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8D Consent 2010 0301
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8D Consent 2010 0301
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2/25/2010 10:09:28 AM
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2/25/2010 10:09:28 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/1/2010
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_CC Agenda 2010 0301
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of gross revenues, as defined in Public Utilities Code section 5860, for the preceding calendar <br />year, and all payments, deductions and computations used to determine the amount of the <br />remittances required by subdivision (a) of this section during the preceding calendar year. The City <br />Manager may establish, and from time to time revise, such additional reporting requirements as are <br />necessary to ensure that the basis for the calculation of the amount of remittances are adequately <br />explained and documented, and each state franchise holder shall comply with such additional <br />reporting requirements provided that each franchise holder shall have first been provided written <br />notice of such requirements at least fifteen (15) days prior to the beginning of the calendar year. <br />(c) Notwithstanding subdivision (n) of Public Utilities Code section 5870, upon expiration of <br />any state franchise, without any action of the City Council, this section shall be deemed to have <br />been automatically reauthorized, unless the state franchise holder has given the City written notice <br />sixty (60) days prior to the expiration of the state franchise that the section will expire pursuant to <br />the terms of subdivision (n) of Public Utilities Code section 5870. <br />5-7-120 Customer Service Penalties by State Franchise Holders. <br />(a) Any state franchise holder shall comply with the customer service provisions set forth in <br />Public Utilities Code section 5900, <br />(b) The City shall impose the following penalties against a state franchise holder for any <br />material breach of the customer service provisions set forth in subdivision (a) of section 5-7-120: <br />(1) For the first occurrence of a material breach, a fine of $500.00 shall be imposed <br />for each day of each material breach, not to exceed $1,500.00 for each <br />occurrence of the material breach. <br />(2) For a second occurrence of a material breach of the same nature as the first <br />material breach that occurs within twelve (12) months, a fine of $1,000.00 shall be <br />imposed for each day of each material breach, not to exceed $3,000.00 for each <br />occurrence of the material breach. <br />(3) For a third or further occurrence of a material breach of the same nature as the <br />previous material breaches that occurred within the preceding twelve (12) months, <br />a fine of $2,500.00 shall be imposed for each day of each material breach, not to <br />exceed $7,500.00 for each occurrence of the material breach. <br />(c) The City Manager shall have the authority to assess penalties for any material breach by a <br />holder of a state franchise. Prior to assessing penalties for a material breach, the City Manager <br />shall first have provided the state franchise holder with written notice of any alleged material <br />breach of the customer service provisions set forth in California Public Utilities Code section 5900 <br />and shall allow the state franchise holder at least thirty (30) days from receipt of the notice to <br />remedy the specified material breach. <br />(d) A material breach for the purposes of assessing penalties shall be deemed to have <br />occurred for each day within the jurisdiction of the City, following the expiration of the period <br />specified in this section that any material breach has not been remedied by the video provider, <br />3 <br />
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