Customer Service Penalties for State Video Franchisees
San Diego Municipal Code § 73.0204
in effect§ 73.0204 Customer Service Penalties for State Video Franchisees
(a) State Video Franchisees shall comply with all applicable state and federal consumer service and consumer protection standards including:
(1) California Government Code Sections 53055, 53055.1, and 53055.2 (Cable Television and Video Provider Customer Service and Information), and 53088.2 (Video Customer Service),
(2) California Penal Code Section 637.5 (Subscriber Privacy) and the privacy standards contained in Section 631 of the federal Cable Act (47 U.S.C. Sec. 551 et. Seq.),
(3) Federal Communications Commission Rules and Regulations Part 76.309 (Customer Service Obligations),
(4) Any other customer service standards pertaining to the provision of video service established by federal law or regulation or adopted by subsequent enactment of the California Legislature.
(b) All customer service and consumer protection standards under this section shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards in relation to customer protection.
(c) The City will provide any state franchised video provider written notice of any material breaches of applicable customer service standards and allow the State Franchisee thirty (30) days from receipt of the notice to remedy the specified material breach. The City may assess the following monetary penalties for any material breach of customer service and consumer protection standards not remedied within the thirty (30) day time period:
(1) Up to Five hundred dollars ($500) for each day of each material breach, not to exceed a total of one thousand five hundred dollars ($1,500) for each occurrence of a material breach.
(2) If a subsequent material breach of the same nature occurs within 12 months following previous notice and any assessment of penalties or fines, a fine of up to one thousand dollars ($1,000) shall be imposed for each day of the material breach stays in effect, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach.
(3) If a third or further material breach of the same nature occurs within the same 12 months following previous notice and any assessment of penalties or fines, a fine of up to two thousand five hundred dollars ($2,500) shall be imposed for each day of each material breach, not to exceed a total of seven thousand five hundred dollars ($7,500) for each occurrence of a material breach.
(d) A material breach for the purposes of assessing penalties under this Section 73.0204 shall be deemed to have occurred for each day, following the expiration of the notice/remedy period of Section 73.0204(c), that any material breach has not been remedied by the State Franchisee, irrespective of the number of customers affected.
(e) The City shall submit one-half of any penalties assessed and received to the Digital Divide Account established under Section 280.5 of the California Public Utilities Code.
(f) A State Franchisee may appeal a penalty assessed under this Division in accordance with the appeal procedures set forth in Division 5, Article 2, Chapter 1 of the San Diego Municipal Code (beginning with Section 12.0501.)
(Added 2-26-2008 by O-19719 N.S.; effective 3-27-2008.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter07/Ch07Art03Division02.pdf#page=3Fetched: 10/28/2026