(a)
All Rates Subject to Regulation. The county may regulate any of the cable operator's
rates and charges, except to the extent it is prohibited from doing so by law. The
county will regulate rates in accordance with FCC rules and regulations, where applicable.
Except to the extent FCC rules provide otherwise, all rates and charges that are subject
to regulation, and changes in those rates or charges must be approved in advance.
The county administrator may take any required steps to file complaints, toll rates,
issue accounting orders or take any other steps required to comply with FCC regulations.
The county board of supervisors shall be responsible for issuing rate orders that
establish rates or order refunds.
(b)
No Rate Discrimination. Except to the extent the county may not enforce such a requirement,
a cable operator is prohibited from discriminating in its rates or charges or from
granting undue preferences to any subscriber, potential subscriber, or group of subscribers
or potential subscribers; provided, however, that a franchisee may offer temporary,
bona fide promotional discounts in order to attract or maintain subscribers, so long
as such discounts are offered on a non-discriminatory basis to similar classes of
subscribers throughout the franchise area; and a franchisee may offer discounts for
the elderly, the disabled. or the economically disadvantaged; and such other discounts
as it is expressly entitled to provide under federal law, if such discounts are applied
in a uniform and consistent manner.
(c)
Redlining Prohibited. A cable operator shall not deny access or charge different rates
for the same services to any group of subscribers or potential subscribers because
of the income of the residents of the local area in which such group resides.
(d)
Customer Service.
(1)
Each cable operator must satisfy FCC, state and county cable customer service standards
or consumer protection standards. County cable customer service standards may be adopted
by resolution. In the case of a conflict among standards, the stricter standard shall
apply.
(2)
For violation of cable customer service standards (Appendix A), penalties will be
imposed as follows:
(A)
Two hundred dollars for each day of each material breach, not to exceed six hundred
dollars for each occurrence of material breach.
(B)
If there is a subsequent material breach of the same provision within twelve months,
four hundred dollars for each day of each material breach, not to exceed one thousand
two hundred dollars for each occurrence of the material breach.
(C)
If there is a third or additional material breach of the same provision within twelve
months of the first, one thousand dollars for each day of each material breach, not
to exceed three thousand dollars for each occurrence of the material breach.
(3)
Any penalty assessed under this section will be reduced dollar for dollar to the extent
any liquidated damage provision of a franchise imposes a monetary obligation on a
franchisee for the same customer service failures, and no other monetary damages may
be assessed. The county will provide notice, and impose penalties, under this section
pursuant to the procedures established by California Government Code Section 53088.2(r).
