14.48.035 Customer service penalties for state franchise holders.
A. Any state franchise holder shall comply with the customer service provisions set forth in California Public Utilities Code Section 5900.
B. The city shall impose the following penalties against a state franchise holder for any material breach of the customer service provisions set forth in California Public Utilities Code Section 5900:
1. For the first occurrence of a material breach, a fine of five hundred dollars shall be imposed for each day of each material breach, not to exceed one thousand five hundred dollars for each occurrence of the material breach.
2. For a second occurrence of a material breach of the same nature as the first material breach that occurs within twelve months, a fine of one thousand dollars shall be imposed for each day of each material breach, not to exceed three thousand dollars for each occurrence of the material breach.
3. For a third or further occurrence of a material breach of the same nature as the previous material breaches that occurs within twelve months, a fine of two thousand five hundred dollars shall be imposed for each day of each material breach, not to exceed seven thousand five hundred dollars for each occurrence of the material breach.
C. The city shall provide the state franchise holder with written notice of any alleged material breach of the customer service provisions set forth in California Public Utilities Code Section 5900 and shall allow the state franchise holder at least thirty days from receipt of the notice to remedy the specified material breach.
D. A material breach, for the purposes of assessing penalties, shall be deemed to have occurred for each day within the jurisdiction of the city, following the expiration of the period specified in subsection C of this section, that any material breach has not been remedied by the state franchise holder, irrespective of the number of customers affected. No monetary penalties shall be assessed for a material breach if it is out of the reasonable control of the state franchise holder.
E. Pursuant to California Public Utilities Code Section 5900, any penalty remitted to the city by a state franchise holder for a material breach of the customer service provisions set forth in California Public Utilities Code Section 5900 shall be split in half, and the city shall submit one-half of the penalty amount to the Digital Divide Account established by California Public Utilities Code Section 280.5.
(Ord. 2311 NCS §2 (part), 2008.)