For the purpose of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning 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:
"Cable television system," "CATV," and "CTV,"
for the purpose of this ordinance, are terms describing a system employing antennae, microwave, wires, wave-guides, coaxial cables, or other conductors, equipment or facilities, designed, constructed or used for the purpose of:
1. 
Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;
2. 
Transmitting original cablecast programming not received through television broadcast signals;
3. 
Transmitting television pictures, film and video-tape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers;
4. 
Transmitting and receiving all other signals: digital, voice and audiovisual; 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.
"City"
means the city of Hawthorne, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
"Council"
means the governing body of the city of Hawthorne or any future board constituting the legislative body of the city.
"Chief administrative officer"
means the city manager, city administrator, or other designation of the city's chief executive officer, or any designee thereof.
"Franchise"
means and includes any authorization granted hereunder 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 granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of this city.
"Grantee"
means the person, firm or corporation granted a franchise by the council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.
"Person"
means any natural person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, and societies.
"Property of grantee"
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.
"Street"
means the surface, the air space 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.
"Subscriber" or "user"
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 broadcast, 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 communication.
(Ord. 1196 § 1, 1979)
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. 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.
B. 
When and in the event that the grantee of any franchise granted hereunder uses in his 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 said grantee makes no use of the streets independent of such telephone company-furnished facilities, said grantee shall be required to comply with all of the provisions hereof as a "licensee" and in such event whenever the term "grantee" is used herein it shall be deemed to mean and include "licensee."
C. 
The specifications and requirements contained in this chapter are deemed to be minimum specifications and requirements with which all grantee's operating under the provisions of this chapter must comply. The grantor may, pursuant to a franchise agreement, impose greater or additional specifications and requirements upon a grantee and in the event of any conflict between the terms of this chapter, and any franchise granted pursuant to it, the provision which constitutes the greatest benefit to the city, in the determination of the city council, shall prevail.
(Ord. 1196 § 1, 1979.; Ord. 1269 § 1, 1982)
A. 
Basic Service. The cable television system permitted to be installed and operated hereunder shall:
1. 
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;
2. 
Be constructed with the potential of two-way signal transmission;
3. 
Distribute color television signals which it receives in color;
4. 
Provide at least one channel, without charge, for exclusive use of the city;
5. 
Provide at least one channel each for educational and public access uses.
B. 
Non-basic Services. The cable television system permitted to be installed and operated hereunder, may also engage in the business of:
1. 
Transmitting original cablecast programming not received through television broadcast signals;
2. 
Transmitting television pictures, film and video-tape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers;
3. 
Transmitting and receiving all other signals: digital, voice and audiovisual.
C. 
Subscriber Complaints. 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 foregoing services, the grantee shall:
1. 
Limit system failures to minimum time duration by locating and correcting malfunctioning promptly, but in no event longer than twenty-four hours after occurrence, irrespective of holidays or other nonbusiness hours;
2. 
Upon complaint by a subscriber, make a demonstration satisfactory to the city manager or his designee 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;
3. 
Render efficient service, making repairs promptly and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to subscribers twenty-four hours in advance and shall occur during periods of minimum use of the system;
4. 
Maintain an office in the city, 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 adjustment may be received at any time, day or night, seven days a week, or provide a local telephone directory listing and "toll free" telephone service maintained on a seven-day, twenty-four hour basis for the receipt of consumer complaints;
5. 
Maintain a written record, or "log," listing date of customer complaints, identifying the subscriber and describing the nature of the complaint, and when and what action was taken by grantee in response thereto; such record shall be kept at grantee's local office, for a period of five years from the date of complaint, and shall be available for inspection during regular business hours without further notice or demand, by the city manager or his designee.
D. 
Municipal Service.
1. 
With respect to the local government channel, the grantee shall provide, at no cost to the grantor, use of grantee's studio, equipment and technical services for production of live and video-tape municipal programs;
2. 
With respect to the basic television services, the grantee shall provide all subscriber services, and a tie-in connection, without cost to:
a. 
All public schools and community colleges within the city,
b. 
Buildings owned or controlled by the city, for public uses and not for residential use, and
c. 
Those buildings and institutions specified in the franchise agreement.
E. 
Compatibility and Connectibility.
1. 
It is the desire of the city that all cable television systems franchised hereunder shall, insofar as financially and technically possible, be compatible one with another and with systems adjacent to the city.
2. 
Wherever 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.
F. 
Uses Permitted. 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, so to 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. 1196 § 1, 1979.; Ord. 1269 §§ 2, 3, l982)
In consideration of the granting and exercise of a franchise to use the streets, as herein defined, for the operation of a cable television system, any grantee shall pay to the city, during the life of the franchise, five percent of the franchisee's gross revenues per year from all cable television services in the community. Until such time as the grantor is entitled to collect the full five percent franchise fee, through either the granting of a waiver of the franchise fee limitations of Section 76.31 of the Rules and Regulations of the Federal Communications Commission, or a change or nonenforcement policy in those rules and regulations, the grantor shall collect only a three percent franchise fee.
(Ord. 1269 § 4, 1982)
A. 
The franchise granted by the council under this chapter shall be for a term of fifteen years from the date of its acceptance by the grantee. During the fourteenth year of the franchise, the grantee may apply to the council for a renewal of the franchise. Permission to renew for additional terms of fifteen years shall not be unreasonably withheld if the grantee has substantially complied with the terms and conditions of the existing franchise.
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 ordinance, or any material rule or regulation of the council or city manager validly adopted pursuant to this chapter.
C. 
The city manager 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 thirty days following such written demand, the city manager may place his request for termination of the franchise upon the next regular council meeting agenda. The city manager shall cause to be served upon such grantee, at least ten days prior to the date of such council meeting, a written notice of his 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 ten days before such meeting in a newspaper of general circulation within the city.
D. 
The council shall consider the request of the city manager 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 such grantee shall be terminated and forfeited unless there be 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 provision of law.
H. 
In the event of any holding over after expiration of any franchise granted hereunder, 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 one hundred percent of its gross revenue during such period.
(Ord. 1196 § 1, 1979)
A. 
Each application for a franchise to construct, operate or maintain any cable television systems in this city shall be filed with the director of licensing and code enforcement 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 address of all officers, persons and entities having, controlling, or being entitled to have or have control of five percent 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 or owned or controlled 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 a 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 this city,
f. 
A statement identifying, by place and date, any other cable television franchise awarded to the applicant, its parent or subsidiary; the status of such franchise with respect to completion thereof; the total cost of completion of such system; and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof.
B. 
A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:
1. 
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;
2. 
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 said classifications, including installation charges and service charges;
3. 
A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant and that such standards of operations are in compliance with those contained in Title 47, subpart K (Section 76.601 et seq.), of the Rules and Regulations of the Federal Communications Commission;
4. 
A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber;
5. 
A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral or implied, 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.
C. 
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.
D. 
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.
E. 
An application fee in the sum of one thousand dollars, 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 otherwise processing the application; provided, that any applicant who shall deliver to the director of licensing and code enforcement a written withdrawal of or cancellation of any application hereunder, not later than the seventh day next following the day such application is received by the director of licensing and code enforcement, shall be entitled to have returned and refunded the sum of one thousand dollars, less any actual costs or expenses incurred by the city by reason of such application, It is further provided, that to the extent city's costs exceed the successful applicant's application fee, city shall have the right to recover the excess costs from the successful applicant as a condition precedent to issuance of the franchise.
F. 
1. 
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.
2. 
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 thirty days after the city furnishes the grantee with a written statement of such expenses.
G. 
Upon receipt of any application for franchise, the council shall refer the same to the city manager who shall prepare a report and make his or her recommendations respecting such application and file same with the council.
H. 
1. 
In making any determination hereunder as to any application the council may give due consideration to the quality of the service proposed, rates to subscriber, income to the city, experience, character, background and financial responsibility of any applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, and to abide by policy conditions, franchise limitations and requirements, and any other considerations deemed pertinent by the council for safeguarding the interests of the city and the public. The council, in its discretion, shall determine the award of any franchise on the basis of such considerations and without competitive bidding.
2. 
If the council shall determine to reject such application, such determination shall be final and conclusive, and the same shall be deemed rejected.
I. 
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 director of licensing and code enforcement, 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 director of licensing and code enforcement to publish such resolution at least once within ten days of the passage thereof in a newspaper in general circulation within the city.
J. 
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 the terms and conditions different from those specified in the resolution of intention to grant the same.
K. 
If the council shall determine that a franchise be denied, such determination shall be expressed by resolution and shall be final and conclusive.
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 resolution, or agreement, in the discretion of the council, granting a franchise to the applicant. If the council shall choose to grant 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 the granting of a franchise by ordinance, resolution, or agreement, in the discretion of the council.
(Ord. 1196 § 1, 1979.; Ord. 1269 § 5, 1982; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
A. 
Performance Deposit to City. The grantee shall, concurrently with the filing of an acceptance of award of the franchise granted under this chapter, deposit in a financial institution selected by the city the sum of fifty thousand dollars in a joint account with the grantee and the city as cosignators. This sum shall be maintained in an interestbearing joint account during the period of construction of the cable television system within the city limits, but in no event in excess of five years. The return of the sum plus interest earned, to the grantee shall be conditioned upon the faithful performance of the grantee, and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of this chapter or of the franchise issued to the grantee hereunder, there shall be recoverable from this sum any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed herein which may be in default, plus a reasonable allowance for the attorneys' fees and costs, up to the full amount of the account.
B. 
Performance Bond for Subscribers. Upon being granted a franchise, and upon filing of the acceptance required under Section 5.86.080, the grantee shall file, annually, with the director of licensing and code enforcement 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. 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 grantee and any subscriber, then there shall be recoverable 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 such 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.
C. 
Hold Harmless Agreement. Grantee shall defend, indemnify and hold harmless the city, its officers, boards, commissions, agents and employees against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages (including but not limited to damages to city property and damages arising out of copyright or patent infringements, and damages arising out of any failure by 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 all liability to others, 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 hereunder by grantee, or the granting thereof by the city.
D. 
Defense of Litigation.
1. 
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, quasijudicial, administrative, legislative, or otherwise, brought or instituted or had by third person 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.
2. 
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 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 grantee nor 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.
E. 
Insurance Required. Upon being granted a franchise, and upon the filing of the acceptance required under Section 5.86.080, the grantee shall file with the director of licensing and code enforcement 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:
1. 
General comprehensive liability insurance in the amount of one million dollars, together with bodily injury liability insurance in an amount not less than one million dollars for injuries including accidental death, to any one person, and subject to the same limit for each person in an amount not less than five hundred thousand dollars on account of any one occurrence, and property damage liability insurance in an amount not less than one hundred thousand dollars 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 grantee or any other entity or person, it shall contain the standard cross-liability endorsement.
(Ord. 1196 § 1, 1979.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
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 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 such 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 fortieth day next following the effective date of the ordinance granting such franchise.
C. 
In default of the filing of such written acceptance as herein required, 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 director of licensing and code enforcement. 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 execrable by the grantee, of or pertaining to the construction, operation or maintenance of any cable television systems in the city.
(Ord. 1196 § 1, 1979.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
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 to 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 city council expressed by resolution, and then only upon such conditions as may therein be described. Any transfer or assignment shall be made only by 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 director of licensing and code enforcement within thirty days after any such transfer or assignment. In the event that grantee is a corporation, prior approval of the city council, expressed by resolution, shall be required when there is an actual change in control or where ownership of more than ten percent of the voting stock changes ownership. Any such acquisition occurring without prior approval of the city council shall constitute a failure to comply with the provision of this chapter within the meaning of Section 5.86.050 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 impressed 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 execrable 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 such franchise, and not hereunder or pursuant to any other right, privilege, power, immunity or authority whatsoever.
(Ord. 1196 § 1, 1979.; Ord. 1269 § 6, 1982; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
The city reserves the power to adopt and enforce requirements and regulations on any or all of the following matters, if and when deemed necessary and proper in the public interest in the discretion of the city council and is consistent with Rules and Regulations of the Federal Communications Commission:
A. 
Procedures for the periodic fixing of reasonable rates and service charges to be charged to subscribers by grantee, and provisions for the enforcement thereof;
B. 
Operational standards pertaining to the quality of audiovisual reception by subscribers;
C. 
Channel capacity requirements;
D. 
Requirements for carriage of specified television signals, radio signals and supplementary signal carriage services;
E. 
Requirements for the provision of equipment and channels for local production and presentation of cablecast programs, and regulations pertaining thereto;
F. 
Requirements and regulations pertaining to minimum service requirements and fair business practices by the grantee;
G. 
Public safety requirements pertaining to the installation and use of all CATV equipment;
H. 
Procedures for the investigation and resolution of all complaints by subscribers regarding grantee's CATV operations, including implementation thereof by designated city officers, employees or agents;
I. 
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;
J. 
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.
K. 
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.
L. 
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 city manager, with the approval of the city attorney, is 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 city manager may appeal the matter to the council for hearing and determination. The council may accept, reject or modify the decision of the city manager, and the council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of the grantee or from any provisions of this chapter.
(Ord. 1196 § 1, 1979)
A. 
Standards of Operation.
1. 
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 hereunder, and are expressly declared a part of any franchise under this chapter.
2. 
Rules, regulations and standards not adopted prior to receiving any application for a franchise may be adopted by the council at subsequent meetings of the council 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.
3. 
The standards adopted pursuant to these procedures shall be exclusively in those areas not either expressly or impliedly preempted by the Federal Communications Commission at the time of adoption.
4. 
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:
a. 
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 ten 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 thirty days nor less than fifteen days prior to the time fixed for hearing thereon.
b. 
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.
c. 
Any rule or regulation or standard as adopted, amended, modified, deleted, or otherwise changed by the council shall become effective upon the tenth day following the adoption of such resolution, unless a longer period shall be otherwise provided in such resolution.
B. 
Rates. Unless and until the city adopts an ordinance establishing procedures for the periodic fixing of reasonable rates pursuant to Section 5.86.100, the following limitations shall apply to the rates charged to subscribers by grantee:
1. 
No increase in rates beyond those represented to a subscriber at the time of initiation of service to such subscriber shall he applied to such subscriber for a period of not less than one year thereafter, except for such additional installations or services as may be requested by such subscriber during such period.
2. 
No increase in rates shall be imposed upon subscribers except after thirty days' prior notice to subscribers.
3. 
No charge shall be imposed upon any subscriber for termination of CATV service or removal of CATV apparatus upon termination of such service. No rate or charge of any type shall be imposed on a subscriber after receipt of notice of termination from such subscriber, unless such subscriber withdraws such notice prior to actual termination of service.
4. 
No charge shall be made to any subscriber by reason of the maintenance, repair, removal, or replacement of any CATV apparatus, or property of grantee, unless the same was caused by the deliberate or negligent act of such subscriber.
5. 
Except as otherwise provided by paragraph 1 of this subsection B, grantee shall not charge different rates to subscribers within the same class of service, nor shall there be any difference in the services or facilities or in any other respect between subscribers within the same class, except that installation charges may vary according to the costs of installation. No grantee shall make or grant any preference to any corporation or person as to rates, charges, services, facilities, or rebates, or in any other respect, nor subject any corporation or person to any prejudice or disadvantage.
(Ord. 1196 § 1, 1979)
A. 
1. 
Within thirty 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 licenses and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the cable television systems, or associated microwave transmission facilities, and all required building permits and city business licenses.
2. 
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 city manager.
B. 
Within ninety 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 one hundred eighty 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 and 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. 
1. 
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 city manager.
2. 
Whenever 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 the grantee, whose costs shall be determined as in the case of public utilities.
E. 
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 city does not interfere with the use by grantee.
F. 
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 transmission and distribution facilities underground. The term "underground" shall include a partial underground system; provided, that upon obtaining the written approval of the city manager, amplifiers in the grantee's transmission and distribution lines may be placed in appropriate housings upon the surface of the ground.
G. 
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 city manager 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 or 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 grantee, and grantee shall be entitled to no surcharge by reason of anything hereunder.
H. 
Upon the failure, refusal, or neglect of 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, the city manager 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 thirty days after receipt of such statement, pay to the city the entire amount thereof.
I. 
In the event that:
1. 
The use of any part of the system of grantee is discontinued for any reason for a continuous period of thirty days, without prior written notice to and 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 hereof; or
3. 
Any franchise shall be terminated, cancelled, 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 city manager shall approve.
The council may, upon written application therefor by 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. 1196 § 1, 1979)
A. 
The performance of grantee's cable television system shall meet the technical standards as set forth in Section 76.605 or any successor section of the Federal Communication Commission's Rules, as those standards may exist from time to time.
B. 
Grantee shall conduct performance tests in accordance with the requirements of Section 76.601 or any successor section of the Federal Communication Commission's Rules, as these requirements may apply or be extended from time to time.
(Ord. 1196 § 1, 1979)
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 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 said 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. 
1. 
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.
2. 
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.
3. 
Grantee also shall be subject to the provisions of general laws of the state of California, 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.
E. 
Grantee shall he prohibited from directly or indirectly doing any of the following:
1. 
Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets or radios;
2. 
Imposing a fee or charge for any service or repair to subscriber owned receiving devices except for the connection of its service or for the determination by grantee of the quality of its signal to the recipients thereof;
3. 
Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in by grantee.
4. 
Providing information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose.
F. 
When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the director of licensing and code enforcement.
G. 
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.
H. 
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 Hawthorne 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 will make no claim nor undertake any action against the City of Hawthorne, its officers, or its employees if the service to be provided hereunder is interrupted or discontinued."
I. 
The form of the grantee's contract with the subscriber shall also be subject to approval of the city.
(Ord. 1196 § 1, 1979.; Ord. 1269 § 7, 1982; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
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 of training, including apprenticeship.
C. 
The grantee shall post in conspicuous places, available to employees and applicants for employment, notices 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 shall 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. 1196 § 1, 1979)
A. 
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.
B. 
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 this city for the purpose of enabling himself or others to receive or use any television signal, radio signal, picture, program or sound, without payment to the owner of such system.
C. 
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. 1196 § 1, 1979)
If any section or provision of this chapter, or of a franchise awarded pursuant to it, is held to be invalid or unenforceable, or is preempted by federal or state regulations or law, or by a court of competent jurisdiction, grantor shall thereupon make a determination of the effect upon the public interest caused thereby. If the grantor shall find that a negative and material effect has been produced then an involuntary modification contrary to the public interest shall be deemed to have occurred. Such an occurrence shall immediately terminate any franchise issue hereunder which is so effected.
(Ord. 1196 § 1, 1969; Ord. 1269 § 8, 1982)