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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B10-98. Rate regulation and consumer protection.

(a) The County may regulate any 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 Executive 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. A franchisee must comply with all rate orders issued by the County Board of Supervisors pending appeals by the franchisee unless a stay order has been issued by the FCC.

(b) 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) A cable operator shall not deny access or charge different rates to any group of subscribers or potential subscribers because of the income of the residents of the local area in which such group resides.

(1) Each cable system operator must satisfy all FCC, state and the County cable system customer service standards and consumer protection standards. The County cable system customer service standards may be adopted by resolution. In the case of a conflict among standards, the stricter standard shall apply.

(2) For each violation of a cable system customer service standard, penalties will be imposed as follows and shall not be charged or passed-through to subscribers:

(i) $200.00 for each day of each material breach, not to exceed $600.00 for each occurrence of material breach.

(ii) If there is a subsequent material breach of the same provision within 12 months, $400.00 for each day of each material breach, not to exceed $1,200.00 for each occurrence of the material breach.

(iii) If there is a third or additional material breach of the same provision within 12 months of the first, $1,000.00 for each day of each material breach, not to exceed $3,000.00 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. A citation may be served on the franchisee by providing a copy to the person to whom notices are to be sent under the franchise. Penalties will be imposed in a manner consistent with Cal. Govt. Code Sec. 53088.2(r).

(Ord. No. NS-905, § 2, 12-13-05)

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