A. 
The purposes of this chapter include, but are not limited to, the promotion of the general welfare of the citizens of the county by:
1. 
Establishing a plan for the franchising of cable television services within the unincorporated areas of the county;
2. 
Establishing a regulatory framework for the administration of franchises in order to ensure that the potential recreational, technical, social, economic and other advantages of cable television will in fact inure to the benefit to the citizens of the county;
3. 
To provide for the equal and uniform provisions of the cable televisions services throughout the unincorporated areas of the county;
4. 
To ensure that franchisees have the requisite financial qualifications to promptly complete and operate the cable television system proposed to be constructed hereunder;
5. 
To regulate the operations of franchisee for the purpose of protecting and promoting the public health, peace, safety and welfare.
B. 
The provisions of this section shall be deemed to confer any right upon a franchise which is not otherwise conferred by another expressed provision of this chapter or the franchise agreement.
(Ord. CS 442 §1, 1991)
As used in this chapter, the following terms, phrases and words shall be ascribed the following meanings, unless the context indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. Words not defined herein shall be given their common and ordinary meanings, consistent with the context in which such words are used and the purposes of this chapter.
A. 
"Basic cable service" means the lowest service tier which includes the retransmission of local television broadcast signal, educational channel, and any other channel as prescribed by applicable FCC Regulations received by all subscribers to the company's system.
B. 
"Basic subscriber" means a resident of franchise area who is subscribing to the company's lowest tier of service.
C. 
"Board" means the present governing body of the county or any future board constituting the legislative body of the county.
D. 
"Cable operator" means any person or group of persons:
1. 
Who provides cable service over a cable television system and directly or through one or more affiliates owns a significant interest in such cable system;
2. 
Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable television system.
E. 
"Cable service" means:
1. 
The one-way transmission to subscribers of:
a. 
Video programming, or
b. 
Other programming services;
2. 
Subscriber interaction, if any, which is required for the selection of such video programming or other programming services.
F. 
"Cable television system" or "system" or "CATV 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 terms do 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 use any public right-of-way;
3. 
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, amendment thereof, or any laws or acts replacing the act now in force and the provisions thereof, except that such facility shall be considered a cable television system (other than for purposes of Section 621(c) of CCPA of 1984 or any replacement thereof) to the extent such facility is used in the transmission of video programming directly to subscribers; or
4. 
Any facilities of any electric utility used solely for operating its electric utility systems.
G. 
"CCPA" or "act" means the Cable Communications Policy Act of 1984 (47 USC 521 et seq.) or any subsequent amendment thereto.
H. 
"County" means the county of Stanislaus, a political subdivision of the state of California, or a legislative, or political subdivision or agency thereof.
I. 
"Dwelling units" means residential living facilities as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single-family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple-family residential units.
J. 
"Federal agency" means any agency of the United States including the Federal Communications Commission.
K. 
"Franchise" means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to Section 626 of the CCPA, any amendments or replacements thereof), issued by the county's franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the nonexclusive rights hereunder to construct, operate and maintain a cable system in the unincorporated area of the county.
L. 
"Franchise area" means the territory within the county designated by the board in which the franchisee shall be authorized under this chapter to construct, maintain and operate its system and includes any enlargements thereof and additions thereto made by the board.
M. 
"Franchise/company" means a person or entity to whom a franchise to construct and/or operate a cable television system is issued pursuant to this chapter and the requirements of Section 612 of the CCPA.
N. 
"Franchising authority" means the county of Stanislaus.
O. 
"Gross revenues" means all revenues derived directly or indirectly by the company, its affiliates, subsidiaries, parent, and any other person or entity in which the company has a financial interest or which has a financial interest in the company, arising from or attributable to operation of the cable television system in the franchise area, including, but not limited to: (1) revenue from all charges for those services provided on public, educational, or government access facilities; (2) revenue from all charges for the insertion of commercial advertisements upon the system; (3) revenue from all charges for the leased use of studio; (4) revenue from all charges for the installation, connection and reinstatement of equipment necessary for the utilization of the system and the provision of the subscriber and other services; and (5) the sale or cablecast of any programming developed for community use or institutional users. "Gross revenues" shall not include: (1) any taxes on services furnished by the company which are imposed directly upon any subscriber or user by the United States, state of California or local agency and collected by the company on behalf of the government; (2) revenue received directly from the company by an affiliate, subsidiary or parent of the company or any other person or entity in which the company has a financial interest or which has a financial interest in the company, when the revenue received has already been included in reported gross revenue as received by the company; and (3) revenue received by such an affiliate, subsidiary, parent, or entity when the revenue received is from the sale of national advertising shown on programs distributed on a national basis by the affiliate, subsidiary, parent, person or entity and, but for this exception, that portion of the revenue attributable to broadcasts through the cable television system would be treated as gross revenues.
P. 
"Person" means any individual, firm, partnership, association, joint stock company, trust, corporation, company, organization, or governmental entity of any kind.
Q. 
"PUC" means the California Public Utilities Commission or any designate body of the Commission.
R. 
"Property of franchisee" means all property owned, installed or used by a franchisee in the conduct of the cable television system in the county under the authority of a nonexclusive franchise granted pursuant to this chapter.
S. 
"Public, educational, or governmental access facilities" means:
1. 
Channel capacity designated for public, educational, or governmental use; and
2. 
Facilities and equipment for use of such channel capacity.
T. 
"Service tier" means a category of cable service or other services provided on the subscriber network which is marketed by a franchisee to subscribers for a single monthly or other charge.
U. 
"State" means state of California, or political subdivision or agency thereof.
V. 
"Street" means the surface of and the space above and below any public street, road, highway, freeway, driveway, lane, path, alley, court, sidewalk, parkway, easement, or right-of-way, now or hereafter existing as such within the county.
W. 
"Subscriber" means a lawful recipient of service from a cable television system.
X. 
"User" means a party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
(Ord. CS 442 §1, 1991)
A nonexclusive franchise is required to construct, operate, and maintain a CATV system within the unincorporated areas of the county.
A. 
The right to operate within a specific unincorporated area of the county, defined by the board as a franchise area, may be granted by the board to any entity, whether the entities currently operating under an existing franchise or not, offering to furnish and provide such CATV system under and pursuant to the terms and provisions of this chapter.
B. 
No provision of this chapter may be deemed or construed as to require the granting of a franchise when in the opinion of the board it is in the public interest not to do so or to restrict the number of franchises granted in any given franchise area.
C. 
The franchisee shall offer to furnish the basic cable service to all persons in the franchise area for which a nonexclusive franchise has been granted, pursuant to this chapter, wherein there are fifteen or more potential subscribers per one thousand linear feet of street or road. Such distance shall be measured from the nearest existing trunk cable.
(Ord. CS 442 §1, 1991)
Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the franchise to engage in the business of constructing, operating and maintaining a CATV system in the franchise area. In pursuit of that purpose, the franchisee may erect, install, construct, repair, replace, maintain and retain across and along any street, such equipment, attachments and other property as may be necessary and appurtenant to the CATV system as long as such equipment is maintained in accordance with FCC, PUC and county standards for such equipment. In addition, the franchisee may 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 entity franchised or permitted to do business in the county as long as the use of said property or facility is in accordance with the provisions of this chapter or other applicable county, state, or federal rules and regulations.
(Ord. CS 442 §1, 1991)
No franchise issued pursuant to the provisions of this chapter shall be deemed to expressly or implicitly authorize the franchisee to:
A. 
Enter on, occupy or otherwise utilize private property without the express consent of the owner or agent in possession thereof;
B. 
Utilize poles owned by the Pacific Gas and Electric Company, Pacific Bell, or any other public or private utility which are located within the streets or easements, without the express consent of the utility.
(Ord. CS 442 §1, 1991)
All notices and other writings authorized or prescribed by the provisions of this chapter shall be sent certified mail, return receipt requested, postage prepaid, and addressed, with respect to a franchise, to the location specified in the franchise agreement, and with respect to other parties to the last known address of such party. Notices shall be deemed given upon receipt.
(Ord. CS 442 §1, 1991)
All zoning and other land use ordinances, building, electrical, plumbing and mechanical codes, business license ordinances and all other ordinances of general application now in existence or hereafter enacted by the county shall be fully applicable to the exercise of any franchise issued pursuant to provisions of this chapter, and the franchisee shall comply therewith.
(Ord. CS 442 §1, 1991)
Copies of all petitions, applications, communication and reports submitted by the company to the FCC or any other federal or state regulatory commission or agency having jurisdiction in respect to any matter affecting construction or operation of a cable television system or services provided through such a system shall be filed with the clerk of the board of supervisors of the county upon written request. Copies of responses or any other communication from the regulatory agencies to a franchisee likewise shall be filed upon request with said clerk.
(Ord. CS 442 §1, 1991)
A. 
Except as otherwise expressly provided by this chapter, any judicial proceeding, whether for the recovery of damages or otherwise, brought for the purpose of adjudicating the validity of any provision of this chapter or amendments thereof shall commence no later than thirty calendar days following the latter of:
1. 
The effective date of the provisions; or
2. 
Accrual of the cause of action. In no event shall cause of action be deemed to accrue until the franchisee is given written notice by the county of a dispute regarding the enforcement of the relevant provision of this chapter.
B. 
Any such judicial proceeding brought for the purpose of adjudicating the validity of any rule, order, regulation or determination which purports to have been made pursuant to the provisions of this chapter shall commence no later than thirty calendar days following the date of adoption, issuance or making of such rule, order, regulation or determination provided that notice was given to the party bringing such action prior to adoption or implementation of such rule, order or regulation. No judicial proceeding shall commence in violation of the limitations prescribed by this section.
C. 
The provisions of this section shall not be applicable to any judicial proceeding for the recovery of damages or otherwise, commenced by the county for breach or enforcement of the provisions of this chapter or any regulation or determination purporting to have been issued thereunder.
(Ord. CS 442 §1, 1991)
The county declares that as a result of this chapter and any franchise issued pursuant hereto, a possessory interest subject to property taxation may be created and any such property interest may be subject to property taxation if it is created. The franchisee, as the part in whom the possessory interest will be vested, may be subject to the payment of property taxes levied upon such an interest.
(Ord. CS 442 §1, 1991)