For the purposes of this article, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. 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:
"Access"
means the availability of the cable system for use of the cable system by various agencies, institutions, organizations, groups and individuals in the community, including the county and its designees to acquire, create and distribute programming not under the grantee's editorial control, except that a grantee may refuse to transmit any access programming or portions of a access program which contains obscenity, indecency, or nudity. Access shall include:
1. 
"Public access"
means access where organizations, groups, or individual members of the general public, on a nondiscriminatory not-for-profit basis, are the primary or designated programmers or users having editorial control over their programming;
2. 
"Educational access"
means access where schools are the primary or designated programmers or users having editorial control over their programming;
3. 
"Governmental access"
means access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming; and
4. 
"PEG access"
means public access, educational access, and governmental access, collectively and shall have the same meaning as provided for in the Cable Act.
"Affiliate,"
when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
"Basic service"
is the lowest priced tier of service that includes the retransmission of local broadcast television signals.
"Board"
means the board of supervisors of Placer County.
"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, the Telecommunications Act of 1996, and any further amendments to subchapter V-A of Chapter 5, Title 47, United States Code during the term of the franchise.
"Cable services"
means (a) the one-way transmission to subscribers of (i) video programming, or (ii) other programming services; and (b) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
"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 (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves subscribers without using any public way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of Section 621(c)) to the extent such facility is used in transmission of video programming directly to subscribers unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with Section 653 of Title VI of the Communications Act of 1934; or (e) any facilities of any electric utility used solely for operating its electric utility system.
"Chief executive officer"
means the county executive officer of Placer County.
"Communications director"
means the telecommunications manager of Placer County.
"County"
means the county of Placer, a political subdivision of the state of California.
"Director of general services"
means the director of general services of Placer County.
"Director of public works"
means the director of public works of Placer County.
"FCC"
means the Federal Communications Commission, or successor governmental entity thereto.
"Franchise"
means the initial authorization, or renewal thereof, issued by the county, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise which authorizes construction and operation of the cable system.
"Franchise area"
means the geographic area for which a franchise is issued.
"Grantee"
means the person, firm or corporation granted a franchise by the board under this article, and the lawful successor, transferee or assignee of said person, firm or corporation.
"Gross revenue"
means all revenue received by the grantee, in whatever form and from all sources, derived from the operation of the cable system to provide cable services within the service area. Gross revenues shall include all revenue for all cable services, premium and pay-per-view services, the sale of advertising time, installation, and all other revenues derived from the operation of the cable system to provide cable services within the franchise area, regardless of whether initially recorded to another entity and however characterized. Gross revenues shall also include any revenue received by any affiliate of the grantee where such revenue in the ordinary course of business should have been paid to the grantee for the operation of its cable system to provide cable services. By way of illustration, this would include revenue derived from the sale of cable system advertising time by an affiliate of the grantee. Such gross revenues, however, shall not be counted twice. Revenues of both the grantee and an affiliate that represent a transfer of funds between the grantee and the affiliate, and that would otherwise constitute gross revenues of both the grantee and the affiliate, shall be counted only once for purposes of determining gross revenues. Gross revenues shall not include franchise fees, sales taxes or similar taxes collected for direct pass-through to local, state or federal government; or bad debts. In the event that federal or state law permits the grantee to provide nonvideo services to subscribers (such as data or telephone communications) through the facilities of the cable system, and the franchising authority has the regulatory authority to collect a franchise fee on such services, then the franchise fee for revenues derived by the grantee from such services shall be at the same rate as paid to the franchising authority by other providers of the same services that utilize the public way.
"Interconnect" or "interconnection"
means the provision by a grantee of technical, engineering, physical, financial, and all other necessary components to accomplish, complete, and adequately maintain a physical linking of a grantee's cable system and cable services or any designated channel or signal pathway thereof, with any other designated cable system or programmer so that cable services of technically adequate quality may be sent to and received from such other systems.
"Person"
means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity.
"Programmer"
means any person responsible for programming on the cable system, including, without limitation, any person who produces or otherwise provides programming material for transmission on the cable system.
"Programming"
means the process of causing television programs or other patterns of signals in video, voice, or data formats to be transmitted on the cable system, and includes all programs or patterns of signals transmitted or capable of being transmitted on the cable system.
"Property of grantee"
means all property owned, installed, or used within the county by the grantee in the conduct of a cable television system business under the authority of a franchise pursuant to this article.
"Public property"
means any property owned by the county or any other governmental unit that is not otherwise defined herein as a street.
"School"
means any accredited primary schools, secondary schools, colleges, and universities.
"Service tier"
means any category of cable service or other services provided by grantee and for which a separate charge is made by grantee.
"Street"
means the surface, the air space above the surface and the area below the surface of any public street, road, highway, freeway, bridge, lane, alley, court, sidewalk, parkway, drive, right-of-way, easement, or other public way, now or hereafter existing within the county which may properly be used for the purpose of installing, maintaining, and operating a cable television system.
"Subscriber"
means any person who is lawfully receiving, for any purpose or reason, any cable service or other services provided by the grantee by means of or in connection with the cable system, whether or not a fee is paid for such service with the grantee's express permission.
"Transfer"
means the sale, lease, assignment, mortgage, consolidation, merger, or any other disposition of the franchise, or any change in the ownership or control of the grantee or any person which owns, controls, or manages the grantee directly or through one or more intervening partnerships or corporations.
(Prior code § 28.1; Ord. 6336-B, 8/19/2025)
A. 
A nonexclusive franchise to install, construct, operate and maintain a cable television system on streets within all or a specific portion of the unincorporated area of the county may be granted by the board 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 article.
B. 
The grantee shall have no recourse against the county for any loss, cost, expense, or damage arising out of any provision or requirement of this franchise or because of its lawful enforcement or nonenforcement.
(Prior code § 28.5)
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. 
Distribute color television signals which it receives in color without discernible deterioration in quality to subscriber terminals.
3. 
The grantee shall provide at least one channel without charge for public access, educational access and governmental access uses. When first-run programming on the first access channel occupies 50% of the hours between eleven a.m. and eleven p.m., for any 12 consecutive weeks, the county may request the use of one additional channel for the same purpose. The additional channel must maintain programming 25% of the hours between eleven a.m. and eleven p.m. for 12 consecutive weeks. If this level of programming is not maintained, the channel will return to the grantee for its use. The grantee also reserves the right to program the designated access channels during the hours not used by the county or other governmental entities. The channel(s) shall be shared with other municipalities receiving programming from the common headend receive site location.
4. 
Have a minimum capacity of 20 programming services.
5. 
The grantee shall be responsible for insuring that the cable system is designed, installed and operated in a manner that fully complies with FCC rules in Subpart K of Part 76 of Chapter I of Title 47 of the Code of Federal Regulations as revised or amended from time to time. As provided in these rules, the franchising authority shall have, upon request, the right to obtain a copy of tests and records required in accordance with such rules but has no authority, pursuant to federal law, to enforce compliance with such standards.
B. 
Non-basic Services—Additional Services Permitted. 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. 
Emergency Use. In accordance with and at the time required by the provisions of FCC Regulations Part 11, subpart D, Section 11.51, and as such provisions may from time to time be amended, the grantee shall install, if it has not already done so, and maintain an emergency alert system (EAS) for use in transmitting emergency act notifications (EAN) and emergency act termination's (EAT) in local and state-wide situations as may be designated to be an emergency by the local primary (LP), the state primary (SP) and/or the state emergency operations center (SEOC), as those authorities are identified and defined within FCC Reg. Section 11.18.
D. 
Customer Protection. The county reserves the right under federal law to establish customer service standards that exceed the standards set by the FCC under Section 632 of the Cable Act.
E. 
Privacy. The grantee shall be required to comply with the privacy provisions of Section 631 of the Cable Act.
F. 
Customer Service Standards.
1. 
Cable System Office Hours and Telephone Availability.
a. 
The grantee will maintain a local, toll-free or collect call telephone access line which will be available to subscribers 24 hours a day, seven days a week.
i. 
Trained representatives of the grantee will be available to respond to subscriber telephone inquiries during normal business hours, as defined herein.
ii. 
After normal business hours, an access line will be available to be answered by a service or an automated response system, including a phone answering system. Inquiries received after normal business hours must be responded to by a trained representative of the grantee on the next business day.
b. 
Under Normal Operating Conditions, as defined herein, telephone answer time by a customer representative, including wait time, will not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time will not exceed 30 seconds. These standards will be met no less than 90% of the time under normal operation conditions, as measured by the grantee on a quarterly basis.
c. 
The grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards set forth above unless an historical record of complaints indicates a clear failure to comply with such standards.
d. 
Under normal operating conditions, the subscriber will receive a busy signal less than three percent of the time.
e. 
Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located in or near the franchise area.
2. 
Installations, Outages and Service Calls. Under normal operating conditions, each of the following four standards will be met no less than 95% of the time, as measured by the grantee on a quarterly basis:
a. 
Standard installations will be performed within seven business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system.
b. 
Excluding conditions beyond its control, the grantee will begin working on service interruptions, as defined herein, promptly and in no event later than 24 hours after the interruption becomes known. The grantee will begin actions to correct other service problems the next business day after notification of the service problem.
c. 
The grantee will provide "appointment window" alternatives for installations, service calls, and other installation activities, which will be either a specific time or, at maximum, a four-hour block during normal business hours.
d. 
The grantee shall not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment.
3. 
Communications between the grantee and subscribers.
a. 
Notifications to Subscribers.
i. 
The grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request:
(A) 
Products and services offered;
(B) 
Prices and options for services and conditions of subscription to programming and other services;
(C) 
Installation and service maintenance policies;
(D) 
Instructions on how to use the service;
(E) 
Channel positions of programming carried on the cable system; and
(F) 
Billing and complaint procedures, including the address and telephone number of the local franchising authority's cable office.
ii. 
Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice will be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of the grantee. In addition, the grantee shall notify subscribers 30 days in advance of any significant changes in the other information required by the preceding paragraph.
b. 
Billing.
i. 
Bills will be clear, concise and understandable. Bills will be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
ii. 
In case of a billing dispute, the grantee will respond to a written complaint from a subscriber within 30 days from receipt of the complaint.
c. 
Refund checks will be issued promptly, but no later than either (1) the subscriber's next billing cycle following resolution of the request or 30 days, whichever is earlier, or (2) the return of the equipment supplied by the grantee if service is terminated.
d. 
Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted.
4. 
Definitions. For purposes of this section, the following definitions shall apply:
"Normal business hours"
means those hours during which most similar businesses in the community are open to serve subscribers. In all cases, "normal business hours" shall include some evening hours at least one night per week and/or some weekend hours. The grantee will notify its subscribers and the franchising authority of its normal business hours.
"Normal operating conditions"
means those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
"Service interruption"
means the loss of picture or sound on one or more channels.
G. 
Service to Public Buildings. The grantee shall provide without charge, one outlet of basic service to county offices, fire station(s), and public school building(s) that are passed by its cable system and meet the requirements of subsection (F)(2)(a) of this section. The outlets of basic service shall not be used to distribute or sell services in or throughout such buildings.
H. 
Interconnection. Wherever it is financially and technically feasible, the grantee shall interconnect its cable system so as to tie the same into all other cable systems within the unincorporated areas of the county.
I. 
Uses Permitted. Any franchise granted pursuant to the provisions of this article shall authorize and permit the grantee to engage in the business of operating and providing a cable television system in the county 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 county.
J. 
Line Extension Requirements.
1. 
The cable system, as constructed as of the date of the passage and final adoption of the ordinance codified in this article, substantially complies with the material provisions hereof. Whenever the grantee shall receive a request for service from at least 15 residences within 1,320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its cable system to such subscribers at no cost to said subscribers for cable system extension, other than the usual connection fees for all subscribers. If the grantee can demonstrate that a connection is technically, economically, or geographically unfeasible grantee may appeal in accordance with Section 13.40.510(E).
2. 
Subscriber Charges for Extensions of Service. No subscriber shall be refused service arbitrarily. However, for unusual circumstances, existence of more than 125 feet of distance from distribution cable to connection of service to subscribers, or a density of less than 15 residences per 1,320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the grantee and subscribers in the area in which service may be expanded, the grantee will contribute an amount equal to the construction and other cost per mile, multiplied by a fraction whose numerator equals the actual number of residences per 1,320 cable-bearing strand feet of its trunks or distribution cable, and whose denominator equals 15 residences. Subscribers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The grantee may require that the payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance.
K. 
Ascertainment of Programming. On a regular basis, but no less often than every three years and at the request of the county, the grantee shall conduct an ascertainment of the programming needs, interests, and preferences of the subscribers within the franchise area. The grantee shall report to the county the general, non-proprietary results of grantee's programming ascertainment and any actions taken, or to be taken, by the grantee pursuant thereof.
(Prior code § 28.10)
A. 
In consideration of the granting and exercise of a franchise to use the streets, as herein described, for the operation of a cable television system, any grantee shall pay to the county, during the life of the franchise, five percent of the franchisee's gross revenues. Payments of such franchise fees shall be done on a quarterly basis to the Placer County revenue services division.
The term "gross subscriber revenues" shall be as defined by the Federal Communications Commission. In the event that the Federal Communications Commission changes its rules to provide that the county may charge, as a matter of right, a greater fee, such fee shall be automatically increased to the maximum so permitted by such Federal Communications Commission rules and regulations. The county shall give the grantee 90 days written notice of any such increase in the franchise fee percentage. The franchising authority agrees that all amounts paid by the grantee as franchise fees may be added to the price of cable services and collected from the grantee's customers as "external costs" as such term is used in 47 C.F.R. 76.922. In addition, all amounts paid as franchise fees may be separately stated on customers' bills as permitted in 47 C.F.R. 76.985. Any increase in franchise fees will be payable by the grantee after (a) the approval of the franchising authority, if required, to the inclusion of the increase on customers' bills, including any required approval pursuant to 47 C.F.R. 76.933(b); notice to the grantee's customers of the increase; and (c) the collection of the increase in franchise fees by the grantee from its customers.
B. 
The county shall have the right to inspect the grantee's revenue records under the franchise and the right of audit and recomputation of any and all amounts payable under this article; the cost of said audit shall be borne by grantee when the same results in increasing, by more than 10%, the grantee's annual payment to the county.
C. 
No acceptance of any payment shall be construed as a release, or as an accord and satisfaction of any claim the board may have for further or additional sums payable under this chapter or for the performance of any other obligation hereunder.
(Prior code § 28.15)
A. 
The franchise granted by the board under this article shall be for a term 15 years from the date of its acceptance by the grantee. Grantee shall accept within 30 calendar days of approval by the board of supervisors the franchise granted by the board or, grantee shall be considered to have rejected the franchise granted by the board under this article.
B. 
The county may terminate any franchise granted pursuant to the provisions of this article 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 article.
C. 
The communications director may make written demand that the grantee do or comply with any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the grantee continues for a period of 30 days following such written demand, the communications director shall place his or her request for termination of the franchise upon the next regular board meeting agenda. The communications director shall cause to be served upon such grantee, at least 10 days prior to the date of such board meeting, a written notice of his or her intent to request such termination, and the time and place of the meeting, notice of which shall be published by the clerk of the board at least 10 days before such meeting in a newspaper of general circulation within the county.
D. 
The board shall consider the request of the communications director 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 board shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.
F. 
If the board shall determine such failure, refusal or neglect by the grantee was without just cause, then the board may, by resolution, declare that the franchise of such grantee shall be terminated and forfeited unless there by compliance by the grantee within such period as the board may fix.
G. 
The termination and forfeiture of any franchise shall in no way effect any of the rights of the board under the franchise or any provision of law.
H. 
In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the prior consent of the board, expressed by resolution, the grantee shall pay to the county as reasonable compensation and damages 100% of its gross revenue during said period.
(Prior code § 28.20)
A. 
Application. Each application for an initial franchise to construct, operate, or maintain any cable systems in this county shall be filed with the clerk of the board 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 county:
a. 
The names, residence and business addresses of all officers, directors, and associates of the applicant.
b. 
The names, residence and business addresses of all officers, persons and entities having, controlling, or being entitled to have or control 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 or 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 board, 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 county, 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 county.
f. 
A statement identifying, by place and date, any other cable television franchise awarded to the applicant, its parent or subsidiary, the status of said 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.
3. 
A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:
a. 
A detailed map indicating, to the satisfaction of the county communications director, all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served.
b. 
A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and service charges.
c. 
A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant. In no event shall said operational and performance standards be less than those contained in Title 47, Subpart K (Section 76.601 et seq.), Rules and Regulations, Federal Communications Commission, adopted February 2, 1972, and as amended.
d. 
A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber.
e. 
A detailed statement setting forth in its entirety any and all agreements and undertakings, 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.
4. 
Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the board, or by any provision of any other ordinance of the county.
5. 
For new systems, a nonrefundable application fee in the sum of $250, 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 and not returnable or refundable in whole or in part. For existing systems the fee shall be based on connections as follows:
Connections
Fee
0—100
$100.00
101—500
150.00
501+
250.00
B. 
Board Initiating Applications. The board 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 county, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify any other times, terms, conditions, or limitations respecting the soliciting, calling for, making and receiving of such applications.
C. 
Referral of Application to Communications Director. Upon receipt of any application for franchise, the board shall refer the same to the communications director of the county who shall prepare a report and make his recommendations respecting such application, and cause the same to be completed and filed with the board within 60 days.
D. 
Factors Considered in Award of Franchise. In making any determination hereunder as to any application the board may give due consideration to the quality of the service proposed, rates to subscriber, income to the county, 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 board for safeguarding the interests of the county and the public. The board, in its discretion, shall determine the award of any franchise on the basis of such considerations and without competitive bidding.
If the board shall determine to reject such application, such determination shall be final and conclusive, and the same shall be deemed rejected.
E. 
Notice of Hearing. If the board shall determine to further consider the application, the following shall be done:
1. 
The board shall decide and specify the terms and conditions of any franchise to be granted hereunder and as herein provided.
2. 
The board 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, 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 clerk of the board, 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 board and be heard, and directing the clerk of the board to publish said resolution at least once within 10 days of the passage thereof in a newspaper of general circulation within the county.
F. 
Decision Regarding Award of Franchise. At the time set for the hearing, or at any adjournment thereof, the board shall proceed to hear all written protests. Thereafter, the board 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.
If the board shall determine that franchise be denied, such determination shall be expressed by resolution and shall be final and conclusive.
If the board shall determine that a franchise be granted upon the terms and conditions as specified in the resolution of intention to consider granting the same, such determination shall be expressed by ordinance granting a franchise to the applicant.
If the board shall determine upon granting a franchise upon terms and conditions different from those specified in the resolution of intention to consider granting the same, then such determination shall be expressed by resolution adopted prior to granting a franchise by ordinance.
G. 
Application Exemption. No grantee shall be required to comply with the application terms and conditions herein as a result of a franchise renewal or a franchise extension.
(Prior code § 28.25)
The board may, as a condition of granting or renewing a franchise, require that the applicant serve an area other than that specified in his or her application. Such condition may provide for phasing of service to such additional area and for a fee differential if costs to serve such area are substantially higher.
(Prior code § 28.28)
A. 
Performance Bond to County. Upon being granted a franchise, and upon the filing of the acceptance required under Section 13.40.490, the grantee shall file with the clerk of the board and shall thereafter, annually, during the entire term of such franchise, maintain in full force and effect a corporate surety bond or other adequate surety agreement in such amount and kind as shall have been approved by the board. The bond or agreement shall be so conditioned that in the event that grantee shall fail to comply with any one or more of the provisions of this article or of such franchise, then there shall be recoverable jointly and severally from the principal and surety any damages or loss, or costs suffered or incurred by the county as a result thereof, including attorneys' fees and costs of any action or proceeding, and including the full amount of any compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond. Said 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 the county which arise out of or pertain to said franchise. Neither the provisions of this section, nor any bond accepted by the county pursuant hereto, nor any damages recovered by the county thereunder shall be construed to excuse faithful performance by the grantee, or limit the liability of the grantee under any franchise issued pursuant to this chapter or for damages either to the full amount of the bond, or otherwise.
B. 
Hold Harmless Agreement. Grantee shall indemnify and hold harmless the county, 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 county property and damages arising out of copyright 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 of liabilities (including costs or liabilities of the county 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 expense arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by grantee, or the granting thereof by the county.
C. 
Defense of Litigation. Grantee shall at the sole risk and expense of grantee, upon demand of the county, made by and through the county counsel, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting the county, 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 county. 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 county, 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 county 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.
D. 
Insurance Required. Franchisee shall, contemporaneous with the issuance of any franchise, file with the county a certificate of insurance showing personal liability insurance in an amount not less than $250,000 for each person and not less than $500,000 for each accident and showing property damage coverage in an amount not less than $50,000. Such certificates shall provide that they are not cancelable without advance written notice to the county board of supervisors and shall be in a form and by a surety approved by the county.
(Prior code § 28.30)
A. 
No franchise granted or renewed under this article shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the clerk of the board. Written acceptance, which shall be in the form and substance approved by the county counsel, 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 clerk of the board. The grantee shall have no rights, remedies, or redress in the premises, unless and until the board, by resolution, shall determine that such acceptance be received or filed, and then upon such terms and conditions as the board 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 county, shall at all times be available to the county, and shall be preserved and maintained and shall continuously exist in and to the county, 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 article shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, of or pertaining to the construction, operation, or maintenance of any cable television systems in the construction, operation, or maintenance of any cable television systems in the county.
(Prior code § 28.35)
A. 
Nonexclusive. Every franchise granted under this article shall be nonexclusive.
B. 
Terms Exhaustive. No privilege or exemption shall be granted or conferred by any franchise granted under this article except those specifically prescribed herein.
C. 
Streets and Public Property. Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
D. 
Assignment.
1. 
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 board expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale, or similar document, a duly executed copy of which shall be filed in the office of the clerk of the board within 30 days after any such transfer or assignment. The said consent of the board shall not be unreasonably refused; provided, however, the proposed assignee must show financial responsibility as determined by the board and must agree to comply with all provisions of this chapter.
2. 
In the event that grantee is a corporation, prior approval of the board of supervisors, expressed by ordinance, shall be required when there is an actual change in control or where ownership of more than 50% of the voting stock of grantee is acquired by a person or group of persons acting in concert, none of whom already own 50% or more of the voting stock, singly or collectively. Any such acquisition occurring without prior approval of the board of supervisors shall constitute a failure to comply with a provision of this article within the meaning of Section 13.40.450 of this article.
E. 
Time of Essence. 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 article by any failure of the county to enforce prompt compliance.
F. 
County Staff Assignments. Any right or power in, or duty impressed upon, any officer, employee, department, or board of the county shall be subject to transfer by the county to any other officer, employee, department, or board of the county.
G. 
No Recourse Against County. The grantee shall have no recourse whatsoever against the county for any loss, cost, expense, or damage arising out of any provision or requirement of this article of any franchise issued hereunder or because of its enforcement.
H. 
Subject to County Laws. The grantee shall be subject to all requirements of county laws, rules, regulations, and specifications heretofore or hereafter enacted or established.
I. 
Non-County Permits. Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the county, utility company, or from others maintaining utilities in streets.
J. 
Franchise in Lieu of Their Rights. Any franchise granted hereunder, shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation, or maintenance of any cable television system in the county; and the acceptance of any franchise hereunder shall operate, as between grantee and the county, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the county, to the effect that, as between grantee and the county, and all construction, operation and maintenance by any grantee of any cable television system in the county shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.
(Prior code § 28.40)
A. 
Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the county 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 board's right of eminent domain.
B. 
There is reserved to the county 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 county in its exercise of such rights or power, heretofore or hereafter enacted or established.
C. 
There is reserved to the county the power to amend any section of this article so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee to reflect technical and economic changes occurring during the franchise term, and to enable the county and the grantee to take advantage of new developments in the cable television industry so as to more effectively, efficiently and economically serve the public.
D. 
Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the county.
E. 
The board may do all things which are necessary and convenient in the exercise of its jurisdiction under this article and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The communications director, with the approval of the county counsel, is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this article, either on behalf of the county, 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 communications director may appeal the matter in writing to the director of administrative services for determination. Either the grantee or any member of the public may appeal the determination of the director of administrative services to the board for hearing and determination. The board may accept, reject or modify the decision of the director of administrative services, and the board may adjust, settle or compromise any controversy or cancel any charge arising from the operations of the grantee or from any provision of this article.
(Prior code § 28.45)
A. 
Standards of Operation.
1. 
Prior to receiving any applications for franchises, the board may adopt rules, regulations and standards governing the operation of cable television systems in the county. 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 hereunder.
2. 
Rules, regulations and standards not adopted prior to receiving any application for a franchise shall be adopted by the board at the first regular meeting of the board next following the effective date of the ordinance codified in this article, by resolution which shall become effective upon the adoption and shall be applicable to any application for a franchise previously received.
3. 
The standards adopted shall govern the engineering, construction, installation, service, and maintenance of all cable television systems in the county, including but not limited to standards governing carrier levels, signal to noise ratios, hum modulation, distortion levels, channel interactions and inter-reactions.
4. 
Provided the same do not materially alter the content of the franchise without consent of the grantee, the board may at any time adopt new rules or regulations or standards, or may amend, modify, delete, or otherwise change its respective rules or regulations or standards previously adopted, in the following manner: The board 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 board and be heard. Such resolution shall direct the clerk of the board to publish the same at least once within 10 days of the passage thereof in a newspaper of general circulation within the county, and to mail a copy of the same to any grantee or applicant for a franchise, not more than 30 days nor less than 15 days prior to the time fixed for hearing thereon.
At the time set for such hearing, or at any adjournment thereof, the board shall proceed to hear and pass upon such comments as may be presented. Thereafter, the board, by its resolution, may adopt, amend, modify, delete, or otherwise change its respective rules, regulations and standards. Such determination by the board shall be final and conclusive.
Any rule or regulation or standard as adopted, amended, modified, deleted, or otherwise changed by the board 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. Grantee shall annually on or before January 1st and within 30 days after a rate change file with the clerk of the board of supervisors a statement or schedule setting forth all rates and charges to subscribers, including installation and service.
(Prior code § 28.50)
A. 
Within 30 days after acceptance of any franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television systems, or associated microwave transmission facilities. In connection therewith, copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting grantee's cable system operations, if requested by the county, shall also be submitted simultaneously to the director of public works and the communications director.
B. 
Within six months 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 system.
C. 
Within one year 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. 
Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of such franchise. By resolution, the board, in its discretion, may extend the time for the commencement and completion of installation and construction for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.
E. 
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 director of public works. 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 county 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 county, in the exercise of its police power or pursuant to the terms hereof, upon reasonable notice to grantee, any such conduits or other facilities of grantee shall be constructed, installed, placed, or replaced beneath the surface of the streets. Any construction, installation, placement, replacement, or changes which may be so required shall be made at the expense of grantee, whose costs shall be determined as in the case of public utilities.
F. 
The county shall have the right, free of charge, to make additional use, for any public or county 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 county does not interfere with the use by grantee.
G. 
In those areas of the county where the transmission or distribution facilities of the respective public utilities providing telephone, communication and electric services are 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 director of public works, amplifiers in the grantee's transmission and distribution lines may be placed in appropriate housings upon the surface of the ground.
H. 
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 director of public works the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power line, signal line, transportation facilities, tracks, or any other types of structure or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including but not limited to movement of buildings, urban renewal and redevelopment, and any general program under which the county 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.
I. 
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 director of public works may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to grantee an itemized statement of the costs thereof. The grantee shall, within 30 days after receipt of such statement, pay to the county the entire amount thereof.
J. 
In the event that (1) the use of any part of the cable system of grantee is discontinued for any reason for a continuous period of 12 months, without prior written notice to and approval by the county; 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, canceled, or shall expire, then the grantee shall, at the option of the county, and at the expense of grantee and at no expense to the county, and upon demand of the county, 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 director of public works shall approve. The board may, upon written application therefor by grantee, approve the abandonment of any such property in place by grantee and under such terms and conditions as the board may prescribe. Upon abandonment of any such property in place, grantee shall cause to be executed, acknowledged, and delivered to the county such instruments as the county counsel shall prescribe and approve, transferring and conveying the ownership of such property to the county.
(Prior code § 28.55)
A. 
No franchise granted under this article shall ever be given any value by any court or other authority, public or private, in any proceedings of any nature or character, wherein or whereby the county shall be a part or affected therein or thereby. (Section 13.40.510(A))
B. 
Grantee shall be prohibited from directly or indirectly providing information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose.
C. 
If the Federal Communications Commission or the Public Utilities Commission of the state of California or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise granted under this article, then to the extent such jurisdiction shall preempt or preclude the exercise of like jurisdiction by the county the jurisdiction of the county shall cease and no longer exist.
The preemption or preclusion of the exercise by the county of any of its police power shall not diminish, impair, alter, or affect any contractual benefit to the county or grantee nor any contractual obligation of the grantee under any franchise issued hereunder.
Any and all minimum standards governing the operation of grantee and any and all maximum rates, ratios, and charges specified herein or in any franchise issued hereunder, existing now and at any time in the future, including such time as any paramount jurisdiction shall preempt or preclude that of the county, and any and all rights, powers, privileges, and authorities of the county to determine, establish, or fix any of the same, are each and all declared by the county and by any grantee accepting any franchise hereunder to be contractual in nature and to be for the benefit of the county.
D. 
When not otherwise prescribed herein, all matters herein required to be filed with the county shall be filed with the clerk of the board of supervisors.
E. 
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. Service shall be provided where economically feasible.
F. 
Nothing herein is intended to establish any requirements more restrictive than those by the Federal Communications Commission.
G. 
Because the grantee's failure to comply with provisions of this franchise will result in injury to the county, and because it will be difficult to estimate the extent of such injury, the county and the grantee agree to the following liquidated damages. Damage amounts may be adjusted throughout the term of franchise by the county by resolution to take into account increases in the consumer price index.
1. 
For failure to complete construction or extend service in accordance with the franchise: $250 per day for each day the violation continues;
2. 
For failure to comply with material requirements for PEG access use of the cable system: $250 per day for each day the violation continues;
3. 
For repeated, wilful, or continuing failure to submit reports, maintain records, provide documents, maps or information: $200 per day for each day the violation continues;
4. 
For violation of customer service standards: $100 per violation per day and;
5. 
For failure to comply with transfer provisions: $500 per day from the date of unlawful transfer.
(Prior code § 28.60)
At any time prior to the expiration of a franchise granted pursuant to this article, the board may grant an extension of up to 10 years in the term thereof, provided:
A. 
That the grantee has satisfied and performed all conditions of the original franchise and any conditions imposed upon the renewal or extension thereof;
B. 
A noticed hearing shall be held as required herein for the grant of a franchise extension;
C. 
The grantee shall agree to perform any and all conditions that the board shall see fit to require for the extension of the franchise.
(Prior code § 28.65)
A. 
From and after the effective date of the ordinance codified in this article, it shall be unlawful for any person to construct, install or maintain within any public street in the county, or within any other public property of the county, within any privately owned area within the county 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 county, any equipment or facilities for distributing cable services through a cable system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this article, 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 system within this county for the purpose of enabling himself or others to receive or use any cable service, without payment to the owner of said cable system.
C. 
It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure part of the cable system used for distribution of cable service.
D. 
Any violation of the provisions of this article shall be punishable as provided in Article 1.24 of this code.
(Prior code § 28.70)
If any section, subsection, sentence, clause or phrase of this article is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board declares that it would have passed the ordinance codified in this article and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of said ordinance shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder.
(Prior code § 28.75)
The grantee shall not be held in default under, or in noncompliance with, the provisions of this chapter, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snowstorm, hurricane, tornado or other catastrophic act of nature, labor disputes, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the grantee's ability to anticipate and control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the grantee's cable and/or equipment is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
(Prior code § 28.80)
A current index of cable system franchises, including the name of the grantee, franchise service area, and the ordinance number and date of franchise award, shall be maintained in the communications division of the administrative services department. Such index shall be available for public inspection during normal business hours.
(Prior code § 28.100)