This chapter provides general direction governing the award and operation of cable television franchises. Individual franchises may differ, subject to their respective franchise ordinances. This chapter and individual franchise ordinances are intended to complement each other and to be read together. To the extent that the public interest can be reasonably served, the city intends to rely wherever possible on competitive factors and the marketplace to oversee cable franchises. However, the city reserves all rights under federal and state law to regulate its cable franchises.
(Ord. 607 § 1, 2004)
For the purposes of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the following meanings. Except where specifically conflicting with the definitions below, this chapter incorporates by reference the cable communication definitions in Federal Communications Commission (FCC) Rules and Regulations, adopted from time to time, including but not limited to those set forth in Title 47, Code of Federal Regulations, Part 76, Section 76.5, Definitions. 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.
"Affiliate"
means a person, individual, firm, organization, corporation, partnership, association, limited liability company, joint stock or other company, business or legal entity that, directly or indirectly, is owned or controlled by, or is under the common ownership or control with, another person, individual, firm, organization, corporation, partnership, association, limited liability company, joint stock or other company, business or legal entity.
"Basic service"
means the service tier provided by the grantee as required under 47 U.S.C. Section 543 (b)(7). Basic service does not include optional program and satellite service tiers, a la carte services, per channel, per program, or auxiliary services for which a separate charge is made.
"Cable act"
means the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, and as may be amended in the future.
"Cable communication system" or "cable system"
means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:
1. 
A facility that serves only to retransmit the television signals of one or more television broadcast stations;
2. 
A facility that serves subscribers without using, or connecting to a facility that uses, any public right-of-way within the city;
3. 
A facility of a common carrier that is subject in whole or in part, to the provisions of Title II (Common Carriers) of the Federal Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
4. 
Any facilities of any electric utility used solely for operating its electric utility systems; or
5. 
An "open video system" that complies with Section 653 of the Telecommunications Act of 1996.
"Cable service"
means cable service as defined by the Cable Act and shall include transmission to subscribers of (1) video programming, or (2) other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service; and (3) any other services within the definition of cable service under federal law, as it currently exists or may hereafter be amended.
"City"
means the city of Rio Vista, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
"City council"
means the present governing body of the city or any future board constituting the legislative body of the city.
"City manager"
means the city manager of the city of Rio Vista or any other officer or employee of the city of Rio Vista designated by the city manager to act in the city manager's place.
"Federal Communications Commission" and "FCC"
means the Federal Communications Commission of the United States of America.
"Franchise"
means and includes an authorization granted by the city to a grantee, giving the grantee the nonexclusive right to occupy the space, or use facilities upon, across, beneath, or over public rights-of-way in the city to provide cable services. A permit is not a franchise.
"Franchise area"
means the area within the city throughout which grantee shall be authorized to construct, maintain and operate its cable system and shall include any additions thereto.
"Grantee"
means the person, firm or corporation to whom or which a franchise, as defined in this section, is granted by the council under this chapter, and the lawful successor, transferee or assignee of said person, firm, or corporation.
"Gross revenues"
means all revenue collected by the grantee from the operation of the cable system to provide cable services within the city. Gross revenues shall include, without limitation: periodic fees charged subscribers for any cable service, including but not limited to, basic, optional, premium, per-channel or per-program service; franchise fees; installation and reconnection fees; leased channel fees; converter rentals and/or sales; program guide revenues; upgrade, downgrade or other change-in-service fees; advertising and home shopping services provided, however, that this shall not include any taxes on services furnished by the grantee imposed in this chapter directly upon any subscriber or user by the state, local or other governmental unit and collected by the grantee on behalf of the governmental unit. Gross revenues shall be construed broadly to include revenues of affiliates, other than those revenues which are already treated as revenues of the franchisee, where necessary, to prevent avoidance of fees owed on gross revenues.
"PEG"
means public, educational and government programming on charnel(s) designated for these purposes.
"Subscriber"
means any person or entity legally receiving for any purpose the cable service of a grantee.
(Ord. 607 § 1, 2004)
A. 
Nonexclusive Franchise. A nonexclusive franchise to establish, construct, operate and maintain a cable system within a franchise area may be granted by the city council by ordinance, to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to provide such system under and pursuant to the terms of this chapter.
B. 
Operation of a Cable System. 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 system within the city in accordance with federal and state law, the provisions of this chapter and the ordinance granting a franchise. Such franchise shall also authorize the grantee to erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets and other public places within the designated franchise area, subject to this chapter and the individual ordinance granting a franchise. Such franchise shall also authorize grantee to maintain and operate such franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals and for the delivery of cable services, and such other services as may be permitted by law.
C. 
City Not Required to Grant a Franchise. No provision of this chapter may be deemed or construed as to require the granting of a franchise when the city council determines it is in the public interest not to do so.
D. 
Unauthorized Cable System Prohibited. If a cable system is established, constructed, operated or maintained within the city without the franchise required by this chapter, the city may notify the person, business or entity operating the cable system of the franchise requirement. If the operator continues the unauthorized operation for 30 days after such notice from the city, the operator shall forfeit to the city all gross revenues from the system for so long as such unauthorized operation continues. The city may also pursue any civil or criminal remedies, including but not limited to obtaining injunctive relief, to immediately enjoin the continued unauthorized operation.
(Ord. 607 § 1, 2004)
A. 
Maximum Term. No franchise shall be for a term longer than 10 years following the commencement of the term of the franchise unless the city determines that it is in the public interest to grant a franchise with a term longer than 10 years.
B. 
Early Termination. Any franchise granted under this chapter may be terminated prior to its date of expiration by the city in the event that the city council finds based on substantial evidence, after no less than 30 days notice of any proposed termination and following a public hearing at which grantee shall have the right to present testimony and cross examine witnesses, that:
1. 
The grantee has failed to comply with any material provision of this chapter or, by act or omission, has violated any material term or condition of any franchise or permit issued hereunder; or
2. 
The grantee has failed to implement an acceptable plan for correction or refused to correct any deficiency for a period of 60 days after notice by the city as provided in this chapter, or any extensions granted by the city;
3. 
The city acquires the cable system of the grantee.
C. 
Deficiencies and Corrections. At any time when deficiencies in performance are brought to the attention of the city manager, the city manager may order the grantee to correct the deficiency(ies) or failure(s) to comply with the terms of this chapter and the franchise. Except in cases of emergencies the city manager shall provide a period of at least 60 days to bring the franchise into compliance with its terms and the terms of this chapter.
1. 
A grantee may request an extension of time to correct a deficiency by making a request in writing to the city manager with a statement on the reasons why such deficiency cannot be fully corrected within the 60 days. The city manager shall consider the request and may grant or deny such request as the city manager deems proper and appropriate. The grantee may appeal this decision to the city council in writing within 10 days of the city manager's denial. The city council shall hear the request and the city council's decision on the request shall be final.
2. 
If the grantee fails or refuses to correct a deficiency within 60 days of the order of the city manager or any extensions granted by the city manager or the city council, the grantee shall pay to the city a penalty as determined by the city council of up to $1,000 plus $100 per calendar day, including the first day, for each day the deficiency continues. Separate fines may be imposed for each deficiency noted in the correction order.
3. 
If the grantee fails or refuses to correct the deficiency(ies) as required by the city manager or the city council within the time for compliance established by the city manager or the city council, the city manager may recommend to the city council that, in addition to any other remedies available to the city, the franchise be terminated.
(Ord. 607 § 1, 2004)
Grantee's rates and charges for cable service shall be subject to regulation by the city to the full extent authorized by applicable state and federal law. The city retains the right at any time during the term of any franchise granted hereunder, to institute regulation of rates and charges, as such regulations may be permitted or authorized under the then current state or federal law.
(Ord. 607 § 1, 2004)
A. 
The grantee shall pay to the city franchise fees in an amount equal to five percent of annual gross revenue, or such higher amount as may be authorized by federal law. The payment of franchise fees shall be made on a quarterly basis and shall be due 45 days after the close of each calendar quarter. Each franchise fee payment shall be accompanied by a certified report from a representative of the grantee, which shows the basis for the computation of all gross revenue during the period for which such franchise fee payment is made.
B. 
No other fee, charge or consideration shall be imposed except such business license fees, construction, development and inspection, and permit fees as set by the city and applicable to qualifying businesses and individuals in the community.
(Ord. 607 § 1, 2004)
In the event that the grantee does not make any payments required by this chapter or by the ordinance granting a franchise on or before the date due, a late payment penalty shall accrue at a rate of one and onehalf percent per month on the unpaid amount until paid.
(Ord. 607 § 1, 2004)
The grantee shall indemnify, defend and hold harmless the city and its officers, officials, employees, and agents from and against any and all liability, loss, damage, expense, costs (including litigation costs and attorneys' fees) of every nature arising out of or in connection with the grantee's enjoyment of the franchise hereunder, or its failure to comply with any of its obligations contained in the ordinance granting a franchise or this chapter, or arising out of the construction, installation, maintenance, operation or removal of its cable system, except such loss or damage that was caused by the negligence or willful misconduct of the city.
(Ord. 607 § 1, 2004)
The grantee shall provide the city manager with evidence of insurance coverage in the amount and form as approved by the city manager and as specified in the franchise agreement. Such amounts shall be set forth from time to time by resolution of the city council consistent with the franchise.
(Ord. 607 § 1, 2004)
Every grantee shall obtain and maintain a performance bond to ensure the faithful performance of its responsibilities under this chapter and any franchise ordinance. In the case of any franchise ordinance that requires the cable communications system operator to initially build, or to upgrade a system, the amount of the bond shall be in an amount sufficient to ensure that the required construction is satisfactorily completed. The amount of the bond may be reduced upon successful completion of the required construction. The amount of the performance bonds shall be set by the city manager or may be set in a franchise ordinance in light of the nature of the work to be performed pursuant to or under the franchise, but initially shall not be less than 10% of the estimated cost of constructing or (in the case of existing systems) upgrading the cable communications system. After construction of upgrading of the cable system is completed, the bond may be reduced to an amount not less than five percent of the construction cost of such other amount as set forth in the franchise agreement and shall remain on file for the term of the franchise to secure faithful performance of the franchise obligations. The bond is not in lieu of any additional bonds that may be required through any permitting process. The bond shall be in a form acceptable to the city attorney. Bonds must be obtained prior to the effective date of any franchise, transfer or franchise renewal, unless a franchise ordinance specifically provides otherwise.
(Ord. 607 § 1, 2004)
Each franchise ordinance may contain a provision specifying liquidated damages payable to the city in the event of a breach of a franchise obligation where damages would otherwise be difficult to ascertain.
(Ord. 607 § 1, 2004)
A. 
Permits. Except as otherwise provided for in a franchise ordinance, within 60 days after acceptance of a franchise, the grantee shall apply for and diligently pursue the obtaining of all necessary permits and authorizations that 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 cable systems, their associated microwave transmission facilities, or any other associated facility.
B. 
Commencement of Construction The grantee shall begin construction and installation of the cable system within 90 days after obtaining all necessary permits, licenses and authorizations.
C. 
Service to Subscribers. Within 180 days after the commencement of construction of the system, the grantee shall provide service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all parts of the franchise area shall be provided within two years from the date that service was first provided, except as may be otherwise provided in any franchise ordinance.
D. 
Failure to Follow Schedule Grounds for Termination. Failure on the part of the grantee to begin and diligently pursue each of the foregoing requirements or any requirements for installation of its system or providing of service as set forth in its franchise ordinance, and to complete each of such matters, shall be grounds for termination of the franchise ordinance. However, the city council in its discretion may extend the time for obtaining of permits, authorizations and utility pole clearances and for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(Ord. 607 § 1, 2004)
A. 
Streets and Public Places. The grantee may, at such locations and in such manner as shall be approved by the city manager acting in his or her reasonable discretion, erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along streets and public places such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the grantee's cable system.
B. 
Other Public Property. The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the city that has not yet become a public street, but is designated as a proposed public street on any tentative subdivision map approved by the city, except those installed or erected upon public utility facilities now existing, without obtaining the applicable city permits.
C. 
Undergrounding. In those areas and portions of the city where the transmission or distribution facilities of the public utility providing telephone service or those of the utility providing electric service are underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. In those areas and portions of the city where the transmission or distribution facilities of the public utility providing telephone service or those of the utility providing electric service are hereafter placed underground, then the grantee shall construct its transmission and distribution facilities underground concurrently with and at the same time as the transmission and distribution facilities of the telephone service or electric service are placed underground; and the grantee shall thereafter operate and maintain all of its transmission and distribution facilities underground in such areas and portions of the city. For the purpose of this subsection, "underground" shall include a partial underground system. Should the city determine to underground a section of the city where a grantee has overhead lines or facilities either under Rule 20A or otherwise, city shall provide written notice to the affected grantee(s) of their obligation to underground their facilities. City shall provide such notice in a manner that affords the affected grantee(s) with the opportunity to participate in the undergrounding joint trench.
D. 
Joint Trenching. When new construction or property development occurs, and utilities are to be placed underground, grantee shall participate in any joint trench coordinating committee or joint trench program established by the city within the franchise area. In such case, the grantee shall install all facilities necessary to commence cable service upon the occupancy of each house in the subdivision. Unless otherwise provided for in the franchise ordinance, a grantee may participate in joint trench opportunities where a new development's dwelling units, when occupied, will not meet the line extension policy established in the franchise ordinance but shall participate where the new development's dwelling units, when occupied, would meet the line extension standards of the franchise. A grantee may be involved in all design aspects of the new construction or development that relate to the infrastructure required for cable service, including the provision of specifications and engineering assistance prior to construction. The costs of easements, trenching, and construction of the conduits required to bring cable service to the new construction or development will be borne by the grantee, the developer, or the property owner, as may be agreed upon between them.
E. 
Active electronics in the grantee's cable system may be in appropriate housings upon the surface of the ground. The size and location(s) of the housings shall be subject to the approval of the city manager which will not be unreasonably withheld if approval of property owner is secured. If technologically feasible and subject to the approval of the public agency owning the property, if the proposed location is not within the public right-of-way, the grantee shall locate active electronics in median strips, within alleys, on public or private school sites and similar properties to avoid unnecessary intrusion of large housings in residential front and side yards within the public rights of way. In granting or denying such approvals, the city manager shall take into account the overall design of the cable system, including technical requirements and costs, as well as other factors deemed appropriate.
"Active electronics" means those electronic devices of the cable system using externally-generated energy to perform or provide one or more of the following functions: amplify signals on the cable system; optical to radio frequency transitions or radio frequency to optical transitions; radio frequency to radio frequency transitions; power the cable system; monitor and report on the function of the cable system; and/or perform any other function primary or ancillary to the functions listed here. Such active electronics shall include and be limited to: headend equipment such as modulators; processors; satellite receivers; headend gas generators; externally-powered telephone system equipment; externally-powered data transmission equipment; amplifiers; fiber optic nodes; power supplies directly supplying power to the cable system; status monitoring devices; and alarm systems monitoring the cable system. Active electronics shall specifically exclude signal taps; directional couplers; coaxial cable connectors; fiber optic cable connectors; impedance termination devices; passive equalizers; attenuators; and grounding equipment and/or devices which are not integrated by the manufacturer into any active device described herein.
F. 
Restoration and Trenching. Except as provided herein, no grantee shall trench in any street or right-of-way within 36 months of the city repaving or overlaying the street or right-of-way. Should a grantee determine that there is no alternative to trenching within 36 months of a repaving or overlay, grantee shall notify the city and, if the city and grantee cannot determine an appropriate alternative, grantee shall completely restore the street or right-of-way by a complete overlay or such other restoration as the city determines necessary to restore the street or right-of-way to the condition it was in prior to the trenching and to a condition that has the same life expectancy as the repaving or overlay.
G. 
Private Property. The granting of a franchise pursuant to this chapter shall not be construed as permission or authority to enter on, occupy, or otherwise utilize private property outside of public utility easements without the express consent of the owner or agent in possession thereof, except as may be otherwise authorized by law.
(Ord. 607 § 1, 2004)
Grantee, in order to maintain its facilities, including its overhead wires and cables or its underground conduits, may trim trees on public property. Tree trimming and pruning shall be done in accordance with the guidelines established by the International Society of Arborculture (ISA), which are the industry standard, or, if the city adopts its own standards, the city's then current adopted standards shall apply. Tree pruning shall be performed by a qualified employee or contractor, and all work shall be performed under the supervision of an arborist certified by ISA or the city. Except in cases of emergencies, at least 24 hours prior to beginning any work that will affect any tree on public property or any street tree, grantee shall notify the city and obtain permission from the city. Grantee shall not begin work until its plans and procedures have been approved by the city. Grantee and grantor may agree to other procedures different from those set forth herein or may agree to a blanket permit to expedite tree trimming. Nothing in this section will prohibit employees or agents of the company to conduct emergency or maintenance access required tree trimming without the approval of the city.
(Ord. 607 § 1, 2004)
Upon 10 days written notice, except in emergencies, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place any property of the grantee when required by the city manager by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structures or improvements by public agencies; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place as provided in the chapter.
(Ord. 607 § 1, 2004)
Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the city manager, the city manager may cause such work to be done; and the grantee shall pay to the city the reasonable costs of the itemized amounts reported by the city manager to the grantee within 30 days after receipt of the itemized report.
(Ord. 607 § 1, 2004)
Every grantee shall comply with all FCC rules and regulations relating to the national Emergency Alert System (EAS) or any successor system thereto.
(Ord. 607 § 1, 2004)
A. 
Prompt Removal. If the use of any part of the cable system is discontinued for any reason for a continuous period of 12 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the grantee's franchise ordinance or this chapter or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon 10 days written notice, remove from the streets or public places all such property and poles of such system other than any which the city manager may permit to he abandoned in place. In the event of removal, the grantee shall promptly restore the street or other area from which the property has been removed to a condition satisfactory to the city manager.
B. 
Permanent Abandonment. Any property of the grantee remaining in place for six months after the termination or expiration of the franchise shall be considered permanently abandoned. The city manager may extend the time not to exceed an additional 30 days.
C. 
City Ownership of Such Property. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of any property of the grantee in place, all or any portion of the property as designated by the city, shall, at the option of the city and subject to such conditions as the city may require, become that of the city; and, if the city exercises the option, the grantee shall submit to the council an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of the property.
(Ord. 607 § 1, 2004)
A. 
A grantee's system shall be designed and constructed, insofar as technically feasible, so as to be capable of interconnection with any systems existing in areas within the city and with any such systems anticipated for future construction.
B. 
Upon request of the city, every cable communications system shall be required to enter into good faith negotiations with regards to interconnection of the cable systems to interconnect with other cable communications system within or immediately adjacent to the city, on fair and reasonable terms for purposes of providing public, educational, and governmental services. In the event that the grantees cannot reach an agreement, the city council may issue an order establishing the terms and conditions under which interconnection shall interconnect, including fair and reasonable terms for the interconnection, and the grantees shall comply with the order. If a grantee disputes the allocation of cost for the interconnection, the grantee shall make the interconnection and may seek judicial review of the cost allocation. The decision of the court regarding the cost of the interconnection shall be binding on the parties to the interconnection. Unless a stay is sought and granted by the court, grantee shall complete the interconnection within the time set in the city's order to interconnect.
(Ord. 607 § 1, 2004)