Each CATV system shall, at a minimum:
A. 
Relay to subscriber terminals those broadcast signals required by the FCC;
B. 
Distribute in color all televisions signals which it receives in color;
C. 
Make available, upon request, by any subscribers receiving channels showing premium services and pay-per-view events, a lockout device which prevents the unauthorized viewing of such channels; and
D. 
Make available to subscribers, upon request, an RF switch (an A-B switch) permitting conversion from cable to antenna reception.
(Ord. CS 442 §1, 1991)
Each initial application for a franchise shall include detailed plans and specifications for the cable television system which is proposed by the applicant. The system shall be constructed and installed by a franchisee in compliance with the plans and specifications contained in the application. Upon completion, the applicant shall file "as built" plans with the county showing the detailed location of all underground cable plant and active electronics. The franchisee shall update the aforementioned plans as revisions occur.
(Ord. CS 442 §1, 1991)
Each franchisee shall construct, install and maintain its CATV system in a manner consistent and in compliance with all applicable laws, ordinances, construction standards, governmental requirements, and those technical standards established by the FCC.
A. 
Each franchisee shall at all times comply with the National Electrical Safety Code (National Bureau of Standards); National Electrical Code (National Bureau of Fire Underwriters); California Public Utility Commission General Orders 95, 112-d and 128 or any subsequent revisions thereof; applicable FCC and other federal, state and local regulations; and codes and other ordinances of the county.
B. 
In any event, the CATV system shall not endanger or interfere with the safety of person or property within the county.
C. 
All working facilities, conditions and procedures, used or occurring during construction of the CATV system shall comply with the standards of the Occupational Safety and Health Administration.
D. 
Construction, installation and maintenance of the cable television system shall be performed in an orderly and professional manner, and in close coordination with public and private utilities serving the county following accepted construction procedures and practices and working through existing committees and organizations.
E. 
All cable and wires shall be installed, where possible, parallel with electrical and telephone lines, and multiple cable configurations of a company shall be arranged in parallel and bundled with due respect for engineering consideration.
F. 
Any antenna structure used in the CATV system shall comply with construction, marking and lighting of antennae structures, required by the United States Department of Transportation. A zoning permit for free standing antennas will be obtained in advance from public works in accordance with applicable county ordinances.
G. 
RF leakage shall be in compliance with FCC regulations.
(Ord. CS 442 §1, 1991)
Nothing contained in this chapter shall be construed to limit the authority of the franchisee to make payments in support of the use of public, educational and/or governmental access. However, such payments are expressly not a requirement of any franchise granted hereunder and shall in no event be considered in the calculation of franchise fees pursuant to Sections 6.60.460 et seq. of this chapter.
(Ord. CS 442 §1, 1991)
Use of facilities for public, educational and governmental access upon the CATV system pursuant to section 6.60.220 of this chapter shall be made available, for the production of public, educational and/or governmental access programming cablecast upon the CATV system. Franchisee shall:
A. 
Allow all persons and entities desiring to cablecast public, educational and/or governmental access programming to produce programming upon and electronically interface directly with the cable television system of the franchisee so as to effectively cablecast the public, educational and/or governmental access programming, subject to the approval of the county, which approval shall not be unreasonably withheld;
B. 
Provide basic service in the franchise area without charge to designated county buildings, whether owned or rented, and all not for profit and public schools.
C. 
Ensure all county board meetings are aired and/or made available for reception to all subscribers in the franchise area if such service can be provided at reasonable cost.
(Ord. CS 442 §1, 1991)
Commencing at end of the first full calendar quarter following the issuance of an initial franchise pursuant to the provisions of this chapter, and continuing every calendar quarter thereafter until the date cable television services are made to one hundred percent of the dwelling units within each franchise area, the franchisee shall file with the board or its designated representative a written declaration identifying the number and percentage of dwelling units in each franchise area to which such services have been made available as of the last day of the quarter for which the declaration is made. Upon request, the franchisee shall make available to the county such maps, documents and other data as were used by the franchisee to compile the aforesaid declaration. Said quarterly declarations shall be filed not later than the first day of the second calendar month following the end of the quarter for which the report is filed.
(Ord. CS 442 §1, 1991)
A. 
A final order of completion shall be issued to a new franchisee by the board when:
1. 
Construction of the cable television system has been completed within the entire franchise area in compliance with construction standards and the design and other requirements of this chapter;
2. 
Cable television services have been made available to one hundred percent of the dwelling units within each franchise area;
3. 
Any and all studio facilities, equipment, channels and other services, resources or benefits required for public, educational and governmental access purposes pursuant to the revisions of this chapter have been completed and made available;
4. 
Complete and accurate "as built" plans pursuant to Section 6.60.200 have been filed by the franchisee with the board or its designated representative;
5. 
A notice of completion has been filed by the franchise as hereinafter provided.
B. 
For purposes of this chapter, cable television service shall be deemed to be made available when cable television services are offered on a nondiscriminatory basis for immediate provision to the owner or legal representative of the owner empowered to consent to use of the property of such individual dwelling units.
C. 
For the purpose of determining completion under this section, the total number of dwelling units within each franchise area shall be deemed to be the actual number of units available for occupancy as of a date forty-five calendar days in advance of the date of filing by the franchisee of the notice of completion; provided that the franchisee files the notice of completion with a good faith belief that it has in fact achieved completion as of the date of filing.
D. 
A franchisee who asserts completion shall file written notice of completion with the clerk of the board. The notice of completion shall state the total number of dwelling units available for occupancy within each franchise area forty-five calendar days in advance of the filing of the notice, the total number of dwelling units to which cable television service have been made available within each franchise area as of the date of filing, and shall otherwise certify completion as defined by the first paragraph in this section. Neither the notice of completion nor the statements, assertions or certifications contained therein shall be deemed binding upon the county.
E. 
During the period of construction of the CATV system or during the sixty-day period following filing of the notice of completion, all elements and components thereof, and all equipment and studio facilities required by the franchise documents shall be subject to inspection by the county's telecommunications department employees or authorized agents or representatives thereof, for the purpose of determining whether the system and related facilities comply with the franchise and the provisions of this chapter. The franchisee shall authorize such inspection and provide such information and cooperation as is required in order to permit an adequate investigation to determine the existence or nonexistence of such compliance.
(Ord. CS 442 §1, 1991)
A. 
Except as hereinafter provided, violation by a franchisee of any of the provisions of this chapter caused by circumstances beyond the control of the franchisee shall constitute good and sufficient excuse and justification for such violations precluding the franchisee from being in breach of said provisions. Examples of such excuses include the following: strikes; acts of war; orders by military authority; insurrections; riots; epidemics; landslides; inclement weather; earthquakes; fire; floods; civil disturbances; explosions; and partial or entire failures or delays of utilities. The following are examples of acts or omissions by a franchisee or circumstances which shall be deemed not to be beyond the control of the franchisee and which shall not constitute excuses or justifications for violations:
1. 
The failure at any time by a franchisee or its officers, agents, or employees to exercise diligence in planning, organizing, arranging for or prosecuting the work of construction and installation, or in taking any other action necessary to permit or facilitate the work or construction and installation;
2. 
Unanticipated cost increases or insufficiency of capital with which to take actions necessary to comply or facilitate compliance with any of the provisions of this chapter;
3. 
Delays caused by the failure of a franchisee to diligently apply for and prosecute any request for a required certificate, approval or consent with the FCC.
B. 
Notwithstanding the provisions of subdivisions 1 through 3, inclusive, of subsection A of this section, a franchisee shall not be excused from any violation of the provisions of this chapter except for causes which are beyond the control of the franchisee, and except with respect to violations which have not been contributed to or aggravated by acts or omissions by the franchisee.
C. 
Except as otherwise provided above, violations caused exclusively by acts or omissions by the county, its officers, agents, or employees, shall constitute an excuse and justification for failure of a franchisee to comply with the provisions of this chapter precluding a determination that the franchisee is in breach. However, violations as a result of such exclusive causes shall not be deemed to excuse the franchisee from other violations, shield the franchisee from a determination that it is in breach for other violations, or bar any relief for damages or otherwise as a result of such breach.
(Ord. CS 442 §1, 1991)
Each cable television system, including wires and appurtenances, shall be located and installed and maintained so that none of the facilities endanger or interfere with the lives or safety of person, or interfere with any improvements the county or state may deem proper to make or unnecessarily hinder or obstruct the free use of the streets or other public property. All transmission and distribution structures, lines and equipment erected or installed by a franchisee within the county shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets or other public property.
(Ord. CS 442 §1, 1991)
During the term of each franchise, in advance of occupying, or otherwise utilizing any street, the franchisee shall apply for and obtain any encroachment permit, license, authorization or other approval required by ordinances in force within the county, pay any fees and post any security required by such ordinances, and in the course of construction and installation of the CATV system shall comply with all applicable requirements of such ordinances and any terms or conditions of encroachment permits, license, authorizations or approvals issued thereunder.
(Ord. CS 442 §1, 1991)
A. 
No franchise shall be deemed to expressly or implicitly authorize the franchisee to construct or install poles or wire-holding structures within streets for the purpose of placing cables, wires, lines, or otherwise, without the written consent of the county. Such consent shall be given upon such terms and conditions as the board in its sole discretion may prescribe which shall include a requirement that franchisee obtain an encroachment permit from the director of public works and perform, at its sole expense, all tree trimming required to maintain the poles clear of obstructions.
B. 
With respect to any poles or wire-holding structures which a franchisee is authorized to construct and install within streets, the county or public utility or public utility district serving the county may, if denied the privilege of utilizing such poles or wire-holding structures by the franchisee, apply for such permission to the board. If the board finds that such use would enhance the public convenience and would not unduly interfere with the franchisee's operations, the board may authorize such use subject to such terms and conditions as it deems appropriate. Such authorization shall include the condition that the county, public utility or public utility district pay to the franchisee any and all actual and necessary costs incurred by the franchisee in permitting such use.
(Ord. CS 442 §1, 1991)
A. 
Except as hereinafter provided, in all areas of the county where the cables, wires and other like facilities of a public utility or public utility district are placed underground, each franchisee shall construct and install its cables, wires and other facilities underground. Amplifier boxes and pedestal-mounted terminal boxes may be placed aboveground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe. In any area of the county where there are certain cables, wires and other like facilities of a public utility or public utility district underground and at least one operable cable, wire, or like facility of a public utility or public utility district suspended above the ground from poles a franchisee may construct and install its cables, wires and other facilities from the same pole.
B. 
With respect to any cables, wires and other like facilities constructed and installed by a franchisee aboveground, the franchisee shall, at its sole expense, reconstruct and reinstall such cables, wires, or other facilities underground pursuant to any project under which the cables, wires or other like facilities of such utilities are placed underground within an area. The duty of a franchisee to underground shall arise only if all existing aboveground like facilities of such utilities are placed underground.
(Ord. CS 442 §1, 1991)
If during the term of a franchise the county, a public utility district, a public water district, a public sanitation district, a public drainage district or any other similar special public district elects to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any street or to replace, repair, install, maintain, or otherwise alter any aboveground or underground cable, wire conduit, pipe, line, pole, wire-holding structure, structure, or other facility utilized for the provision of utility or other services or transportation of drainage, sewage or other liquids, the franchisee shall, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and any other facilities which it has installed. If such removal or relocation is required within a subdivision in which all utility lines, including those for the CATV system were installed at the same time, the entities may decide among themselves who is to bear the cost of relocation; provided the county shall not be liable to a franchisee for such costs. Regardless of who bears the costs, a franchisee shall take action to remove or relocate at such time or times as are directed by the agency or company undertaking the work. Reasonable advance written notice shall be mailed to the franchisee advising the franchisee of the date or dates removal or relocation is to be undertaken.
(Ord. CS 442 §1, 1991)
The franchisee shall maintain records of the location of all underground CATV facilities. In addition, the franchisee shall register with Under Ground Service Alert (USA), and shall respond within the prescribed time to locate its facilities. Should the franchisee fail to respond in a timely manner or fail to accurately locate its underground CATV facilities when a proper request has been made through USA for a cable location, the franchisee shall hold the county, its directors, officers, agents and employees harmless for any damage to their CATV system which may occur.
(Ord. CS 442 §1, 1991)
The franchisee shall not, and shall prohibit any officer, agent, employee, contractor or subcontractor which it retains, from removing or trimming any tree or portion thereof (either above, at or below ground level), which is located within a street without the prior written approval of the director of public works of the county. Such consent may be given or withheld upon such tennis and conditions as the director of public works or his designated representative deems appropriate. Each franchisee shall be responsible for, shall indemnify, defend and hold harmless the county, its officers, agents and employees from and against any and all damages arising out of or resulting from removal, trimming, mutilation of or any injury to any tree or trees caused by the franchisee or its officers, agents, employees, contractors or subcontractors.
(Ord. CS 442 §1, 1991)
Each franchisee shall, upon request by any person holding a building moving permit, license, or other approval issued by the county, cities or state, temporarily remove, raise, or lower its wires to permit the movement of buildings. The expense of such removal, raising, or lowering shall be paid by the person requesting same, and a franchisee shall be authorized to require such payment in advance. A franchisee shall be given not less than five days written notice to arrange for such temporary wire changes.
(Ord. CS 442 §1, 1991)
A. 
Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the county or an assignee purchase the CATV system, the franchisee may remove any underground cable from the streets which has been installed in such a manner that it can be removed without trenching or other opening of the streets along the extension of cable to be removed. The franchisee shall not remove any underground cable or conduit which required trenching or other opening of the streets along the extension of cable to be removed, except as hereinafter provided. The franchisee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the streets along the extension thereof or which is ordered to be removed by the county based upon a determination, in the sole discretion of the county, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the streets for public purposes. Any order by the county to remove cable or conduit shall be mailed to the franchisee not later than thirty calendar days following the date of expiration of the franchise. A franchisee shall file written notice with the clerk of the board or a designated representative not later than thirty calendar days following the date of expiration or termination of the franchise of its intention to remove cable intended to be removed and a schedule for removal by location. The schedule and timing or removal shall be subject to approval and regulation by public works of the county. Removal shall be completed not later than twelve months following the date of termination or expiration of the franchise. Underground cable and conduit in the streets which is not removed shall be deemed abandoned and title thereto shall be vested in the county.
B. 
Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the county nor an assignee purchase the franchise, the franchisee, at its sole expense, shall, unless relieved of the obligation by the county, remove from the streets all aboveground elements of the CATV system, including but not limited to amplifier boxes, pedestal-mounted terminal boxes, and cable attached to or suspended from poles, which are not purchased by the county or its assignee.
C. 
The franchisee shall apply for and obtain such encroachment permits, licenses, authorizations or other approvals and pay such fees and deposit such security as required by applicable ordinance of the county, shall conduct and complete the work of removal in compliance with all such applicable ordinances, and shall restore the streets to the same condition they were in before the work of removal commenced. The work of removal shall be completed not later than one year following the date of expiration of the franchise.
(Ord. CS 442 §1, 1991)
A. 
Any director of public works of the county who determines that within his or her jurisdiction a franchisee has committed an act or omission in violation of any of the provisions of Sections 6.60.280 through 6.60.350 shall be authorized to mail written notice of the violation to the franchisee.
B. 
Not later than seven calendar days following the franchisee's receipt of such notice, the franchisee shall be authorized to file a request for a hearing with the clerk of the board. The franchisee shall also file a copy of the notice in the office of the director of public works. The board shall conduct the hearing and shall do so within sixty calendar days of the request for a hearing unless the parties shall mutually agree on a hearing date outside of the sixty calendar days. During the hearing, the franchisee shall be authorized to represent oral and documentary evidence and cross-examine witnesses. Formal rules of evidence shall not be applicable.
C. 
If no hearing is requested within ten calendar days following franchisee's receipt of the notice and the franchisee has failed to correct the violation, or if a hearing has been held and the franchisee ruled in violation and within thirty calendar days following the franchisee's receipt of an order to correct violation by the board, the franchisee has failed to correct the violation through assignment of such task to his or her subordinate personnel or delegation of authority to take such corrective action to a public utility, public district, contractor or other third party, the franchisee shall be liable for the full amount of any charges made for such corrective action, any salary and benefit costs of any public employees assigned to take such corrective action, and the costs of material, supplies and goods utilized in taking such corrective action.
D. 
The provision of this section shall not be construed to fix the date of a breach by a franchisee of any of the provisions of this chapter at the prescribed period following franchisee's receipt of the notice of violation, or to prevent a determination that a franchisee has breached any said sections in advance either of the ten days following the mailed notice or in advance of mailing the notice or any communication pursuant to this section to the franchisee. Nor shall the provisions of this section be so construed as to relieve the franchisee from liability from any damages which may arise out of and be proximately caused by breach by a franchisee of any of the provisions of said provisions.
(Ord. CS 442 §1, 1991)