The purpose of this chapter is to promote competition in the telecommunications industry, facilitate the development of telecommunications infrastructure, minimize aesthetic impacts and damage to public property, provide for the payment of reasonable compensation for the commercial use of public property and establish customer service standards.
(Ord. 551 § 3, 2002)
"Basic service"
means any service tier which includes the retransmission of local television broadcast signals.
"Cable act"
means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996 and any amendments thereto.
"Cable operator"
means any person or group of persons (1) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
"County"
means the unincorporated area of Lassen County.
"Cable programming service"
means any video programming provided over a cable system regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than: (1) video programming carried on the basic service tier; (2) video programming offered on a pay-per-channel or pay-per-program basis; or (3) a combination of multiple channels of pay-per-channel or pay-per-program video programming offered on a multiplexed or time-shifted basis, so long as the combined service consists of commonly-identified video programming and is not bundled with any regulated tier of service.
"Cable service"
means (1) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (2) subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
"Cable system"
means a facility within the county, 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 only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way; (3) a facility of a common carrier which is considered a cable system under federal law; or (4) any facilities of any electric utility used solely for operating its electric utility system.
"FCC"
means the federal communications commission, its designee, or any successor thereto.
"Gross revenues"
means the revenue derived by a cable operator from the operation of the cable system to provide cable service. Gross revenues includes, but is not limited to, revenue from (1) subscriber payments for service, equipment, late fees, franchise fees and other charges; (2) advertising carried on the cable system or in subscriber bills; less any agency fees; and (3) programmers or others relating to transmissions carried on the cable system, including but not limited to payments to carry programming and home shopping revenues, to the extent not reimbursement for expenses connected with the launch of any programming revenues. Gross revenues includes, but is not limited to, revenues derived from the operation of the cable system received or attributed to the franchisee, any direct or indirect affiliate of the franchisee or any partner, joint venturer or other entity related in any similar way to franchisee. Gross revenues includes revenues derived from the provision of internet access, cable modems and similar services, unless specifically excluded by federal law. Nothing, except as noted below, shall be excluded from gross revenues for any reason, including but not limited to the fact that the cable operator may itemize particular items on subscriber bills such as franchise fees. This definition shall be deemed to include all gross receipts and revenues to the full extent permitted by federal law. Gross revenues shall not include (1) excise taxes; (2) sales taxes; (3) bad debt.
"Gross non-cable revenues"
means the revenue derived from the operation of telecommunications facilities other than revenue defined in this section as gross revenue. Gross non-cable revenues includes, but is not limited to, revenue from (1) subscriber payments for service, equipment, late fees, franchise fees and other charges; (2) advertising carried on the telecommunications facilities or in subscriber bills; and (3) programmers or others relating to transmissions carried on the telecommunications facilities, including but not limited to payments to carry programming and home shopping revenues. Gross non-cable revenues includes, but is not limited to, all gross noncable revenues whether or not actually received. Gross non-cable revenues shall include all gross non-cable revenue which is not actually received, such as the value of free service provided to telecommunications operator's employees and the value of services bartered or exchanged for non-monetary consideration. Gross non-cable revenues includes, but is not limited to, revenues derived from the operation of the telecommunications facilities received or attributed to the franchisee, any direct or indirect affiliate of the franchisee or any partner, joint venturer or other entity related in any similar way to franchisee. Gross non-cable revenues includes revenues derived from the provision of internet access, cable modems and similar services, unless a cable operator has paid a cable television franchise fee based on the identical revenues. This definition shall be deemed to include all gross receipts or revenues to the full extent permitted by federal law.
"Other telecommunications operator"
means any person or group of persons other than a cable operator, an open video system operator, a wireless telecommunications operator or a telephone company (a) who provides telecommunications services over telecommunications facilities and directly or through one or more affiliates owns a significant interest in such telecommunications facilities, or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such telecommunications facilities.
"Open video system"
means a system within the county for the provision of video programming operated in compliance with federal communications commission regulations.
"Open video system operator"
means any person or group of persons who have been certified by the federal communications commission as an open video system operator for an open video system located within the county and (a) who provides video programming over the open video system and directly or through one or more affiliates owns a significant interest in such open video system, or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such an open video system.
"PEG channels"
means the public channels, educational channels and governmental channels.
"Street"
means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any public easement or right-of-way to which the rights of county are not limited, now or hereafter held by county which shall entitle the franchisee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a system.
"Subscriber"
means any person or entity who lawfully subscribes to any cable service whether or not a fee is paid for such cable service.
"Telecommunications facilities"
means facilities within the county used or related to the provision of telecommunications services including, but not limited to, wires, optical fiber, antenna, cabinets, pedestals and equipment; other than telephone company facilities exempted by Public Utilities Code Section 7901.
"Telecommunications operator"
means any person or group of persons (a) who provides telecommunications services over telecommunications facilities and directly or through one or more affiliates owns a significant interest in such telecommunications facilities, or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such telecommunications facilities.
"Telecommunications services"
means the transmission of voice, video, data or other information between two or more points along wires, optical fibers or other transmission media, or using radio waves or other wireless media, including but not limited to telephone services, cellular telephone services, personal communications services, internet services, open video system services and other similar services; however, it does not include those services of any telephone company where those services are exempted from local franchising by Public Utilities Code Section 7901.
"Telephone company"
means any telephone or telegraph corporation as defined by Sections 234-236 of the Public Utilities Code (or any successor sections) which has obtained a certificate of public convenience and necessity from the California Public Utilities Commission.
"Wireless telecommunications operator"
means any person or group of persons who provides wireless telecommunications services including, but not limited to, cellular telephone, personal communications system, spread spectrum or other wireless services, and (a) who provides telecommunications services over telecommunications facilities and directly or through one or more affiliates owns a significant interest in such telecommunications facilities, or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such telecommunications facilities.
(Ord. 551 § 3, 2002)
All telecommunications operators shall comply with all provisions of this Article 1, General Provisions and all other applicable provisions of this code.
(Ord. 551 § 3, 2002)
All telecommunications operators who own or lease any telecommunications facilities located in the public right-of-way (excluding telecommunications operators who merely purchase bandwidth on facilities owned by others) shall register with the county on forms provided by the community development department. These forms shall include, but not be limited to, the following:
(a) 
The name and legal status of the registrant, including any affiliates who are required to register pursuant to this section;
(b) 
The name, address and telephone number of an officer, agent or employee who will serve as the contact point for the registrant;
(c) 
A description of the registrant's existing or proposed telecommunications facilities that are owned or will be used within the county, together with a list of any other telecommunications operators who will be using those telecommunications facilities;
(d) 
A description of the telecommunications services that the registrant is or will be offering using telecommunications facilities within the county;
(e) 
A copy of the registrant's applicable certificate of public convenience and necessity, if any, issued by the California Public Utilities Commission;
(f) 
A registration fee in the amount established by resolution duly adopted by the board of supervisors.
(Ord. 551 § 3, 2002)
Encroachment Permit. Prior to excavating, installing telecommunications facilities upon (including but not limited to placing telecommunications facilities within existing conduit), or otherwise using county-owned property and rights of way for any purpose that requires an encroachment permit from the county, a telecommunications operator shall obtain an encroachment permit and comply with all other applicable county requirements. The encroachment permit application shall also include a description of any surplus conduit that the applicant intends to install and the capacity of the telecommunications facilities being installed. If the telecommunications operator is proposing to install telecommunications facilities without utilizing existing surplus conduit, the telecommunications operator shall submit a description of all existing surplus conduit along the proposed route together with an explanation of why that existing surplus conduit is not being utilized. In such a situation, the telecommunications operator shall also submit evidence that it has contacted all other telecommunications operators who are reasonably likely to be installing telecommunications facilities along all or part of the same route and has offered to participate in a joint installation project on reasonable terms. In such a situation where, in addition, the telecommunications operator proposes to install overhead telecommunications facilities, the telecommunications operator shall submit evidence that it has offered to participate on reasonable terms together with other entities utilizing the utility poles to install the telecommunications facilities and other facilities underground. If the telecommunications operator proposes to install utility cabinets or other above-ground facilities, the telecommunications operator shall include information about noise generated by the facilities and alternatives for reducing the aesthetic impacts of the facilities, including but not limited to size reductions, screening, alternative locations and undergrounding. The community development department may deny the encroachment permit for failure to comply with the foregoing or any other lawful reason. The community development department may also attach any reasonable conditions to the encroachment permit, including but not limited to requiring some or all telecommunications facilities to be placed underground, requiring boring rather than trenching, specifying a future time period when all excavations must take place, specifying the location where facilities may be installed, requiring trenches to remain open for a reasonable period of time to permit installation of facilities by the county or its designees, and requiring the installation of surplus conduits and dedication of such conduits to the county subject to the payment of the direct marginal cost of installing such surplus conduits by the county.
(Ord. 551 § 3, 2002)
(a) 
All telecommunications facilities shall be installed within existing underground ducts or conduits whenever excess capacity is available on reasonable terms.
(b) 
Overhead facilities may be installed only if space is available on existing utility poles.
(c) 
Whenever existing telecommunications facilities or electric utility facilities are located underground along a particular street or public way, new telecommunications facilities must be installed underground along that street or public way.
(d) 
Whenever any new or existing telecommunications facilities or electric utility lines are located or relocated underground along a particular street or public way, the telecommunications operator shall relocate its telecommunications facilities underground concurrently with the other lines at its sole expense to the full extent permitted by law.
(e) 
Whenever new telecommunications facilities will exhaust the capacity of a street or otherwise make the installation of future telecommunications facilities impractical, the telecommunications operator installing the new telecommunications facilities shall provide additional ducts, conduits, manholes and other facilities designated by the community development department for reasonable nondiscriminatory access by other telecommunications operators.
(Ord. 551 § 3, 2002)
Within thirty days following written notice from the county, a telecommunications operator shall relocate or remove, without expense to the county, any facilities installed, used and/or maintained by such telecommunications operator if and when such relocation or removal is reasonably necessary or convenient for the construction, repair, maintenance or installation of any county or other public improvement, or for any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct, by or on behalf of the county, irrespective of the funding source, or if the facilities have been abandoned or have not been used for a period of ninety days.
(Ord. 551 § 3, 2002)
Unless directly and proximately caused by the willful acts of the county, the county and its officials, employees, agents and volunteers shall not be liable for any damage to or loss of any telecommunications facilities as a result of or in connection with any public works or any other acts of the county or its officials, employees, agents or volunteers.
(Ord. 551 § 3, 2002)
When a telecommunications operator or any person acting on its behalf does any work in or affecting any public property, the telecommunications operator shall, at its sole expense, promptly remove any unauthorized obstructions therefrom and restore such property to as good a condition as existed before the work was undertaken, unless otherwise directed by the county.
(Ord. 551 § 3, 2002)
A telecommunications operator shall indemnify, defend and hold harmless the county and its officers, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising from the operations of, or the use of public property by, the telecommunications operator or its officers, employees, agents or contractors, except such loss or damage which was caused by the sole negligence or willful misconduct of the county.
(Ord. 551 § 3, 2002)
The board of supervisors may waive in writing any provision of this chapter to the extent permitted by law in exchange for exceptional public benefits provided by a telecommunications operator.
(Ord. 551 § 3, 2002)
Any person required to obtain a franchise pursuant to this chapter shall, in addition to all other requirements, reimburse the county for all of its costs, including but not limited to all costs of retaining consultants, related to the franchise.
(Ord. 551 § 3, 2002)
(a) 
Criminal penalties. Any person who violates any provision of this chapter shall be guilty of an infraction.
(b) 
Civil penalties. Any person who violates any provision of this chapter, or who violates any condition of any license or permit issued hereunder, or who breaches any franchise agreement or other agreement with the county shall be liable to the county for a civil penalty of five hundred dollars. For continuing violations or breaches, each day that a violation or breach continues shall be deemed a separate violation or breach subject to an additional civil penalty.
(c) 
Termination or modification of agreements. If any person breaches any franchise agreement or other agreement made pursuant to this chapter, the county may, following reasonable notice, opportunity to cure and opportunity to be heard, terminate the agreement or reduce the term of the agreement.
(d) 
Cumulative Remedies. The foregoing remedies shall be deemed non-exclusive, cumulative remedies and in addition to any other remedy the county may have at law or in equity.
(Ord. 551 § 3, 2002)