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Ordinance No. 3974_
AN ORDLNANC'F. Al~'IENDINC CHAPTER 47 -VIDEO CUSTOiviF,It SERVICE
RF~GUI.ATIONS AND ADDING CHAPTER 47A -VIDEO REGULATIONS FDR
S`L'ATE FRANCHISE AGREEMENTS TO TI-IE BUTTE COUNTY CODE
The Board of 5upcrvisors of the County of Butte: ordai~~s as follows:
Section I. Purpose. This proposed ordinance amends Chapter 47, Video Customer Service
Regulations, to cl~ange its applicability to local franchise agreements only and adds Chapter 47~
Video Regulations For State Franchise Agreements, pursuant to the Digital Infrastructure a~~d
Video Co~llpctition Act of20U6.
Section 2. Butte County Code Chapter 47 is amended to read as follows:
Chapter 47. VIDEO CUSTOMER SERlVCF, RF,Gl1LATIONS FOR LOCAL.
FRANCHISE AGREEMENTS.
Section 3. Butte County Code Section 47-1 is amended to read as follows:
47-] Authority, citation, and appiicabiiity.
This chapter is enacted by the board of supervisors pursuant to the authority granted to it hy:
Article I, Section I of the Butte County Charter; Article XI, Section 7 of the California
Constitution. The reg~i]ations herein maybe cited as the "customer service regulations" and shall
apply only to video services provided by video providers under a local franchise agreement.
Section 4. Chapter 47A is added to the Butte County Code to read as follows:
Chapter 47A. VIDEO REGULAT>EONS FOR STATE FRANCHISE AGREEMENTS
Section 5. Butte County Code Section 47A-I is added to read as follows:
47A-I Authority, citation and applicability.
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This chapter is enacted by the board of supervisors pursuant to the authority grantee] 1o it by
5cction 5~){)(}(c) of the Puhlic iltilitics Code. "1"hc hoard of supervisors shall enforce a]] of tilt
customer service and protection standards as spCCitE~d Ol" 1'CfCI'CI1CCd in Section ~90t1, httt may
not adopt or seek to enforce any additional or differeE~t customer service or performance
I I standards.
Section 6. Butte County Code Section 47A-2 is added to read as follows:
47A-2 Schedule of penalties.
For any material bt•each by a holder of a state fraE~chisc of the standards set fortl~ or referenced in
Section 59{)0 .of the Puhlic Utilities Code, the County shall assess the maximum monetary
penalties allowed in Section 590C1(d} of the Public Utilities Cadc at the time ofthe breach.
Section 7. Severability. If any provision of this Ordinance or the application ihcreof to any
person or circumstances is for at7y reason held to be invalid by a court of competent jurisdiction,
such provision shall be deemed severable, and the ln4'2illdtty tlZereofs]lilll Ilot affect the
remaining provisions or other applications of the Ordinance which can be given effect without
the invalid provision or application thereof.
Section 8. Effective Date and Publication. This Ordinance shall take effect thirty (30) day
after the date of its passage. The Clerk of the Board of Supervisors is authorised and directed to
publish this ordinance before the expiration of f fteen (I S) days after its passage. 'his Ordinanc
shall be published once, with the names oftlie mcntbers of the Board of Supervisors voting for
and against it, in the _Chico Entexprise Record _ , a newspaper of general circulation
published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 8th day of January,2008 ]:the following vote:
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A Y~:S: Supervisors Connelly, Dolan, Kirk, Yamaguchi, and Chair 3osiassen
NUI/S: None
ABS1'.~N"f~: None
NOT VO'['ING: None
osia en, Chair
Buie Co Board of Supervisors
ATTCS~r:
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