area under a state
franchise.
(Amended by Stats. 2007, Ch. 123, Sec. 11. Effective January 1, 2008.)
The holder of a state franchise under this division who also provides stand-alone, residential, primary line, bas
telephone service shall not increase this rate to finance the cost of deploying a network to provide video service.
(Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
The commission shall not permit a telephone corporation that is providing video service directly or through its
affiliates pursuant to a state-issued franchise as an incumbent local exchange carrier to increase rates for residential
primary line, basic telephone service above the rate as of July 1, 2006, until January 1, 2009, unless that telephone
corporation is regulated under rate of return regulation. However, the commission may allow rate increases to reflect
increases in inflation as shown in the Consumer Price Index published by the Bureau of Labor Statistics. This section
does not affect the authority of the commission to authorize an increase in rates for basic telephone service that is
bundled with other services and priced as a bundle. Nothing in this section is intended to prohibit implementation of
commission decision D. 06-04-071 to the extent it has not been implemented prior to July 1, 2006.
(Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
(a) For purposes of this section, “census tract” has the same meaning as used by the United States Census
Bureau, and “household” has the same meaning as specified in Section 5890.
(b) Every holder, no later than April 1, 2008, and annually no later than April 1 thereafter, shall report to the
commission on a census tract basis the following information:
(1) Broadband information:
(A) The number of households to which the holder makes broadband available in this state. If the holder does not
maintain this information on a census tract basis in its normal course of business, the holder may reasonably
approximate the number of households based on information it keeps in the normal course of business.
(B) The number of households that subscribe to broadband that the holder makes available in this state.
(C) Whether the broadband provided by the holder utilizes wireline-based facilities or another technology.
(2) Video information:
(A) If the holder is a telephone corporation:
(i) The number of households in the holder’s telephone service area.
(ii) The number of households in the holder’s telephone service area that are offered video service by the holder.
(B) If the holder is not a telephone corporation:
(i) The number of households in the holder’s video service area.
(ii) The number of households in the holder’s video service area that are offered video service by the holder.
(3) Low-income household information:
(A) The number of low-income households in the holder’s video service area.
B-15
5970.
(B) The number of low-income households in the holder’s video service area that are offered video service by the
holder.
(c) All information submitted to the commission pursuant to this section shall be disclosed to the public only as
provided for pursuant to Section 583.
(Amended by Stats. 2015, Ch. 612, Sec. 65. (SB 697) Effective January 1, 2016.)
Subject to the requirements of this division, a state franchise may be transferred to any successor in interest o
the holder to which the certificate originally is granted, whether this transfer is by merger, sale, assignment,
bankruptcy, restructuring, or any other type of transaction, provided that the following conditions are met:
(a) The transferee submits to the commission all of the information required by this division of an applicant.
(b) The transferee agrees that any collective bargaining agreement entered into by a video service provider shall
continue to be honored, paid, or performed to the same extent as would be required if the video service provider
continued to operate under its franchise for the duration of that franchise unless the duration of that agreement is
limited by its terms or by federal or state law.
(Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
B-16
1
California Public Utilities Commission
January 2016
Frequently Asked Questions
________________________________________________________________________
Digital Infrastructure and
Video Competition Act of 2006
Q: What has changed in video franchising?
A: The Legislature passed, and Governor Schwarzenegger signed, Assembly Bill 2987
(Nunez), which established a new state video franchise process. The Digital
Infrastructure and Video Competition Act of 2006 (DIVCA) creates a new state franchise
process that replaces the current local franchise process to speed new infrastructure
investment and to promote competition for broadband and video services in California.
Q: What is the California Public Utilities Commission’s (PUC) role in video
franchising?
A: DIVCA directs the California Public Utilities Commission (PUC) to issue state video
franchises for the provision of video. The PUC has a limited role set forth by DIVCA that
involves approving applications; enforcing antidiscrimination and build-out rules;
preventing the use of stand-alone, residential, primary line, basic phone service revenues
from being used to pay for deployment of video infrastructure; and handling complaints
brought forth by local governments regarding discrimination or build-out.
Q: What aspects of video franchising does the PUC not regulate?
A: Local entities, not the PUC, have sole authority to regulate the public, education, and
government (PEG) channel requirements; Emergency Alert System requirements
imposed by the Federal Communications Commission; and federal and state customer
service and protection standards. A local entity will be the lead agency for any
environmental review with respect to network construction, installation, and maintenance
in local rights-of-way. The PUC expects to work in partnership with the local entities to
ensure that issues of concern are promptly dealt with.
C-1
.;-California Public Utilities Commission
2
Q: What is the main benefit of a state video franchise program?
A: This state video program facilitates market entry of those companies that are most
eager to compete against existing cable and satellite video companies. Under current law,
absent a state video franchise program, a company that wants to provide video service
must obtain local cable franchises from each local city or town. This new law means that
new video competitors may greatly speed up their deployment of state-of-the-art
infrastructure that will deliver video and broadband services to Californians.
Q: What are the consumer benefits of the new video franchise order?
A: The California video franchise law will bring new competitors to cable and satellite
video providers. This new competition is expected to drive down prices for video services
(e.g., rates for cable and satellite video services from providers like DISH Network and
DirecTV). Once this new advanced infrastructure is in place, it also may be used to
provide very fast Internet service to consumers, in addition to new services like on-
demand television, movies, music, and more.
Q: What is the PUC doing to protect consumers, especially low-income and rural
Californians?
A: The PUC intends to vigorously enforce the antidiscrimination rules and build-out
requirements of the DIVCA to ensure that the “Digital Divide” is narrowed in California.
An enforcement process is set forth in the video franchise decision that makes it clear that
the PUC intends to enforce these provisions, using sanctions ranging from monetary
fines, suspension, and revocation of the video franchise license.
Q: Who will consumers call if they have a problem with their cable or video
service bill?
A: Consumers will continue to contact their local franchise authority – usually a city or
county – about their cable or video service bills. The PUC does not have authority to
enforce customer service issues related to cable; that authority remains with local
government pursuant to state and federal law.
Q: Who is responsible for rate increases and changes in promotional packages?
A: Rates for video programming are deregulated, and the CPUC has no jurisdiction in
pricing issues.
Q: Who has authority to enforce video customer service rules?
A: Cities and counties have the sole jurisdiction to enforce video customer service rules.
Disputes between local entities and franchise holders can be settled in court.
For more information on the CPUC, please visit www.cpuc.ca.gov.
C-2
.;-California Public Utilities Commission
D-1
STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
December 30, 2016
Esther Northrup
Senior Director, State Regulatory Affairs
Cox Communications
5887 Copley Drive, Suite 300
San Diego, CA 921 I I
Dear Ms. Northrup:
Edmund G . Brown Jr., Governor
The Commission has determined that the application for the renewal of a state video franchise
submitted by Cox Communications on December 6, 2016 is complete, and accordingly issues the
enclosed state franchise certificate.
Should you have any questions, please contact Glenn Semow at 415.703.4153.
Sincerely,
imothy J. Sullivan
Executive Director
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D-2
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ST A TE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue San Francisco, CA 94102
www .cpuc.ca.gov
CALIFORNIA VIDEO FRANCHISE CERTIFICATE'
FRANCHISE NUMBER: 0003
1) Franchise Holder:
Name: Cox Communications California, LLC dba Cox Communications
2)
Address: 5887 Copley Drive, Suite 300
San Diego, California 921 11
Application Date: December 6, 2016
3) Franchise Effective Date: April 27, 2017
4) Franchise Expiration Date: April 27, 2027
5) Affected Local Entities2 Attached
Issued at San Francisco this 30th Day of December, 2016.
<j;;;Ti=sJ/lllivfo-D S
Executive Director
1 This Certificate constitutes a grant of authority to provide video service in the service
area footprint requested in the Application referenced herein, including but not limited to
authority to use the public rights-of-way in exchange for the franchise fee adopted in CAL. Pus.
UTJL. CODE§. 5840(q), subject to the laws of this state. This grant of authority is subject to
lawful operation of the cable service or video service by the applicant or its successor in interest.
2 The state video franchise granted herein may include all or part of the affected local entities '
territory. For more information on the video service area covered by this franchise , contact the
California Public Utilities Commission.
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STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue San Francis co, C A 94102
www.cpuc.ca.gov
CALIFORNIA VIDEO FRANCHISE CERTIFICATE
FRANCHISE NUMBER: 0003
Affected Loca l Entities for Franchise No. 0003, issued to Cox Communications
California, LLC, dba Cox Communications on December 30, 2016:
Aliso Viejo , City of
Carlsbad, City of
Chula Vista, City of
Coronado , City of
Dana Point, City of
El Cajon, City of
Encinitas, City of
Escondido , City of
Goleta, City of
Imperial Beach, City of
Irvine, City of
La Mesa, City of
Laguna Beach, City of
Laguna Hills, City of
Laguna Niguel, City of
Laguna Woods, City of
Lake Forest, City of
Lemon Grove, City of
Los Angeles/San Pedro, City of
Los Angeles, County of
Mission Viejo, City of
National City, City of
Newport Beach, City of
Oceanside, City of
Orange, City of
Orange, County of
Palos Verdes Estates, City of
D-4
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STATE OF CALIFORNIA
PUBLIC UT ILI T IES COMMISSION
505 Van Ness Avenue San Francisco, CA 94102
www.cpuc.ca.gov
CALIFORNIA VIDEO FRANCHISE CERTIFICATE
FRANCHISE NUMBER: 0003
Affected Local Entities for Franchise No. 0003, is s ued to Cox Communications
California, LLC, dba Cox Communications on December 30, 2016, continued:
Poway, City of
Rancho Palos Verdes, City or
Rancho Santa Margarita, City of
Ro llin g Hills, C ity of
Rolling Hills Estates, City of
San C lemente, C ity of
San Diego, Ci ty of
San Diego, County of
San Juan Capistrano , City of
San Marcos, City of
Santa Barbara, City of
Santa Barbara, County of
Santee, City of
Solana Beach, City of
Tustin , C ity of
V ista, City or
Cox’s Response to High
Node Utilization in Rancho
Palos Verdes
During COVID-19
City Council Briefing
October 6, 2020
E-1
C X
Introduction
Dave Simpson
Manager, Government Affairs
Dave.Simpson2@cox.com
E-2
c o x
Agenda
•How Internet usage has changed during COVID-19
•Understanding the network
•Customer communication
•COVID-19 customer relief offerings
•Customer care options
E-3
c o x
Internet usage has changed
during COVID-19
E-4
Overall
Downstream
growth of
25%
E-5
National Downstream Peak Growth
Obse rved Inc rease in Peak Co nsumer Usage
Overall Change in Pre-COVID Internet Usage Since Early March Compared to the Weekly Usage Change
■ Growth Sinc e 3/1 ■ Week ly growth
40%
10~
0% --
-10~
03/01 03,128 04/11 04/25 05/09 05/23 06/06 06/20 07/04 07118 08/08 08/22
Source: Data from NCTA member companies • Data is updated on a bi-weekly basis
Upstream
surge of
35%
growth
2 years of
usage
growth in
less than 6
weeks
E-6
National Upstream Peak Growth
Obse rved In crease in Peak Consume r Usage
Overall Change in Pre-COVID Internet Usage Since Early March Compared to the Weekly Usage Change
■ Growth since 3/1 ■ Week ly Growth
40"1.
20"1.
-
-10\
03/01 03/28 04/11 04/25 05/09 05/23 06/06 06/20
Source: Data from NCTA member companies • Data 1s updated on a bi-weekly basis
07/04
usage
growth in
less than 6
weeks
07/18 08/08 08/22
How people are using the Internet during COVID-19
Source: Sandvine
Source: Sandvine
E-7
Current Internet Traffic
□ ......
Popu lar Shows During Pandem ic
NETFLIX
Twitter . • global
is the • application
on mobi le networks
during the worldwide
stay-at-home orders
YouTube is over 15%
of all global traffic
during the worldwide
stay-at-home o rders
11 0¼ OF GLOBAL
O TRAFFIC IS WORDPRESS '-' NETFLIX
during the worldwide
stay-at-home orders
'9 " o f all traffic '-" "
in EMEA " '9
d uring C OVID-19 '9 WhatsApp '-!
□0 l~1s?a~~ □"
du ri ng stay-at-home
the early darling of stay-at-home
Source: Sandvine
E-8
zoom
Zoom traffic over the early phases of the COVID-19 pandemic
...________,>
E
ct!
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C:
3:
0
C
7 Feb 17 Feb 27 Feb 8 Mar 18 Mar
Individual System Time (2020)
28 Mar 7 Apr 17 Apr
Understanding the
Network
E-9
data and speed plans
940Mbps
35 Mbps
300 Mbps
30 Mbps
150 Mbps
10 Mbps
50 Mbps
3 Mbps
E-10
C X
Gigablast
Use all you r devices at t he sa m e
t i me wh il e stream i ng multiple 4K
v ideos.
Internet Ultimate
500
Connect mult ip le devices at once
and play games o nl ine.
Internet Preferred
150
a"' 50
p<
rd o;td
Stream mus ic , ban k on line , v iew
photos on soc i al med ia and go
shopping online.
Internet Essential
so
Uoto l so
t-bo,
dc,.,,l nla.ad
Su rf the web and chec k e m a il.
Network Investment
DOCSIS 3.1
99%+ of all homes passed
have access to 1 Gig speeds Enables512 homes
passed
64 homes
passed
Legacy
Architecture
New Architecture
~400 Ft.
~1500 Ft.
DOCSIS 3.0
DOCSIS 3.1
Fiber
Optical Node Coax
Coax
Fiber
Remote PHY
Node EnablesFull Duplex
10 Gig
Full Duplex
DOCSIS 3.1
DOCSIS 3.1 Fiber Deeper
Bringing fiber closer to homes to increase capacity and improve network reliability
27 completed node actions since 2019. 47 planned node actions through 2021 in the Peninsula. 10
completed node actions in Rancho Palos Verdes with 12 more planned through next year.
Enabling 10G to all homes in the next ~ 5 years
WE
ARE
HERE
E-11
1t
SYMMETRICAi.
SPEEDS •
-'it Gigablast
1t I Al,IP I
-'It
Customer Communication
E-12
All done
email *
Email –
2 weeks prior
to cutover *
Door hanger
placed 48
hours prior to
cutover *
Cutover Landing Page
Self-Mailer –
Deploys 2 weeks prior to
cutover *
BRIEF PLANNED
SERVICE OUTAGE
OCCURSMy Account bell
notification
Sandwich
Boards
Email –
2 days prior
to cutover
Customer communication – network upgrades
E-13
Bigserviceupdate.Smallscheduled _,.
0 -
Howtostayconne-cteddvringanovtage
l
We'llbe
updating our
network soon
-
-~ -·~,-, ~ ,,-~
See you in about
two weeks
Iii
WE 'RE
UPDATING
OUR
NETWORK
Learn more at co,i:.comh txu
cox
PREP FOR
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V
·~ A PLANNED
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CO X
Customer communication – direct
Contour (in-platform) WiFi help
videosDirect customer emails
(sent April, July, August; updates coming Sept-Dec)Customer notifications
E-14
c o x
Make sure your wifi
is up lo speed
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Important Notification
We're on it
Unlortunate,V,ttlerehavebeensomeiSsueswittl
ttlelntemetin youra,ea We'vebeenwor1dngto
makeimprovemenlsand wllcontinuedolnoso
Tllankyou!Ofyourpatienc8-f&slilSsured,giv'i'lg
youabettet"experiencels#tonourliSt.
Learn how to get the most out of your wifi
Gel helpful lips on hoW lo maximize will speed and per1ormance
aaoss your home.
co x
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Customer communication – indirect
Flyers at Cox Solutions
Store
Commercial on all cross-channels
Articles on Cox.com website
E-15
Why is my w ifi so slow
and how wou ld I fix it?
Fromdistantrouterstowirelessinterlerences,discover
what might be slowing down your wifi and how to help fix
~g~~·
How to extend wifi range
Near, far, wherever you are, make sure your wifi
connection isin range.
&tid..tbl:.g~-.. '
Do I have too many
devices on my w ifi?
With wifi, the limit does exist. Find out if you have too
manydevicesonyovrnetwork.
B.ead..!tM:..guide: Devices on wifi •
Q_uick Tips to Improve Your
Home Internet Experience
-·-·--·--.. ----· -----~----~.-.. ___ _
---------·---___ .. _ .. __ .. -------------------
----·----------_.., _____ .. _ ---------______ _. ..... ·----
-------·---
c o x
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~;fASTERLIST
u .mm J.e
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J!f ' ------~-
........ -~---
Customer communication - media
Social Media Outreach Paid Advertorials in
Local Publications
PSA with Palos Verdes Peninsula
Education Foundation
E-16
0 CoxC.llfoml•O OCoxCahfomia Jul21 v
Modems and Bluetooth devices don't mix. Get more tips 10 maxim1u• your
1n·ho~W1F1 exper1tt1ee today! IHechTips f'TechTipTuesday #CollW1F1
"-,.,..,._ ,,...,.1,o, llwet-~•-n,. ..
tt-e-"-YC2•GH1J....iafl"'....i-w,t1
that••"""" of•t•N--~•and--•-
Keep your modem away from Bluetooth devices
6'cox.com
0 CoxCaliforni11 0 @CoxCahfom1a Jul7 v
Who kMw a fish tanlc could interfere with your Wif1 s,gnal? Rtad more on
how to get the best in-home Wif1 e~nt'nc;e today! #Tech Tips
•TechT1pl~ay#CollWiFi
ICYMI: F~h tanks un soak up your WiFi signal
6'CO)tC0ffi
0 Cox C11llfornl.1 O @CoxCal1fom,a • Jun 23
There are simple things~ can do to get the best in-home #Wifi
ex~nence. Re-v1!W our tips today!
Did you kl'IOW furmture can affect Wifi7
,9cox.com
__ .._,. ____ ...., ... _
.,...___,_, __ ..,.... ___ _.,.
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... _ _,, . .....,..._,... -..------.-______ _, ..... ....... ""'...__...., .-..,,.,."-.c..,.._ ""' _ _..,__,,., ___ _
-('IMO.ff,._,_.._ ...,.._.'--"'c..,._-....
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co x
c o x
COVID-19 Customer Relief
Offerings
E-17
Provided flexible
payment options
Did not terminate
service*
Opened all Cox
outdoor WiFi hotspots to
the public
During the COVID-19 Pandemic, Cox supported the FCC's Keep
America Connected Initiative by:
Additionally, Cox committed to:
Provided
unlimited data
for residential
customers*
Provided free
remote desktop
support at no extra
charge*
Partnered with cities,
school districts and
community-based
organizations to
connect low-income
students to internet.
Created affordable
flexible internet
options; upgraded
speeds
Keeping our Customers Connected
*Offer available to eligible customers; FCC Pledge exp. 07/2020
E-18
"ii' ~
CD ii ffi
Keeping Communities Connected
During the COVID-19 Pandemic, Cox supported businesses
and the community by:
Palos Verdes Peninsula School
District:$10,000 for professional
development & mental health
support for educators and
teachers
Providing $5 million in PSA
airtime for COVID-19
messaging and giving 1,700
restaurants free TV
advertising
Donating an additional
$25,000 through
Cox Charities
Developing virtual tools
and resources to support
customers
E-19
Customer Care Options
E-20
Customer Care Options
•COX SUPPORT NUMBER: 1–800–234–3993
•DIGITAL ASSIST: 24/7 Account Services and Technical Support
•TEXT: “54512”
•VISIT: www.Cox.com/Residential/Contactus.html and access the
“Online Chat,” function
•Download the “Cox” App on your Phone!
E-21
c o x
Thank you
E-22