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 Simi Valley
 Code of Ordinances
 Title 5. PUBLIC WELFARE
 Chapter 10. CABLE TELEVISION SYSTEMS*

  § 5-10.19. State video franchises.

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  • This section is designed to regulate video service providers holding video franchises granted by the State of California pursuant to the Digital Infrastructure and Video Competition Act of 2006 and operating within the City.

    (a)

    Each State franchise holder operating in the City of Simi Valley shall pay a fee to the City equal to five percent of gross revenue of that State franchise holder as a State franchise fee.

    (b)

    Each State franchise holder operating in the City of Simi Valley shall pay a fee to the City equal to one percent of gross revenue of that State video franchisee to support public, educational, and/or governmental (PEG) channel facilities consistent with Federal law. For this purpose, gross revenue shall have the definition set forth in California Public Utilities Code Section 5860.

    (c)

    For any material breach, as defined by California Public Utilities Code Section 5900, by a State franchise holder of applicable customer service and consumer protection standards, the City Manager or designee may impose the following penalties:

    (1)

    For the first occurrence of a violation, a fine of up to Five Hundred and No/100ths ($500.00) Dollars may be imposed for each day the violation remains in effect, not to exceed One Thousand Five Hundred and No/100ths ($1,500.00) Dollars for each violation.

    (2)

    For a second violation of the same nature within twelve (12) months, a fine of up to One Thousand and No/100ths ($1,000.00) Dollars may be imposed for each day the violation remains in effect, not to exceed Three Thousand and No/100ths ($3,000.00) Dollars.

    (3)

    For a third or further violation of the same nature within twelve (12) months, a fine of up to Two Thousand Five Hundred and No/100ths ($2,500.00) Dollars may be imposed for each day the violation remains in effect, not to exceed Seven Thousand Five Hundred and No/100ths ($7,500.00) Dollars for each violation.

    (4)

    A State video franchise holder may appeal a penalty assessed by the City Manager to the City Council within sixty (60) days of the initial assessment. The City Council may uphold, modify, or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final.

(§ 1, Ord. 1117, eff. August 16, 2007)