Following the City Council’s adoption of this Chapter, the City Clerk is directed to provide a copy by certified mail to the franchised cable operator, Falcon Cable Systems Company II, L.P., dba Charter Communications. Upon the expiration of ninety (90) days following the transmittal of this Chapter to Charter Communications, the provisions of Section 5.40.080 relating to consumer protection and service standards will apply to the operation of the cable television system within the franchise service area under the Cable Television Franchise Agreement referenced above in Section 3. The authority for this action by the City is derived from the following sources:
A. 47 CFR 76.309, titled “Customer Service Obligations,” which provides in relevant part as follows:
“(a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this Section against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards.”
“(b) Nothing in this rule should be construed to prevent or prohibit:
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(3) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or
(4) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c) of this section.”
B. Government Code Sections 53088 et seq., titled the “Video Customer Service Act.” Section 53088.2(p) of this Act provides as follows:
“(p) Nothing in this division limits the power of a city, county, or city and county or video provider to adopt and enforce service standards and consumer protection standards which exceed those established in this division.”
[Ord. 462, Section 3, 5/9/07.]
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