If any cable television system, as defined hereinafter, desires
to operate in the incorporated territory of the City of Guadalupe,
using City public streets, highways, alleys, easements or other public
property, the City may authorize such use by a franchise or license
as provided in Government Code Sec. 53066. It is the intent of this
ordinance to provide for franchising cable television systems.
(Ord. 91-306 §1)
For the purposes of this chapter, the following terms, phrases,
words, abbreviations and their derivations shall have the meanings
given in this section. When not inconsistent with the context, words
used in the present tense include the future tense, words in the plural
number include the singular number, and words in the singular number
include the plural number.
for the purpose of this chapter, mean and describe a system
employing antennae, microwave, wires, waveguides, coaxial cables,
or other conductors, equipment or facilities, designed, constructed
or used for the purpose of:
Collecting and amplifying local and distant broadcast television
or radio signals and distributing and transmitting them;
Transmitting original cablecast programming not received through
television broadcast signals;
Transmitting television pictures, film and videotape programs,
not received through broadcast television signals, whether or not
encoded or processed to permit reception by only selected receivers;
Transmitting and receiving all other signals, digital, voice
and audio-visual; provided, however, that any of the services permitted
hereunder to be performed, as described above, shall be those performed
by the grantee for subscribers, as herein defined, in the operation
of a cable television or CATV system franchised by the City, and not
otherwise.
means the City Manager, City Administrator, or other designation
of the City's chief executive officer, or any designee thereof.
means the City of Guadalupe, a municipal corporation of the
State of California, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form.
means the present governing body of the City, or any future
board constituting the legislative body of the City.
means and includes any authorization granted under this chapter
in terms of a franchise, privilege, permit, license or otherwise,
to construct, operate and maintain a cable television system within
all or a specified area in the City. Any such authorization, in whatever
form required for the privilege of transacting and carrying on a business
within the City as required by other ordinances and laws of the City.
means the person, firm or corporation granted a franchise
by the Council under this chapter, and the lawful successor, transferee
or assignee of such person, firm or corporation.
means any income, compensation and other consideration received
by grantee derived from any form of advertising.
means any and all compensation and other consideration received
directly or indirectly by the grantee from subscribers in payment
of the regularly furnished service of the cable television system
in the transmission of broadcast television, radio signals and original
cablecast programming of the grantee.
means any fees or income received by the grantee for the
lease or rental, and compensation for any service in connection therewith,
such as studio and equipment rental and production costs, of any channel
permitted or designated by the Federal Communications Commission to
be so leased or rented.
means any and all compensation and other consideration received
directly or indirectly by the grantee from subscribers or users in
payment for the receipt of signals other than broadcast television,
radio or original cablecast programming of the grantee, whether for
"Pay-per-view television," "pay television,"
"facsimile" transmission, "return" or "response"
communication, and whether or not transmitted encoded or processed
to permit reception by only selected subscribers.
as used in the categories described in subsections G through
J above, means any and all compensation, in whatever form, grant,
subsidy, exchange or otherwise, directly or indirectly received by
a grantee, not including any taxes or services furnished by the grantee,
imposed directly on any subscriber or user by a City, County, State
or other governmental unit, and collected by the grantee for such
entity.
means any natural person and all domestic and foreign corporations,
associations, syndicated, joint stock corporations, partnerships of
every kind, clubs, business or common law trusts, and societies.
means all property owned, installed or used within the City
by a grantee in the conduct of a cable television system business
under the authority of a franchise granted pursuant to this chapter.
means the surface, the airspace above the surface, and the
area below the surface of any public street, other public right-of-way
or public place, including public utility easements.
means any person or entity receiving for any purpose any
service of the grantee's cable television system, including
but not limited to the conventional cable television system service
of retransmission of television broadcasts, radio signals, grantee's
original cablecasting, and the local government, education and public
access channels, and other services, such as leasing of channels,
data and facsimile transmission, pay television, and police, fire
and similar public service communications.
(Ord. 136 §1, 1973; Ord. 91-306 §2)
A.
A nonexclusive
franchise to install, construct, operate and maintain a cable television
system on streets within all or a specific portion of the City may
be granted by the Council to any person, whether operating under an
existing franchise, who or which offers to furnish and provide such
system under and pursuant to the terms and provisions of this chapter.
B.
No provision
of this chapter may be deemed or construed as to require the granting
of a franchise when, in the opinion of the Council, it is in the public
interest to restrict the number of grantees to one or more.
C.
When
and in the event that the grantee of any franchise granted under this
chapter uses in his or her cable television system distribution channels
furnished to the grantee by a telephone company pursuant to tariff
or contract on file with a regulatory body having jurisdiction, and
the grantee makes no use of the streets independent of such telephone
company-furnished facilities, the grantee shall be required to comply
with all of the provisions of this chapter as a "licensee,"
and in such event, whenever the term "grantee" is used
in this chapter it shall be deemed to mean and include "licensee."
(Ord. 136 §2, 1973)
A.
Each
application for a franchise to construct, operate or maintain any
cable television systems in this City shall be filed with the City
Clerk and shall contain or be accompanied by the following:
1.
The
name, address and telephone number of the applicant;
2.
A
detailed statement of the corporate or other business entity organization
of the applicant, including but not limited to the following, and
to whatever extent required by the City:
a.
The names, residence and business addresses of all officers, directors
and associates of the applicant,
b.
The names, residence and business addresses of all officers, persons
and entities having control of 5% or more of the ownership of the
applicant, and the respective ownership share of each such person
or entity,
c.
The names and addresses of any parent or subsidiary of the applicant,
namely, any other business entity owning or controlling applicant
in whole or in part by the applicant, and a statement describing the
nature of any such parent or subsidiary business entity, including,
but not limited to, cable television systems owned or controlled by
the applicant, its parent and subsidiary, and the areas served thereby,
d.
A detailed description of all previous experience of the applicant
in providing cable television system service and in related or similar
fields,
e.
A detailed and complete financial statement of the applicant, prepared
by a certified public accountant, for the fiscal year next preceding
the date of the application hereunder, or a letter or other acceptable
evidence in writing from a recognized lending institution or funding
source, addressed to both the applicant and the Council, setting forth
the basis for a study performed by such lending institution or funding
source, and clear statement of its intent as a lending institution
or funding source to provide whatever capital shall be required by
the applicant to construct and operate the proposed system in the
City, or a statement from a certified public accountant, certifying
that the applicant has available sufficient free, net and uncommitted
cash resources to construct and operate the proposed system in the
City,
f.
A statement identifying, by place and date, any other cable television
franchise(s) awarded to the applicant, its parent or subsidiary; the
status of such franchise(s) with respect to completion thereof; the
total cost of completion of such system(s), and the amount of applicant's
and its parent's or subsidiary's resources committed to
the completion thereof;
3.
A
detailed description of the proposed plan of operation of the applicant,
which shall include but not be limited to the following:
a.
A detailed map indicating all areas proposed to be served, and a
proposed time schedule for the installation of all equipment necessary
to become operational throughout the entire area to be served,
b.
A statement or schedule setting forth all proposed classifications
of rates and charges to be made against subscribers, and all rates
and charges as to each of such classifications, including installation
charges and service charges,
c.
A detailed, informative and referenced statement describing the actual
equipment and operational standards proposed by the applicant. In
no event shall such operational and performance standards be less
than those contained in Title 47, Subpart K (Sections 76.601 et seq.),
Rules and Regulations, Federal Communications Commission, adopted
February 2, 1972, and as amended,
d.
A copy of the form of any agreement, undertaking or other instrument
proposed to be entered into between the applicant and any subscriber,
e.
A detailed statement setting forth in its entirety any and all agreements
and undertakings, existing or proposed to exist between the applicant
and any person, firm or corporation which materially relate or pertain
to or depend upon the application and the granting of the franchise;
4.
A
copy of any agreement covering the franchise area, if existing, between
the applicant and any public utility subject to regulation by the
California Public Utilities Commission, providing for the use of any
facilities of the public utility, including, but not limited to, poles,
lines or conduits;
5.
Any
other details, statements, information or references pertinent to
the subject matter of such application which shall be required or
requested by the Council, or by any provision of any other ordinance
of the City, and of its Charter;
6.
An
application fee in a sum established by resolution of the City Council,
which shall be in the form of cash, certified or cashier's check,
or money order, to pay the costs of studying, investigating and otherwise
processing such application, and which shall be in consideration thereof
and not returnable or refundable, in whole or in part, except to the
extent that such fee exceeds the actual costs incurred by the City
in studying, investigating and processing the application; provided,
that any applicant who shall deliver to the City Clerk a written withdrawal
of or cancellation of any application hereunder not later than the
7th day following the day such application is received by the City
Clerk, shall be entitled to have returned and refunded the sum of
$50.00, less any actual costs or expenses incurred by the City by
reason of such application.
B.
The
Council may, by advertisement or any other means, solicit and call
for applications for cable television system franchises, and may determine
and fix any date upon or after which the same shall be received by
the City, or the date before which the same must be received, or the
date after which the same shall not be received, and may make any
other determinations and specify any other times, terms, conditions
or limitations respecting the soliciting, calling for, making and
receiving of such applications.
C.
The
grantee shall pay to the City a sum of money sufficient to reimburse
it for all publication expenses incurred by it in connection with
the granting of a franchise pursuant to the provisions of this chapter.
Such payment shall be made within 30 days after the City furnishes
the grantee with a written statement of such expenses.
(Ord. 136 §6, 1973; Ord. 91-306 §3; Ord. 2013-414 §11)
A.
Upon
receipt of any application for franchise, the Council shall refer
the same to the Chief Administrative Officer, who shall prepare a
report and make his or her recommendations respecting such application,
and cause the same to be completed and filed with the Council within
30 days.
B.
1.
In
making any determination under this chapter as to any application,
the Council may give due consideration to:
a.
The quality of the service proposed;
b.
Rates to subscriber;
c.
Income to the City;
d.
Experience, character, background and financial responsibility of
any applicant, and its management and owners;
e.
Technical and performances quality of equipment;
f.
Willingness and ability to meet construction and physical requirements,
and to abide by policy conditions, franchise limitations and requirements;
and
g.
Any other considerations deemed pertinent by the Council for safeguarding
the interests of the City and the public.
2.
The
Council, in its discretion, shall determine the award of any franchise
on the basis of such consideration and without competitive bidding.
C.
If the
Council shall determine to reject such application, such determination
shall be final and conclusive, and the same shall be deemed rejected.
D.
If the
Council shall determine to further consider the application, the following
shall be done:
1.
The
Council shall decide and specify the terms and conditions of any franchise
to be granted hereunder and as herein provided;
2.
The
Council shall pass its resolution of intention to consider the granting
of such a franchise, giving notice of receipt of the application,
and describing the character of the franchise desired, stating the
name of the proposed grantee, the character of the franchise, the
terms and conditions upon which such franchise is proposed to be granted,
that copies of the proposed franchise may be obtained at the Office
of the City Clerk, fixing and setting forth a day, hour and place
certain when and where any persons having any interest therein or
objection to the granting thereof may file written protests and appear
before the Council and be heard, and directing the City Clerk to publish
such resolution at least once within 10 days of the passage thereof
in a newspaper of general circulation within the City.
E.
At the
time set for the hearing, or at any adjournment thereof, the Council
shall proceed to hear all written protests. Thereafter, the Council
shall make one of the following determinations:
1.
That
such franchise be denied; or
2.
That
such franchise be granted upon the terms and conditions as specified
in the resolution of intention to grant the same; or
3.
That
such franchise be granted, but upon terms and conditions different
from those specified in the resolution of intention to grant the same.
F.
If the
Council shall determine that a franchise be denied, such determination
shall be expressed by resolution, and shall be final and conclusive.
G.
If the
Council shall determine that a franchise be granted upon the terms
and conditions as specified in the resolution of intention to consider
granting the same, such determination shall be expressed by ordinance
granting a franchise to the applicant.
H.
If the
Council shall determine upon granting a franchise upon terms and conditions
different from those specified in the resolution of intention to consider
granting the same, then such determination shall be expressed by resolution
adopted prior to granting a franchise by ordinance.
(Ord. 136 §6, 1973)
A.
Upon being granted a franchise, and upon the filing of the acceptance required under Section 5.28.100 of this chapter, the grantee shall file with the City Clerk and shall thereafter, annually, during the entire term of such franchise, maintain in full force and effect a corporate surety bond or other adequate surety agreement in such amount and kind as shall have been approved by the Council.
B.
The
bond or agreement shall be so conditioned that in the event that grantee
shall fail to comply with any one or more of the provisions of this
chapter or such franchise, then there shall be recoverable jointly
and severally from the principal and surety any damages or loss, or
costs suffered or incurred by the City as a result thereof, including
attorneys' fees and costs of any action or proceeding, and including
the full amount of any compensation, indemnification, cost of removal
or abandonment of any property or other costs which may be in default,
up to the full principal amount of such bond. Such condition shall
be a continuing obligation during the entire term of the franchise
and thereafter, until grantee shall have satisfied in full any and
all obligations to the City which arise out of or pertain to the franchise.
C.
Neither the provisions of this section and Sections 5.28.060 through 5.28.090, nor any bond accepted by the City pursuant thereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee, or limit the liability of the grantee under any franchise issued pursuant to this chapter, or for damages either to the full amount of the bond or otherwise.
(Ord. 136 §7, 1973)
A.
Upon being granted a franchise, and upon filing of the acceptance required under Section 5.28.100 of this chapter, the grantee shall file, annually, with the City Clerk, and shall thereafter during the entire term of such franchise maintain in full force and effect, a corporate surety bond or other adequate surety agreement, in the amount as shall have been approved by the Council.
B.
The
bond or agreement shall be so conditioned that in the event such grantee
shall fail to comply with any one or more of the provisions of any
agreement or undertaking made between the grantee and any subscriber,
then there shall be recordable, jointly and severally from the principal
and surety, any damages or costs suffered or incurred by any subscriber
as a result thereof, including reasonable attorneys' fees, and
costs of any action or proceeding. Such condition shall be a continuing
obligation during the entire term of the franchise and thereafter
until grantee shall have satisfied in full any and all obligations
to any subscriber which arise out of or pertain to any such agreement
or undertaking.
(Ord. 136 §7, 1973)
Upon being granted a franchise, and upon the filing of the acceptance required under Section 5.28.100 of this chapter, the grantee shall file with the City Clerk and shall thereafter during the entire term of such franchise maintain in full force and effect at its own cost and expense each of the following policies of insurance: general comprehensive liability insurance in the amount of $100,000.00, together with bodily injury liability insurance in an amount not less than $100,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than $300,000.00 on account of any one occurrence, and property damage liability insurance in an amount not less than $50,000.00 resulting from any one occurrence; provided, however, as follows:
A.
The
City shall be named as an additional insured in any of such insurance
policies; and
B.
Where
such insurance is provided by a policy which also covers the grantee
or any other entity or person, it shall contain the standard cross-liability
endorsement.
(Ord. 136 §7, 1973)
The grantee shall indemnify and hold harmless the City, its
officers, boards, commissions, agents and employees, against and from
any and all claims, demands, causes of action, actions, suits, proceedings,
damages (including but not limited to damages to City property and
damages arising out of copyright infringements, and damages arising
out of any failure by the grantee to secure consents from the owners,
authorized distributors or licensees of programs to be delivered by
grantee's cable television system), costs or liabilities, including
costs or liabilities of the City with respect to its employees, of
every kind and nature whatsoever, including but not limited to damages
for injury or death or damage to person or property, and regardless
of the merit of any of the same; and against any loss, cost and expense
resulting or arising out of any of the same, including any attorney
fees, accountant fees, expert witness or consultant fees, court costs,
per diem expense, traveling and transportation expense, or other costs
or expenses arising out of or pertaining to the exercise or the enjoyment
of any franchise under this chapter by the grantee, or the granting
thereof by the City.
(Ord. 136 §7, 1973)
A.
Grantee
shall, at the sole risk and expense of grantee, upon demand of the
City made by and through the City Attorney, appear in and defend any
and all suits, actions or other legal proceedings, whether judicial,
quasi-judicial, administrative, legislative or otherwise, brought
or instituted or had by third persons or duly constituted authorities,
against or affecting the City, its officers, boards, commissions,
agents or employees, and arising out of or pertaining to the exercise
or the enjoyment of such franchise, or the granting thereof by the
City.
B.
The
grantee shall pay and satisfy, and shall cause to be paid and satisfied
any judgment, decree, order, directive or demand rendered, made or
issued against the grantee, the City, its officers, boards, commissions,
agents or employees in any of these premises, and such indemnity shall
exist and continue without reference to or limitation by the amount
of any bond, policy of insurance, deposit, undertaking or other assurance
required hereunder, or otherwise; provided, that neither the grantee
not the City shall make or enter into any compromise or settlement
of any claim, demand, cause of action, action, suit or other proceeding,
without first obtaining the written consent of the other.
(Ord. 136 §7, 1973)
A.
No franchise
granted under this chapter shall become effective for any purpose
unless and until written acceptance thereof shall have been filed
with the City Clerk. Written acceptance, which shall be in the form
and substance approved by the City Attorney, shall also be and operate
as an acceptance of each and every term and condition and limitation
contained in this chapter, or in the franchise, or otherwise specified
as herein provided.
B.
The
written acceptance shall be filed by the grantee not later than 12:01
p.m. of the 40th day next following the effective date of the ordinance
granting the franchise.
C.
In default
of the filing of such written acceptance as required in this section,
the grantee shall be deemed to have rejected and repudiated the franchise.
Thereafter, the acceptance of the grantee shall not be received nor
filed by the City Clerk. The grantee shall have no rights, remedies
or redress in the premises, unless and until the Council, by resolution,
shall determine that such acceptance be received or filed, and then
upon such terms and conditions as the Council may impose.
D.
In any
case, and in any instance, all rights, remedies and redress in these
premises which may or shall be available to the City, shall at all
times be available to the City, and shall be preserved and maintained,
and shall continuously exist in and to the City, and shall not be
in any manner or means modified, abridged, altered, restricted or
impaired by reason of any of these premises, or otherwise.
E.
Any
franchise granted and accepted under this chapter shall be in lieu
of any and all other rights, privileges, powers, immunities and authorities
owned, possessed, controlled or exercisable by the grantee, of or
pertaining to the construction, operation or maintenance of any cable
television systems in the City.
(Ord. 136 §8, 1973)
A.
The
franchise granted by the Council under this chapter shall be for a
term of 15 years from the date of its acceptance by the grantee.
B.
The
City may terminate any franchise granted pursuant to the provisions
of this chapter in the event of the wilful failure, refusal or neglect
by grantee to do or comply with any material requirement or limitation
contained in this chapter, or any material rule or regulation of the
Council or Chief Administrative Officer validly adopted pursuant to
this chapter.
C.
The
Chief Administrative Officer may make written demand that the grantee
do or comply with any such requirement, limitation, term, condition,
rule or regulation. If the failure, refusal or neglect of the grantee
continues for a period of 30 days following such written demand, the
Chief Administrative Officer may place his or her request for termination
of the franchise upon the next regular Council meeting agenda. The
Chief Administrative Officer shall cause to be served upon such grantee,
at least 10 days prior to the date of such council meeting, a written
notice of his or her intent to request such termination, and the time
and place of the meeting, notice of which shall be published by the
City Clerk, at least once 10 days before such meeting, in a newspaper
of general circulation within the City.
D.
The
Council shall consider the request of the Chief Administrative Officer
and shall hear any persons interested therein, and shall determine,
in its discretion, whether or not any failure, refusal or neglect
by the grantee was with just cause.
E.
If such
failure, refusal or neglect by the grantee was with just cause, the
Council shall direct the grantee to comply within such time and manner
and upon such terms and conditions as are reasonable.
F.
If the
Council shall determine such failure, refusal or neglect by the grantee
was without just cause, then the Council may, by resolution, declare
that the franchise of the grantee shall be terminated and forfeited
unless there is compliance by the grantee within such period as the
Council may fix.
G.
The
termination and forfeiture of any franchise shall in no way affect
any of the rights of the City under the franchise or any provisions
of law.
H.
In the
event of any holding over after expiration or other termination of
any franchise granted under this chapter, without the prior consent
of the City expressed by resolution, the grantee shall pay to the
City reasonable compensation and damages, of not less than 100% of
its gross revenue during such period.
(Ord. 136 §5, 1973)
Any franchise granted under this chapter may be renewed by the
City of Guadalupe upon application of the grantee pursuant to the
procedure established as follows, and in accordance with the then
applicable local, State, and federal laws:
A.
At least
36 months prior to the expiration of the franchise, grantee shall
inform the City Council in writing of its intent to seek renewal of
the franchise.
B.
After
receipt of said notice, the City Council shall determine whether (1)
to negotiate with grantee for renewal, or (2) seek additional applicants
for a CATV franchise. Grantee shall have no right or option of renewal
and the decision of the City Council shall be at its sole discretion.
C.
If the
City Council decides to negotiate with grantee, grantee shall thereafter
submit a complete application for renewal to the City Clerk's
office. In the event that the City Council and grantee do not agree
on the terms and conditions of renewal, City Council may seek additional
applications or competitive bids from grantee or other applicants.
D.
The
application for renewal shall include the following:
1.
The
name, address and telephone number of the applicant;
2.
A
detailed statement of the corporate or other business entity organization
of the applicant, including but not limited to the following, and
to whatever extent required by the City Council:
a.
The names, residence and business addresses of all officers, directors
and associates of the applicant,
b.
The names, residence and business addresses of all officers, persons
and entities having control of, controlling or being entitled to have
or control 5% or more of the ownership of the applicant, and the respective
ownership share of each such person or entity,
c.
The names and addresses of any parent or subsidiary of the applicant,
namely, any other business entity owning or controlling applicant
in whole or in part, by the applicant, and a statement describing
the nature of any such parent or subsidiary business entity, including
but not limited to cable television systems owned or controlled by
the applicant, its parent and subsidiary, and the areas served thereby,
d.
A detailed and complete financial statement of the applicant, prepared
by a certified public accountant, for the fiscal year next preceding
the date of the application hereunder, or a statement from a certified
public accountant, certifying that the applicant has available sufficient
free, net and uncommitted cash resources to continue to operate and
maintain the CATV system in the City,
e.
Any other details, statements, information or references pertinent
to the subject matter of such application which shall be required
or requested by the Council or by any provision of any other ordinance
of the City or deemed relevant by the grantee.
E.
Costs
to be borne by the grantee for a franchise renewal shall include all
costs incurred by the City in a franchise renewal study, including
evaluation of system and application. The maximum amount of said costs
shall be determined and approved by grantee and City at time of application
for renewal.
F.
Upon
mutual agreement as to the term and conditions of renewal by the City
Council and the grantee, the renewal shall be ratified by City Council
resolution.
(Ord. 91-306 §4)
A.
In consideration
of the granting and exercise of a franchise to use the streets, as
defined in this chapter, for the operation of a cable television system,
any grantee shall pay to the City, during the life of the franchise,
the following:
B.
The percentage payments described in Section 5.28.120(A) shall be made quarterly within 45 days of the end of each quarter. For purposes of this chapter, calendar quarters shall be deemed to conclude on March 31st, June 30th, September 30th, and December 31st.
C.
The
City shall have the right to inspect the grantee's revenue records
under the franchise, and the right of audit and recomputation of any
and all amounts payable under this chapter. The cost of the audit
shall be borne by the grantee when the same results in increasing,
by more than 2%, the grantee's annual payment to the City.
D.
No acceptance
of any payment shall be construed as a release or as an accord and
satisfaction of any claim the City may have for further or additional
sums payable under this chapter or for the performance of any other
obligation hereunder.
(Ord. 136 §4, 1973; Ord. 91-306 §§5—9)
Any franchise granted pursuant to the provisions of this chapter
shall authorize and permit the grantee to engage in the business of
operating and providing a cable television system in the City, and
for that purpose to erect, install, construct, repair, replace, reconstruct,
maintain and retain in, on, over, under, upon, across and along any
street such poles, wires, cable, conductors, ducts, conduit, vaults,
manholes, amplifiers, and appliances, attachments and other property
as may be necessary and appurtenant to the cable television system,
and, in addition, to so use, operate and provide similar facilities
or properties rented or leased from other persons, firms or corporations,
including but not limited to any public utility or other grantee franchised
or permitted to do business in the City.
(Ord. 136 §3, 1973)
A.
Every
franchise granted under this chapter shall be nonexclusive.
B.
No privilege
or exemption shall be granted or conferred by any franchise granted
under this chapter except those specifically prescribed herein.
C.
Any
privilege claimed under any such franchise by the grantee in any street
or other public property shall be subordinate to any prior lawful
occupancy of the streets or other public property.
D.
Any
such franchise shall be a privilege to be held in personal trust by
the original grantee. It cannot in any event be sold, transferred,
leased, assigned or disposed of, in whole or in part, either by forced
or involuntary sale, or by voluntary sale, merger, consolidation or
otherwise, without prior consent of the Council expressed by resolution,
and then only under such conditions as may therein be prescribed.
1.
Any
such transfer or assignment shall be made only by an instrument in
writing, such as a bill of sale or similar document, a duly executed
copy of which shall be filed in the Office of the City Clerk within
30 days after any such transfer or assignment. The consent of the
Council may not be unreasonably refused; provided, however, the proposed
assignee must show financial responsibility as determined by the Council,
and must agree to comply with all provisions of this chapter; and
provided, further, that no such consent shall be required for a transfer
in trust, mortgage or other hypothecation, in whole or in part, to
secure an indebtedness, except that when such hypothecation shall
exceed 50% of the market value of the property used by the franchisee
in the conduct of the cable television system, prior consent of the
Council shall be required for such a transfer. Such consent shall
not be withheld unreasonable.
2.
In the event that grantee is a corporation, prior approval of the City Council, expressed by ordinance, shall be required where there is an actual change in control or where ownership of more than 50% of the voting stock of grantee is acquired by a person or group of persons acting in concert, none of whom already own 50% or more of the voting stock, singly or collectively. Any such acquisition occurring without prior approval of the City Council shall constitute a failure to comply with a provision of this ordinance, within the meaning of Section 5.28.110 of this chapter.
E.
Time
shall be of the essence of any such franchise granted hereunder. The
grantee shall not be relieved of his or her obligation to comply promptly
with any of the provisions of this chapter by any failure of the City
to enforce prompt compliance.
F.
Any
right or power in or duty imposed upon any officer, employee, department
or board of the City shall be subject to transfer by the City to any
other officer, employee, department or board of the City.
G.
The
grantee shall have no recourse whatsoever against the City for any
loss, cost, expense or damage arising out of any provision or requirement
of this chapter or of any franchise issued hereunder, or because of
its enforcement.
H.
The
grantee shall be subject to all requirements of City laws, rules,
regulations and specifications heretofore or hereafter enacted or
established.
I.
Any
such franchise granted shall not relieve the grantee of any obligations
involved in obtaining pole or conduit space from any department of
the City, utility company, or from others maintaining utilities in
streets.
J.
Any
franchise granted hereunder shall be in lieu of any and all other
rights, privileges, powers, immunities and authorities owned, possessed,
controlled or exercisable by grantee, or any successor to any interest
of grantee, of or pertaining to the construction, operation or maintenance
of any cable television system in the City, and the acceptance of
any franchise hereunder shall operate, as between grantee and the
City, as an abandonment of any and all of such rights, privileges,
powers, immunities and authorities within the City, to the effect
that, as between grantee and the City, and all construction, operation
and maintenance by any grantee of any cable television system in the
City shall be, and shall be deemed and construed in all instances
and respects to be, under and pursuant to the franchise, and not under
or pursuant to any other right, privilege, power, immunity or authority
whatsoever.
(Ord. 136 §9, 1973)
Any grantee operating a franchise under this chapter shall adhere
to the Cable Television Rights and Privileges of Consumers which are
set forth as follows:
A.
Discrimination
regarding rates, charges, service, service facilities, rules or regulations
except for promotional activities is prohibited.
B.
Discrimination
based on race, color, religion, national origin or sex (includes federal,
State and local laws and regulations) is prohibited.
C.
Federal,
State and local regulations regarding equal employment opportunity
are required to be followed.
D.
To protect
privacy rights, no grantee shall disseminate information concerning
the individual patterns or practices without prior written consumer
authorization.
E.
To protect
privacy rights, no grantee shall disseminate any lists containing
the names and addresses of subscribers and/or the viewing liability
of individual subscribers without prior written authorization.
F.
Continuous
uninterrupted service is to be provided except for reasons beyond
the grantee's control.
(Ord. 91-306 §10)
A.
It is
the desire of the City that all cable television systems franchised
under this chapter shall, insofar as financially and technically possible,
be compatible one with another, and with systems adjacent to the City.
B.
Whenever
it is financially and technically feasible, the grantee shall so construct,
operate and modify the system so as to tie the same into all other
systems within and adjacent to the City.
(Ord. 136 §3, 1973)
A.
Within
30 days after acceptance of any franchise, the grantee shall proceed
with due diligence to obtain all necessary permits and authorizations
which are required in the conduct of its business, including but not
limited to any utility joint-use attachment agreements, microwave
carrier license, and any other permits, licenses and authorizations
to be granted by duly constituted regulatory agencies having jurisdiction
over the operation of cable television systems, or associated microwave
transmission facilities. In connection therewith, copies of all petitions,
applications and communications submitted by the grantee to the Federal
Communications Commission, Securities and Exchange Commission, or
any other federal or State regulatory commission or agency having
jurisdiction in respect to any matters affecting grantee's cable
television operations, shall also be submitted simultaneously to the
Chief Administrative Officer.
B.
Within
90 days after obtaining all necessary permits, licenses and authorizations,
including right of access to poles and conduits, grantee shall commence
construction and installation of the cable television system.
C.
Within
180 days after the commencement of construction and installation of
the system, grantee shall proceed to render service to subscribers,
and the completion of the installation construction shall be pursued
with reasonable diligence thereafter, so that service to all of the
areas designated and scheduled on the map and plan of construction
made part of the franchise shall be provided as set forth therein.
D.
Failure
on the part of the grantee to commence and diligently pursue each
of the foregoing requirements and to complete each of the matters
set forth herein shall be grounds for termination of such franchise.
By resolution, the Council, in its discretion, may extend the time
for the commencement and completion of installation and construction
for additional periods in the event the grantee, acting in good faith,
experiences delays by reason of circumstances beyond his or her control.
E.
By acceptance of the franchise granted under this chapter, the grantee agrees that failure to comply with any time requirements referred to in subsections A, B and C of this section will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay, and the grantee therefore agrees that, in addition to any other damage suffered by the City, he or she will pay to the City the sum of $50.00 per day for each and every day's delay beyond the item prescribed, plus authorized extensions thereof, for completion of any of the acts required to be done by this section and Sections 5.28.170 and 5.28.180.
(Ord. 136 §12, 1973)
A.
The
grantee shall utilize existing poles, conduits and other facilities
whenever possible, and shall not construct or install any new, different
or additional poles, conduits or other facilities, whether on public
property or on privately owned property, unless and until first securing
the written approval of the Chief Administrative Officer.
B.
Whenever
the grantee shall not utilize existing poles, conduits and other facilities,
or whenever existing conduits and other facilities shall be located
beneath the surface of the streets, or whenever the City shall undertake
a program designed to cause all conduits and other facilities to be
located beneath the surface of the streets in any area or throughout
the City, in the exercise of its police power or pursuant to the terms
hereof, upon reasonable notice to grantee, any such conduits or other
facilities of grantee shall be constructed, installed, placed or replaced
beneath the surface of the streets. Any construction, installation,
placement, replacement or changes which may be so required shall be
made at the expense of grantee, whose costs shall be determined as
in the case of public utilities.
C.
The
City shall have the right, free of charge, to make additional use,
for any public or municipal purpose, whether governmental or proprietary,
of any poles, conduits or other similar facilities erected, controlled
or maintained exclusively by or for grantee in any street, provided
such use by the City does not interfere with the use by grantee.
D.
In those
areas of the City where the transmission or distribution facilities
of the respective public utilities providing telephone, communication
and electric services are underground, or hereafter are placed underground,
the grantee likewise shall construct, operate and maintain all of
his or her transmission and distribution facilities underground. The
term "underground" means and includes a partial underground
system; provided, that upon obtaining the written approval of the
Chief Administrative Officer, amplifiers in the grantee's transmission
and distribution lines may be placed in appropriate housings upon
the surface of the ground.
E.
The
grantee, at his or her expense, shall protect, support, temporarily
disconnect, relocate or remove any property of grantee when, in the
opinion of the Chief Administrative Officer, the same is required
by reason of traffic conditions, public safety, street vacation, freeway
or street construction, change or establishment of street grade, installation
of sewers, drains, water pipes, power line, signal line, transportation
facilities, tracks, or any other types of structure or improvements
by governmental agencies, whether acting in a governmental or a proprietary
capacity, or any other structure or public improvement, including
but not limited to movement of buildings, urban renewal and redevelopment,
and any general program under which the City shall undertake to cause
all such properties to be located beneath the surface of the ground.
The grantee shall in all cases have the privilege, subject to the
corresponding obligations, to abandon any property of grantee in place,
as herein provided. Nothing hereunder shall be deemed a taking of
the property of the grantee, and the grantee shall be entitled to
no surcharge by reason of anything hereunder.
F.
Upon
the failure, refusal or neglect of the grantee to cause any work or
other act required by law or hereunder to be properly completed in,
on, over or under any street within any time prescribed therefor,
or upon notice given where no time is prescribed therefor, or upon
notice given where no time is prescribed, the Chief Administrative
Officer may cause such work or other act to be completed in whole
or in part, and upon so doing shall submit to grantee an itemized
statement of the costs thereof. The grantee shall, within 30 days
after receipt of such statement, pay to the City the entire amount
thereof.
(Ord. 136 §12, 1973)
A.
In the
event that:
1.
The
use of any part of the system for grantee is discontinued for any
reason for a continuous period of 30 days, without prior written notice
to an approval by the City; or
2.
Any
part of such system has been installed in any street or other area
without complying with the requirements of this chapter; or
3.
Any
franchise shall be terminated, canceled or shall expire; then the
grantee shall, at the option of the City, and at the expense of the
grantee and at no expense to the City, and upon demand of the City,
promptly remove from any streets or other area all property of grantee,
and grantee shall promptly restore the street or other area from which
such property has been removed to such condition as the Chief Administrative
Officer shall approve.
B.
The
Council may, upon written application therefor by the grantee, approve
the abandonment of any of such property in place by grantee, and under
such terms and conditions as the Council may prescribe. Upon abandonment
of any such property in place, grantee shall cause to be executed,
acknowledged and delivered to the City such instruments as the City
Attorney shall prescribe and approve, transferring and conveying the
ownership of such property to the City.
(Ord. 136 §12, 1973)
A.
Prior
to receiving any applications for franchises, the Council may adopt
rules, regulations and standards governing the operation of cable
television systems in the City. Such rules, regulations and standards
shall apply to and shall govern the operations of the grantee of any
franchise under this chapter, and are expressly declared a part of
any franchise hereunder.
B.
Rules,
regulations and standards not adopted prior to receiving any application
for a franchise shall be adopted by the Council at the first regular
meeting of the Council next following the effective date of the ordinance
codified in this chapter, by resolution, which shall become effective
upon adoption and shall be applicable to any application for a franchise
previously received.
C.
The
standards adopted shall govern the engineering, construction, installation,
service and maintenance of all cable television systems in the City
including but not limited to standards governing carrier levels, signal-to-noise
ratios, hum modulation, distortion levels, channel interactions and
interreactions.
D.
Provided
the same do not materially alter the content of the franchise without
consent of the grantee, the Council may at any time adopt new rules
or regulations or standards, or may amend, modify, delete or otherwise
change its respective rules or regulations or standards previously
adopted, in the following manner:
The Council shall pass its resolution of intention stating or
describing the rules or regulations or standards to be adopted, amended,
modified, deleted or otherwise changed, and fixing and setting forth
a day, hour and place certain when and where any persons having any
interest therein or objection thereto may appear before the Council
and be heard. Such resolution shall direct the City Clerk to publish
the same at least once within 10 days of the passage thereof in a
newspaper of general circulation within the City, and to mail a copy
of the same to any grantee or applicant for a franchise not more than
30 days nor less than 15 days prior to the item fixed for hearing
thereon.
E.
At the
time set for such hearing, or at any adjournment thereof, the Council
shall proceed to hear and pass upon such comments as may be presented.
Thereafter, the Council, by its resolution, may adopt, amend, modify,
delete or otherwise change its respective rules, regulations and standards.
Such determination by the Council shall be final and conclusive.
F.
Any
rule or regulation or standard, as adopted, amended, modified, deleted
or otherwise changed by the Council, shall become effective upon the
10th day following the adoption of such resolution, unless a longer
period shall be otherwise provided in such resolution.
(Ord. 136 §11, 1973)
The cable television system permitted to be installed and operated
under this chapter shall:
A.
Be operationally
capable of relaying to subscriber terminals those television and radio
broadcast signals for the carriage of which the grantee is now or
hereafter authorized by the Federal Communications Commission;
B.
Be constructed
with the potential of 2-way digital signal transmission;
C.
Distribute
color television signals which it receives in color;
D.
Provide
at least one channel, without charge, for exclusive use of the City;
E.
Provide
at least one channel each for those educational and public access
uses as now or hereafter required by the Federal Communications Commission
for systems operating in the top 100 markets;
F.
Have
a minimum capacity of 12 channels, one of which may be devoted to
system information, public service announcements, and/or advertising.
(Ord. 136 §3, 1973; Ord. 141 §1, 1974; Ord. 91-306 §11)
The cable television system permitted to be installed and operated
under this chapter may also engage in the business of:
A.
Transmitting
original cablecast programming not received through television broadcast
signals;
B.
Transmitting
television pictures, film and videotape programs, not received through
broadcast television signals, whether or not encoded or processed
to permit reception by only selected receivers or subscribers;
C.
Transmitting
and receiving all other signals, digital, voice and audio-visual.
(Ord. 136 §3, 1973)
A.
With
respect to the local government channel, the grantee shall provide,
at the request of the Chief Administrative Officer, and upon City
reimbursement of the grantee's actual cost, use of grantee's
studio, equipment and technical services for production of the live
and videotape municipal programs, subject to scheduling requirements
of the grantee.
B.
With
respect to the basic television services, the grantee shall provide
all subscriber services, and a tie-in connection, without cost, when
the system passes such facilities, and as designated by the Council,
to:
(Ord. 136 §3, 1973)
A.
Prior
to granting any franchise under this chapter, the Council, by resolution,
shall establish and fix all rates and charges for the basic service,
as defined in this chapter, allowable to the grantee, such as:
B.
Once
established, such rates or charges shall not be changed at any time
after granting of a franchise, except after due notice and hearing
as provided herein.
C.
Rates
and charges for services, other than the basic service, shall also
be approved by the Council by resolution, after due notice and hearing
as provided herein.
D.
In connection
with any proposed change of any rates or charges of the grantee to
subscribers initiated by the grantee, or the approval of rates for
additional services, at any time after the granting of a franchise,
the Council may direct the Chief Administrative Officer of the City
to conduct a preliminary hearing into the matter. If so directed by
the Council, the Chief Administrative Officer shall issue his or her
written notice fixing and setting forth the day, hour and place certain
when and where any persons having any interest therein may appear
and be heard.
E.
The
City Clerk shall cause such notice to be published in a newspaper
of general circulation within the City. The City Clerk also shall
cause a copy of such notice to be mailed to any grantee at least 10
days prior to the date specified for the hearing. At the time set
for such hearing, or at any adjournment thereof, the Chief Administrative
Officer shall proceed to hear the matter. Following the close of such
hearing, the Chief Administrative Officer shall prepare and file with
the City Council his or her report of the hearing, his or her findings,
and an opinion containing his or her recommendations and the reasons
therefor. After the expiration of 10 days following receipt of the
Chief Administrative Officer's report and opinion, and if no
objection has been filed thereto, the Council shall determine whether
to adopt the opinion or to hold a further hearing, and shall pass
its resolution of intention to do so, describing and stating any rates
or charges to be changed, the reasons of the Council therefor, fixing
and setting forth a day, hour and place certain when and where any
persons having any interest therein may appear before the Council
and be heard. Such resolution at least once within 10 days of the
passage thereof in a newspaper of general circulation within the City.
The City Clerk also shall cause a copy of such resolution to be mailed
to the grantee at least 10 days prior to the date specified for hearing
thereon.
F.
At the
time set for any further hearing, or at any adjournment thereof, the
Council shall proceed to hear the matter.
G.
If upon
receipt of report or opinion, and the expiration of such 10 days without
objection, or following the holding of a further hearing, if the Council
determines to do so, the Council shall find that the changing of any
rates or charges of the grantee to subscribers will be fair to the
system operator and not detrimental or injurious to the best interest
and welfare of the subscribers and users, and of the City, then the
Council, by resolution, shall authorize the change of rates or charges
of the grantee to subscribers and users as determined. Such resolution
shall thereupon become and shall be a part of any franchise granted
under this chapter and affected thereby.
H.
Neither
the Council nor the grantee shall, as to rates, charges, service facilities,
rules, regulations, or in any other respect, make or grant any preference
or advantage to any person, nor subject any person to prejudice or
disadvantage.
(Ord. 136 §11, 1973)
A.
No person,
firm or corporation within the service area of the grantee, and where
trunk lines are in place, shall be refused service; provided, however,
that the grantee shall not be required to provide service to any subscriber
who does not pay the applicable connection fee or service charge.
B.
Before
providing cable television service to any subscriber, the grantee
shall provide a written notice to the subscriber, substantially as
follows:
Subscriber is hereby notified that in providing cable television
service the grantee is making use of public rights-of-way within the
City of Guadalupe and that the continued use of such rights-of-way
is in no way guaranteed. In the event the continued use of such rights-of-way
is denied to grantee for any reason, grantee will make every reasonable
effort to provide service over alternate routes. By accepting cable
television service, subscriber agrees he or she will make no claim
nor undertake any action against the City of Guadalupe, its officers,
or its employees if the service to be provided hereunder is interrupted
or discontinued.
C.
The
form of the grantee's contract with the subscriber shall also
be subject to approval of the City.
(Ord. 136 §13, 1973)
In addition to other service regulations adopted by the Council, and excepting circumstances beyond grantee's control, such as acts of God, riots and civil disturbances, and in providing the services set out in Sections 5.28.200 and 5.28.210, the grantee shall:
A.
Limit
system failures to minimum time duration by locating and correcting
malfunctioning promptly, but in no event longer than 24 hours after
occurrence, irrespective of holidays or other nonbusiness hours;
B.
Upon
complaint by a subscriber, make a demonstration satisfactory to the
Chief Administrative Officer that a signal is being delivered which
is of sufficient strength and quality to meet the standards set forth
in the regulations of the Federal Communications Commission, or in
regulations hereafter adopted by the Council;
C.
Render
efficient service, making repairs promptly and interrupting service
only for good cause and for the shortest time possible, shall be preceded
by notice given to subscribers 24 hours in advance, and shall occur
during periods of minimum use of the system;
D.
Maintain
an office, which office shall be open during all the usual business
hours, with its telephone listed in directories of the telephone company
serving the City, and be so operated that complaints and requests
for repairs or adjustments may be received at any time, day or night,
7 days a week.
E.
Maintain
a written record of customer complaints, identifying the date, name
of the subscriber and the nature of the complaint, and action taken
by the cable operator. The record shall be kept for a period of 3
years from the date received and shall be available for inspection
by the City Administrator. A copy shall be sent to the City with quarterly
franchise payment.
F.
Limit
system failures, and corrections thereto, to no longer than 24 hours,
except when such failure is beyond the grantee's reasonable
control. In the event of continuously interrupted service in excess
of 24 hours, the grantee shall allow subscribers to apply for a rebate
of one-thirtieth of the subscriber monthly service fee for each day,
or part thereof, between the end of the 24-hour period and the time
service is restored to proper standards.
G.
In the
event grantee fails to operate the system for 4 consecutive days without
prior approval of the City or without just cause, the City may, at
its option, operate the system or designate an operator until such
time as the grantee restores service under conditions acceptable to
the City or a permanent operator is selected. If the City is required
to fulfill this obligation for the grantee, the grantee shall reimburse
the City for all reasonable costs or damages in excess of revenues
from the system received by the City that are the result of grantee's
failure to perform.
(Ord. 136 §3, 1973; Ord. 91-306 §§12—14)
A.
Nothing
herein shall be deemed or construed to impair or affect, in any way,
to any extent, the right of the City to acquire the property of the
grantee, either by purchase or through the exercise of the right of
eminent domain, at a fair and just value, which shall not include
any amount for the franchise itself or for any of the rights or privileges
granted, and nothing herein contained shall be construed to contract
away or to modify or abridge, whether for a term or in perpetuity,
the City's right of eminent domain.
B.
There
is reserved to the City every right and power which is required to
be herein reserved or provided by any law, and the grantee, by its
acceptance of the franchise, agrees to be bound thereby and to comply
with any action or requirements of the City in its exercise of such
rights or power, heretofore or hereafter enacted or established.
C.
There
is reserved to the City the power to amend any section of this chapter
so as to require additional or greater standards of construction,
operation, maintenance or otherwise, on the part of the grantee, to
reflect technical and economic changes occurring during the franchise
term, and to enable the City and the grantee to take advantage of
new developments in the cable television industry so as to more effectively,
efficiently and economically serve the public.
D.
Neither
the granting of any franchise nor any provision hereof shall constitute
a waiver or bar to the exercise of any governmental right or power
of the City.
E.
The
Council may do all things which are necessary and convenient in the
exercise of its jurisdiction under this chapter, and may determine
any question of fact which may arise during the existence of any franchise
granted hereunder. The Chief Administrative Officer, with the approval
of the City Attorney, is hereby authorized and empowered to adjust,
settle or compromise any controversy or charge arising from the operations
of any grantee under this chapter, either on behalf of the City, the
grantee, or any subscriber, in the best interest of the public. Either
the grantee or any member of the public who may be dissatisfied with
the decision of the Chief Administrative Officer may appeal the matter
to the Council for hearing and determination. The Council may accept,
reject or modify the decision of the Chief Administrative Officer,
and the Council may adjust, settle or compromise any controversy or
cancel any charge arising from the operations of the grantee or from
any provision of this chapter.
(Ord. 136 §10, 1973)
A.
In the
carrying out of the construction, maintenance and operation of the
cable television system, the grantee shall not discriminate against
any employee or applicant for employment because of race, creed, color,
sex or national origin.
B.
The
grantee shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, creed, color, sex or national origin. Such action
shall include, but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
C.
The
grantee shall post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of
this nondiscrimination clause.
D.
The
grantee shall, in all solicitations or advertisements for employees
placed by or on behalf of the grantee, state that all qualified applicants
will receive consideration for employment without regard to race,
creed, color, sex or national origin.
E.
The
grantee shall incorporate the foregoing requirements in all of its
contracts for work relative to construction, maintenance and operation
of the cable television system, other than contracts for standard
commercial supplies or raw materials, and shall require all of its
contractors for such work to incorporate such requirements in all
subcontracts for such work.
(Ord. 136 §14, 1973)
A.
If the
Federal Communications Commission or the Public Utilities Commission
of the State, or any other federal or State body or agency shall now
or hereafter exercise any paramount jurisdiction over the subject
matter of any franchise granted under this chapter, then to the extent
such jurisdiction shall preempt or preclude the exercise of like jurisdiction
by the City, the jurisdiction of the City shall cease and no longer
exist.
B.
The
preemption or preclusion of the exercise by the City of any of its
police power shall not diminish, impair, alter or affect any contractual
benefit to the City or grantee, nor any contractual obligation of
the grantee under any franchise issued under this chapter.
C.
Any
and all minimum standards governing the operation of grantee and any
and all maximum rates, ratios and charges specified herein or in any
franchise issued hereunder, existing now and at any time in the future,
including such time as any paramount jurisdiction shall preempt or
preclude that of the City, and any and all rights, powers, privileges
and authorities of the City to determine, establish or fix any of
the same, are each and all hereby declared by the City and by any
grantee accepting any franchise hereunder to be contractual in nature
and to be for the benefit of the City.
(Ord. 136 §13, 1973)
A.
A franchise
granted to provide service within the City shall authorize and permit
the grantee to solicit, sell, distribute and make a charge to subscribers
within the City for connection to the cable television system of the
grantee, and shall also authorize and permit the grantee to traverse
any portion of the City in order to provide service outside the City.
B.
A franchise,
easement, license or other permit granted to anyone other than the
grantee to traverse any portion of the City in order to provide service
outside the City shall not authorize nor permit such person to solicit,
sell, distribute or make any charge to subscribers within the City,
nor to render any service or connect any subscriber within the City
to the cable television service system of grantee.
C.
No franchise
granted under this chapter shall ever be given any value by any court
or other authority, public or private, in any proceeding of any nature
or character, wherein or whereby the City shall be a party or affected
therein or thereby.
D.
Grantee
shall be subject to all provisions of the other ordinances, rules,
regulations and specifications of the City heretofore or hereafter
adopted, including but not limited to those pertaining to works and
activities in, on, over, under and about streets.
E.
Any
privilege claimed under any franchise granted pursuant to this chapter
in any street or other public property shall be subordinate to any
prior lawful occupancy of the streets or other public property.
F.
Grantee
shall also be subject to the provisions of general laws of the State,
or as hereafter amended, when applicable to the exercise of any privilege
contained in any franchise granted under this chapter, including but
not limited to those pertaining to works and activities in and about
State highways.
(Ord. 136 §13, 1973)
When not otherwise prescribed in this chapter, all matters herein
required to be filed with the City shall be filed with the City Clerk.
(Ord. 136 §13, 1973)
It is unlawful for any person, firm or corporation to make or
use any unauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of a franchised
cable television system within the City for the purpose of enabling
him or herself or others to receive or use any television signal,
radio signal, picture, program or sound without payment to the owner
of said system.
(Ord. 136 §15, 1973)
It is unlawful for any person, without the consent of the owner,
to wilfully tamper with, remove or injure any cables, wires or equipment
used for distribution of television signals, radio signals, pictures,
programs or sound.
(Ord. 136 §15, 1973)
From and after the effective date of the ordinance codified
in this chapter, it is unlawful for any person to construct, install
or maintain within any public street in the City, or within any other
public property of the City, or within any privately owned area within
the City which has not yet become a public street but is designated
or delineated as a proposed public street on any tentative subdivision
map approved by the City, any equipment or facilities for distributing
any television signals or radio signals through a cable television
system, unless a franchise authorizing such use of such street or
property or area has first been obtained pursuant to the provisions
of this chapter, and unless such franchise is in full force and effect.
(Ord. 136 §15, 1973)
