SECTIONS 440-444 - California Statutes

PUBLIC UTILITIES CODE

SECTION 440-444

440. (a) For purposes of this article, "state franchise," "video
service," and "video service provider" shall have the same meaning as
those terms are defined in Section 5830.
(b) The Public Utilities Commission Video Franchising Account is
hereby created in the Public Utilities Commission Utilities
Reimbursement Account.

441. The commission shall annually determine a fee to be paid by an
applicant or holder of a state franchise pursuant to Division 2.5
(commencing with Section 5800). The annual fee shall be established
to produce a total amount equal to that amount established in the
authorized commission budget for the same year, including adjustments
for increases in employee compensation, other increases appropriated
by the Legislature, and an appropriate reserve to carry out the
provisions of Division 2.5 (commencing with Section 5800), less the
amount to be paid from reimbursements, federal funds, and any other
revenues, and the amount of unencumbered funds from the preceding
year.

442. (a) The commission shall establish the fee pursuant to Section
441 with the approval of the Department of Finance. The commission
shall specify the amount of its budget to be financed by the fee in
its annual budget request.
(b) The fee shall be determined and imposed by the commission
consistent with the requirements of Section 542 of Title 47 of the
United States Code.
(c) All fees collected by the commission pursuant to this section
shall be transmitted to the Treasurer at least quarterly for deposit
in the Public Utilities Commission Video Franchising Account.
(d) The commission shall maintain those records as are necessary
to account separately for all fees and charges, including the fees
authorized by Section 441.
(e) The commission shall authorize refunds of the fees provided
for in this article when the fees were collected in error.

443. (a) The commission may require a video service provider
subject to this article to furnish information and reports to the
commission, at the time or times it specifies, to enable it to
determine the fee pursuant to Section 441.
(b) Any video service provider required to submit information and
reports under this article may, in lieu thereof, submit information
or reports made to any other governmental agency if all of the
following are met:
(1) The alternate information or reports contain all of the
information required by the commission.
(2) The requirements to which the alternate reports or information
are responsive are clearly identified.
(3) The information or reports are certified by the video service
provider to be true and correct.

444. (a) If a video service provider subject to this article is in
default of the payment of any fee required by this article for a
period of 30 days or more, the commission may suspend or revoke the
state franchise of the video service provider or order the video
service provider to cease and desist from conducting all operations
subject to the franchising authority of the commission. The
commission may estimate from all available information the
appropriate fee and may add to the amount of that estimated fee, a
penalty not to exceed 25 percent of the amount, on account of the
failure, refusal, or neglect to prepare and submit the report or to
pay the fee, and the video service provider shall be estopped to
complain of the amount of the commission's estimate.
(b) Upon payment of the fee so estimated and penalty, if
applicable, the state franchise of the video service provider
suspended in accordance with this section shall be reinstated or the
order to cease and desist revoked. The commission may grant a
reasonable extension of the 30-day period to any video service
provider upon written application and a showing of the necessity of
the extension.
(c) Upon revocation of any state franchise or issuance of an order
to cease and desist pursuant to this section, all fees in default
shall become due and payable immediately.
(d) The commission may bring an action, in its own name or in the
name of the people of the state, in any court of competent
jurisdiction, for the collection of delinquent fees estimated under
this article, or for an amount due, owing, and unpaid to it, as shown
by report filed by the commission, together with a penalty of 25
percent for the delinquency.