§ 5.104.040. Public, education and government (PEG) channel capacity, PEG support fees, PEG interconnection, and County franchisee's obligations.

(a)

PEG Channel Capacity.

1.

The current County Franchises provide for seven (7) or four (4) public, educational and governmental channels for PEG programming depending on the service area. Local franchisees and holders of a state franchise under DIVCA shall provide the same number of PEG channels as provided in the County Franchise service areas.

2.

All state franchisees shall comply with the provisions of DIVCA related to PEG channels. Without limiting the foregoing, the PEG channels shall be carried on the basic service tier. To the extent feasible, the PEG channels shall not be separated numerically from other channels carried of the basic service tier and the channel numbers for the PEG channels shall be the same channel numbers used by the incumbent cable operator as defined in Public Utilities Code Section 5830(i) unless prohibited by federal law and shall provide video and sound quality, recording capability, channel accessibility and location equal to, or substantially equal to, that provided by the incumbent cable providers. After the initial designation of PEG channel numbers, the channel numbers shall not be changed without agreement from the County unless the change is required by federal law.

3.

A state franchise holder shall have three (3) months from the date the County requests the PEG channels to designate the capacity. However, the three-month period shall be tolled by any period during which the designation or provision of PEG channel capacity is technically infeasible, including any failure or delay of the incumbent cable operator to make adequate interconnection available, as required by DIVCA. Any state franchise holder who believes that the designation or provision of PEG channel capacity is technically infeasible, shall provide to the County, in writing, its reasons therefore and its plan for correcting or solving the infeasibility. County may hold a hearing on the claim of infeasibility and, thereafter, take such action as County deems proper to require the designation and provision of the PEG channels on the state franchise holder's system.

(b)

PEG Support Fees.

1.

Amount of PEG support fee.

(A)

Except as provided in subparagraphs (B) and (C), every state franchisee operating within the boundaries of the unincorporated areas of the County shall pay a PEG support fee to the County calculated on the same basis as the PEG support fee paid by the incumbent County Franchise for the corresponding service area.

(B)

Upon the expiration of any County Franchise or its earlier termination pursuant to California Public Utilities Code Section 5840(o)(3), every state franchisee operating within the corresponding unincorporated boundaries of the County shall pay a new PEG support fee to the County calculated on the same basis as the PEG support fee paid by the incumbent County Franchise for the corresponding service area or the equivalent of one (1) percent of the state franchisee's revenue, whichever is higher. State franchisees shall remit PEG fees in the same manner as franchise fees, pursuant to Section 5.104.030.

(C)

As of December 31, 2006, pursuant to the most recent franchise agreement, the County also imposed on the local cable operator a one-time capital grant of three hundred seventy-nine thousand nine hundred and eight dollars ($379,908.00) for PEG equipment and facilities. Pursuant to Section 5870(l) of the California Public Utilities Code, every state franchisee operating within the boundaries of the County shall be responsible for a pro-rata, per subscriber share of any outstanding capital grant payments.

2.

The PEG support fee shall be used by the County for PEG purposes consistent with state and federal law.

3.

This expressly reauthorized the enforceability of this Ordinance.

(c)

PEG Interconnection.

1.

If a state franchisee and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement for PEG carriage, the County shall require the incumbent cable operator to allow the state franchisee to interconnect its network with the incumbent cable operator's network at a technically feasible point on the state franchisee's network as identified by the state franchisee. If no technically feasible point of interconnection is available, the state franchisee shall make interconnection available to the PEG channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the state franchisee requesting the interconnection unless otherwise agreed to by the parties.

(d)

County Franchisee's Obligations. An incumbent cable operator's obligation to provide and support PEG channel facilities and institutional networks and to provide free cable service to schools and other public buildings shall continue until the expiration of the incumbent cable operator's existing County Franchise.

(Ord. 04453, § 1, 12/9/08)

(Ord. No. 04792, § 1, 1-9-2018)