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Home My WebLink AboutOrdinance 250 -video service standardsORDINANCE 250 AN QRDINANCE AMENDING- THE SARATQGA CX'~X CQDE CONCERNTNC VIDEO SERVICE STANDARDS THE CITY CdLJNCIL OF THE CITY d~ SARATOGt~ DOES ORDAIN AS FOLLQWS: Section ~. Findings. The City Council f.z~ds and declazes as follows: ~, The >~a,~~.ta~ r~nfratx~~ture n~ ~i~~~ omp~titian A.ct Qf ~~~ ~A~ ~~$~~ was signed into law on September ~a, 00~ authorising video sorvice pravid~x~ t~ ~p~~~t~ in ,lif~~ia iti~ ~~~ ~l~h~r~ in the state pursuant to ~ franchise issued by the ta.te Public Utilit~e~ on1n71s1~T.1. ~, ~~ ~~7 prohibits local ~ovcrn~ncnts frain adapting c~storner scr~ice standards applicable to vidca service operators aperatin under ~ state frarichisc that d1ffcr frarn state law, ~. AB ~7 directs local ~avcrnments to en#`orce state standards and to set ~ schedule for pna~t~es to be ~~npoed ~n the event of material breach of state law. ~, the pity of Saratoga wishes to implement A~ ~7 by adopt~i~g the state standards and setting a penalty schedule in accordance with state law. E. phis ard~nan.ce shall not apply to ~ridca service providers aperatin pursuant to ~ Local franchise entered before epteinber ~~~ ~~~~. section Z , Adoption. ~hc aratoa pity bode is hereby a~ner~ded ~~ addii~ the text shov~i below: ~.rtic~e 4-~ Il~l~ ~~VIE 4-~~.~1a Purpose and Defii~itiar~s. phis Article implements the c~ustorrYer service and consumer protection standards of the l~iital Infrastructure and video orr~petitio~ Act ~f ~aa6 the "Aet", Public Utilities bode ~ ~ Spa et seq.}. All terms used in this article shall ~~ defined as defined b that Aet or this ode; 111 the event a term iS defined In the Act and this bode, the definition 1n the Act shall apply to this section, 4-~.~2~ Applicability. ~rhis Article applies to all video service providers serving arat~a residents pursuant to a state franchise or pursuant to a franchise or other areeinent with the ~it~ entered after cpteinber ~~, 2~~. Pale t ofd 4-~~,~~~ ~t~ee, Prig to a.~essi~~ ~~~ pen~.lty pursuant to tb~ Article, the pity shall notify the vxdao service provider of the alleged material breach and allay the video service provider a.t least 3~ days frarn receipt of the notice t~ remedy the specified ma~te:rial bre~.ch. 4-26.020 Penalties. A11 video service providers subject to this Article shall comply with fihe customer service standards mandated by section 59gQ aFthe Public Utilities Cade. Monetary penalties sha11 be assessed for a material breach of those standards unless the breach is out of the reasonable control of the video service provider. One half of each penalty collected shall be submitted to the Digital Divide Account established by the Act. The penalties shall be as follows: (a) Five-hundred dollars ($500) for each day of rnateria] breach, but not to exceed one-thousand five-hundred dollars ($1,SQ0) for each occurrence of a material bread,. (b} Notwiths#anding subsection (a} above, if notice has been provided and a penalty has been assessed pursuant to subsection (a) above and a subsequent materiaX breach of the same nature occurs within 12 months, an amount of one-thousand dollars ($1,000} shall be assessed for each day of each material breach, not to exceed three-thousand dollars ($3,OOQ) for each occurrence of the material breach. (c) Notwithstanding subsections (a) and (b), above, if notice has been provided and a fine ox penalty has been assessed pursuant to subsection (b), above, and a third or fiirther material breach of the same nature occurs within 12 months of the original breach, an amount of two-thousand five-hundred dol~axs ($2,500) shall be assessed far each day of each material breach, not to exceed seven- thousand five-hundred ($7,500) for each occurrence ofthe material breach. ~~~~.~~~ ~ep~~e Ti~* 1~e~ ~rvie~ pr~v1der~ ball comply v~1th the requirements of section ~S,~~e~ ofthe government fade concern1~.~ sta~dar~s far a~seri~g e~staer ells far ir~stall~.tiar~a service, and carr~p air~ts, Section 3. Severance Clause. ~`he pity ~auncil declares that each section, sub-sect~an, paragraph, ~uh- pra~raph, sentence, clause and phrase of this ardir~nce is severable and independent of ~ ~.~ 2 o f every other seet~on, sub-sect1on, paragraph, sub--~araraph, sentence, cause and phrase of this ordinance. 7~ any section, sub-sectlan, paragraph., sub-paragraph, scnter~ce, clause ar p~xse of th~i~ oxdir~ance ~is held i~rvalid, the pity council declares tbat it v~a~1d have adopted e remaining provisions a~ this ardlnance 1rrespeetive of the pa~tian held i~.vaiid, and further declares its express intent that the rerr~aln~ng portl.ons of thls ordinance should re~na7n ~n effect after the ~nvalld portion has been el~rr~lnated. ectian 4. Publicatian~ This ordinance or a comprehensive summary thereof sha11 be published once in a newspaper of general circulation of the pity of Saratoga within f fteen days after its adoption, The ~`oregoing ordinance was introduced and read at the regular meeting of the ~i~y ~`o~nci~ of the qty of Saratoga held on the 17th day of Jan~a~y, a~7, and vas adapted by the following vote foXlo~ving a second reading on the 7th day a~` February, ~~7 AY ~u~~ l,,e~b~s Jill :~u~t~~, thle~n Ding, hu~c Page, dice Nla.yar Ann altans~nith, Mayor Aileen as NQES: None A~TA1 done ABSENT: None C ~C Aileen Sao AYaR, ~IT~ aF ARAT~A, AI~~F:RYA A.TTT~ Cathleen ~ e ~~RR ~ IT ~F ARAT~A A~P~vEI~ Ta ~a~: ,.~ ~~. Richard Taylor CITY ATTORNEY gage of