Ordinance - 2084ORDINANCE NO. 2084
AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 11-18 (CABLE TELEVISION SYSTEM
STANDARDS) OF ARTICLE II (COMMUNITY ANTENNA TELEVISION
SYSTEMS) OF CHAPTER 11 (FRANCHISES) OF THE WEST COVINA
• MUNICIPAL CODE WITH THE ADDITION OF SUBSECTION (f)
(REMEDIES FOR NON-COMPLIANCE WITH CUSTOMER SERVICE
STANDARDS)
WHEREAS, the City's Cable Television Ordinance does not provide remedies for the
violation of customer service standards;
WHEREAS, the City Council of West Covina is in the process of adopting the customer
service standards as set forth in the Code of Federal Regulations;
WHEREAS, the State Legislature, by Chapter 1198, has added Article 4.5 to the
Government Code of the State of California commencing with Section 53088 entitled "Video
Customer Service Act" which became effective September 1, 1993, and was amended in 1994;
WHEREAS, Section 53088.2(q) allows a city to adopt a schedule of penalties for material
breaches by a video provider; and
WHEREAS, the City desires to establish a schedule of penalties for the material breach by a
video provider of the customer service standards as provided for in Code of Federal Regulations,
Title 47, Volume 4, Part 76, Section 76.309(c), cited as 47CFR76.309(c).
NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows:
Section 1. The City hereby amends Section 11-18 (Cable Television System Standards)
of Article II (Community Antenna Television Systems) of Chapter 11 (Franchises) of the West
Covina Municipal Code with the addition of the Subsection (f) as follows:
"(f) Remedies for non-compliance with customer service standards. The following penalties
for non-compliance with the customer service standards set forth in 47CFR76.309(c) are hereby
established:
(1) $200.00 for each day, or part thereof, that each noncompliance continues, not to
exceed $600.00 for each occurrence of material breach
(2) $400.00 for second material breach of the same nature within a twelve-month
period, after notice has been given and penalties assessed for the prior breaches,
for each day of, or part thereof, of each material breach, not to exceed $1,200.00
for each occurrence of the material breach
(3) $1,000.00 for third or further material breach of the same nature within the same
twelve month period, after notice has been given and penalties assessed for the
prior breaches, for each day, or part thereof, of each material breach, not to
exceed $3,000.00 for each occurrence of the material breach.
(4) A day or days of material breach shall be counted in accordance with
Government Code Section 53088.2(r), beginning 30 days after notice of breach
and failure to cure.
(5) The City shall give the grantee written notice of any alleged material breaches of
the customer service standards, in accordance with Government Code Section
53088.2(r), and allow the grantee at least 30 days from receipt of the notice to
remedy the specified breach. Said notice shall also advise grantee of its appeal
rights pursuant to a policy to be adopted by the City Manager."
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Section 2. Pursuant to Section 76.309(a) of the Code of Federal Regulations, the City has
provided affected cable operators ninety (90) days written notice of its intent to enforce the standards of
Section 76.309(c) and such written notice did include a copy of Section 76.309.
Section 3. Pursuant to California Government Code Section 53088.2(q), the above monetary
penalty does not exceed two hundred dollars ($200.00) for each day of each material breach, not to
isexceed six hundred dollars ($600.00) for each occurrence of material breach for an initial occurrence;
four hundred dollars ($400.00) for each day of each material breach, not to exceed twelve hundred
dollars ($1,200.00) for each occurrence of material breach for second material breach within a twelve
(12) month period; and one thousand dollars ($1,000.00) for each day of each material breach, not to
exceed three thousand dollars ($3,000.00) for each occurrence of material breach for third or further
material breach within the same twelve (12) month period.
Section 4. The City Council declares that, should any provision, section, paragraph, sentence or
word of this ordinance be rendered or declared invalid by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs,
sentences or words of this ordinance shall remain in full force and effect.
Section 5. This ordinance shall take effect 30 days after its passage and adoption pursuant to
California Government Code Section 36937 and shall supersede any conflicting provision of any City of
West Covina ordinance.
Section 6. The City Clerk shall certify to the passage and adoption of this ordinance and shall
cause the same to be published or posted according to law.
PASSED, APPROVED and ADOPTED this 0' day of June, 2002.
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JMar Michael Touhey
ATTEST:
City Clerk Janet Berry
�l w/
I,;JANET:BERRY, CITY CLERK of the City of West Covina, California, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of West Covina
held on the 7th day of May, 2002 and was duly passed, approved, and adopted by said Council, at a
regular meeting of said City Council held on the 4`' day of June, 2002 by the following vote:
AYES: Herfert, Miller, Sanderson, Wong, Touhey
NOES: None
ABSENT: None
APPROVED AS TO FORM:
City Attorney'Arnold varez-Glasman
City Clerk Janet Berry
VA