The purposes of this chapter include, but are not limited to,
the promotion of the general welfare of the citizens of the Sacramento
Community by:
a.
Establishing
a master-plan for the franchising of cable television services within
the Sacramento Community;
b.
Establishing
a regulatory framework for the administration of franchises in order
to insure that the potential recreational, educational, social, economic
and other advantages of cable television will in fact inure to the
benefit of the Sacramento Community and the citizens thereof;
c.
To
provide for the unified administration of cable television franchises
in order to reduce the danger that the nature and extent of services
received and benefit derived therefrom will be dependent upon the
jurisdiction in which a citizen of the Sacramento Community resides;
and
d.
Regulate
the operations of Franchisees for the purpose of protecting and promoting
the public health, peace, safety and welfare.
The provisions of this section shall not be deemed to confer
any right upon a Franchisee which is not otherwise conferred by another
express provision of this chapter.
(SCC 488 § 1, 1981)
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
Service" shall mean:
i.
A single Tier of Service provided in connection with each residential
hook-up for a uniform monthly charge, if any, which includes the following:
1.
Reception of all local television broadcasting stations as prescribed
by applicable FCC Regulations (47 C.F.R. 76.51 through 76.67, inclusive)
as said regulations exist on March 1, 1981;
2.
Any additional stations which may be required by FCC Regulations
enacted subsequent to March 1, 1981;
3.
With respect to the Initial CATV Franchise, one of the channels made
available to K.V.I.E. (in addition to the pre-existing channel operated
by K.V.I.E. otherwise required to be carried), as "K.V.I.E." is defined
by the Request for Proposals, if the Franchisee has proposed commitment
of one or more channels to K.V.I.E. in its application for the franchise;
4.
With respect to the initial CATV Franchise, one of the channels made
available to the Educational Consortium, as the "Educational Consortium"
is defined by the Request for Proposals, if the Franchisee has proposed
commitment of one or more channels to the Educational Consortium in
its application for the franchise;
6.
Any other or additional cable television services proposed by a Franchisee
in its application to be included within Basic Service.
ii.
If proposed in the application submitted by a Franchisee and prescribed
by the Resolution Offering the Franchise, one or more Tiers of Service
which consist of less television reception services than prescribed
by "(i)", above, provided in connection with each residential hook-up
for a uniform monthly charge, if any.
b.
"Cable
Television System" shall mean a system of antennae, cables, wires,
lines, towers, waveguides, or other conductors, converters, amplifiers,
headend equipment, master controls, earth stations, equipment and
facilities, designed and constructed for the purpose of producing,
receiving, transmitting, and distributing, audio, video and other
forms of electronic or electrical signals within the Sacramento Community,
including both Subscriber Networks and Institutional Networks.
A "Cable Television System" shall not include any facility which
serves or will serve exclusively only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, one or more
condominiums, a mobilehome park, or a residential subdivision with
private roads, which is not installed in and does not use streets
and other public and utility rights-of-way.
c.
"Cable
Television Commission" or "Commission" shall mean the Sacramento Metropolitan
Cable Television Commission created pursuant to the provisions of
Sub-Chapter 2, or any successor in interest thereof established by
the County and Cities.
d.
"Cities" shall mean the city of Sacramento, the City of Folsom, and the City of Galt, each of which enacted the provisions of this chapter in identical form and did not adopt a resolution disapproving selection of the Franchisee under the Initial CATV Franchise pursuant to Section 5.50.212, in Sub-Chapter 3, and any city in Sacramento County incorporated after the date that the initial franchise was issued, which enacts this chapter in identical form, as this chapter exists on the date of enactment and executes the agreement contained in Section 5.50.112.
e.
"Community
Use," "Community Use Programming," and "Community Use Channels" shall
mean use, programming or channels for purposes of non-commercial cablecasts
presented by or in behalf of a Franchisee, the County or Cities, individuals
and local community non-profit organizations, which consist of topics
of special interest to the Sacramento Community or elements thereof,
including matters of a political, governmental, sociological, religious,
educational, cultural, artistic, health oriented, ethnic, economic,
recreational, charitable and philanthropic nature; a significant part
of such programming having been locally produced. "Non-Commercial"
means: (i) the content of such programming shall not be for the purpose
of either directly or indirectly selling any product or service for
private gain; and (ii) that the programming shall not be associated
with or interrupted during presentation by commercial advertising
or announcements presented for the purpose of selling products or
services for private gain.
f.
"Converter"
shall mean an electronic device which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, and by an appropriate channel selector also permits
a subscriber to view all signals delivered at designated converter
dial locations.
g.
"County"
shall mean the County of Sacramento.
h.
"FCC"
shall mean the Federal Communications Commission and any legally appointed,
designated or elected agent or successor thereof.
i.
"Franchise
Documents" shall, with respect to a franchise for a Cable Television
System issued pursuant to the provisions of this chapter, mean the
provisions of this chapter, the map defining any Imposed Service Area
for the franchise as adopted by resolution, the provisions of any
Request for Proposals issued pursuant to the provisions of this chapter
in connection with that franchise, the provisions of the application
for the franchise submitted by the Franchisee, the provisions of the
resolution offering the franchise, and the provisions of the certificate
of acceptance by the Franchisee of the franchise. Any amended and
restated resolution regarding a franchise issued to any Franchisee,
adopted subsequent to the issuance of such franchise, shall be considered
one of the Franchise Documents in lieu of the resolution offering
the franchise to that Franchisee.
j.
"Franchisee"
shall mean the party to whom a franchise to operate a Cable Television
System is issued pursuant to the provisions of this chapter.
k.
"Governing
Body" shall mean the Board of Supervisors with respect to the County,
and each City Council with respect to the Cities.
l.
"Gross
Revenues" shall mean all cash, credits, property of any kind or nature
or other consideration derived directly or indirectly by a Franchisee,
its affiliates, subsidiaries, parent, and any other person or entity
in which the Franchisee has a financial interest or which has a financial
interest in the Franchisee, arising from or attributable to operation
of the Cable Television System, including, but not limited to: (i)
revenue from all charges for those services provided on the Subscriber
Network and Institutional Network (including Leased Access fees);
(ii) revenue from all charges for the insertion of commercial advertisements
upon the System; (iii) revenue from all charges for the leased use
of studios; (iv) revenue from all charges for the installation, connection
and reinstatement of equipment necessary for the utilization of the
System and the provision of Subscriber and other services; and (v)
the sale, exchange or use or cablecast of any programming developed
for community use or institutional users. "Gross Revenues" shall include,
valued at retail price levels, the value of any goods, services or
other remuneration in non-monetary form received by the Franchisee
or others described above in consideration for performance by the
Franchisee or others described above of any advertising or other service
in connection with the Cable Television System.
"Gross Revenues" shall not include: (i) any taxes on services
furnished by the Franchisee which are imposed directly upon any Subscriber
or User by the United States, State of California or local agency
and collected by the Franchisee on behalf of the government; (ii)
revenue received directly from the Franchisee by an affiliate, subsidiary
or parent of the Franchisee or any other person or entity in which
the Franchisee has a financial interest or which has a financial interest
in the Franchisee, when the revenue received has already been included
in reported Gross Revenue as received by the Franchisee; and (iii)
revenue received by such an affiliate, subsidiary, parent, person
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.
m.
"Initial
CATV Franchise" shall mean the first franchise for a Cable Television
System issued pursuant to the provisions of this chapter.
n.
"Institutional
Network" shall mean a cable communications network used exclusively
for the provision of services to businesses, schools, public agencies
or other non-profit agencies in connection with the ongoing operations
of such enterprises.
o.
"Interactive
Services" shall mean services provided to subscribers or users where
the subscriber either: (i) both receives information consisting of
either television or other signals and transmits signals generated
by the subscriber or user or equipment under his control for the purpose
of selecting what information shall be transmitted to the subscriber
or user for any other purpose; or (ii) transmits signals to any other
location for any purpose.
p.
"Leased
Access" shall mean use on a fee-for-service basis of the Subscriber
Network or Institutional Network by business enterprises (whether
profit, non-profit or governmental) to render services within the
Sacramento Community.
q.
"Monitoring"
shall mean observing a communications signal, or the absence of a
signal, where the observer is not the subscriber, whether the signal
is observed by visual or electronic means, for any purpose whatsoever;
provided that "Monitoring" shall not include systemwide, non-individually
addressed sweeps of the Cable Television System for purposes of verifying
System integrity, controlling return path transmissions, or billing
for pay services.
r.
"Sacramento
Community" shall mean the entire geographical territory within the
unincorporated area of the County and the corporate limits of the
Cities.
s.
"Streets"
shall mean the surface of and the space above and below any street,
road, highway, freeway, utility right-of-way or any other easement
which now or hereafter exists for the provision of public or quasipublic
services to residential or other properties, and in which the County
or Cities are expressly or impliedly authorized or empowered to permit
use for installation and operation of a Cable Television System.
t.
"Subscriber"
shall mean a lawful recipient of service from a Cable Television System.
u.
"Subscriber
Network" shall mean a cable communications network which carries television
entertainment channels and Community Use Channels (including Basic
Service) and may carry channels providing commercial or other non-entertainment
services and Leased Access channels.
v.
"Tier
of Service" shall mean a grouping of program services on the Subscriber
Network which is marketed by a Franchisee to Subscribers for a single
monthly or other charge. "Basic Service" as defined by "(i)" under
subparagraph "a" of this section shall constitute a single Tier of
Service. "Basic Service" as authorized under "(ii)" of subparagraph
"a" of this section shall constitute a separate and distinct tier
of Service.
w.
"User"
shall mean 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.
(SCC 488 § 1, 1981; SCC
499 § 1, 1982; SCC 565 § 1, 1983; SCC 717 § 1, 1988; SCC 1095
§ 1, 1997)
Except as otherwise provided by this chapter, Streets within
the Sacramento Community shall not be occupied by or used for a Cable
Television System except under a franchise issued pursuant to the
provisions of this chapter or under a license issued pursuant to the
provisions of Chapter 5.75 of this Code.
(SCC 488 § 1, 1981; SCC
690 § 2, 1987)
Any franchise issued pursuant to the provisions of this chapter,
shall be deemed to:
a.
Authorize
utilization of the Streets for the public or quasi-public purpose
of installing cables, wires, lines, and other facilities in order
to operate a Cable Television System;
b.
Be
nonexclusive, and neither expressly nor impliedly be deemed to preclude
the issuance of subsequent franchises to operate Cable Television
Systems within the Sacramento Community; and
c.
Be
for a term prescribed by the issuing authority which shall not extend
beyond December 31, 2007.
|
Such a franchise shall not be deemed to authorize or either
expressly or impliedly permit the Franchisee, except with the consent
of the owners, to provide Cable Television System service to, or install
antennae, cables, wires, lines, towers, waveguides, other conductors,
converters, or any other equipment or facilities upon private property,
including, but not limited to, apartment complexes, condominiums,
mobilehome parks and residential subdivision developments with private
roads. The purpose of this paragraph is to require owner consent for
the provision of service. This paragraph shall not be construed to
prohibit a Franchisee from entering or utilizing private property
as an incident to its use of the Streets to the extent entry or use
is expressly or impliedly authorized by the right conferred by this
section to occupy the Streets.
|
(SCC 488 § 1, 1981; SCC
604 § 1, 1984)
A franchise issued pursuant to the provisions of this chapter shall be deemed to constitute a contract between the Franchisee and the Cable Television Commission. Each Franchisee shall be deemed to have contractually committed itself to comply with the terms, conditions and provisions of the Franchise Documents, and with all rules, orders, regulations, and determinations applicable to the franchise which are issued, promulgated or made pursuant to the provisions of this chapter. The regulatory authority conferred by the provisions of this chapter, including the power to amend the provisions of this chapter as reserved under Section 5.50.038, below, shall constitute a reserved authority under the contract.
All terms, conditions and provisions of the contract shall be
deemed to be embodied in the Franchise Documents, and conflicts in
terms, conditions or provisions of the Franchise Documents shall be
resolved as follows:
a.
The
express terms of this chapter shall prevail over conflicting or inconsistent
provisions in any other Franchise Document;
b.
The
express terms of any amended and restated resolution regarding a franchise
issued to any Franchisee shall prevail over conflicting or inconsistent
provisions in any other Franchise Document (including any prior amended
and restated resolution), except the express terms of this chapter;
c.
The
express terms of the resolution offering the franchise shall prevail
over conflicting or inconsistent provisions in any other Franchise
Document, except the express terms of this chapter and any subsequently
adopted amended and restated resolution regarding the franchise;
d.
The
express terms of the request for proposals shall prevail over conflicting
or inconsistent provisions in either the application for the franchise
or the certificate or acceptance of the franchise; and
e.
The
express terms of the application for the franchise shall prevail over
inconsistent or conflicting provisions in the certificate of acceptance
of the franchise.
|
The provisions of the Franchise Documents shall be liberally
construed in order to effectuate the purposes and objects thereof.
Prior to the initial enactment of this chapter, the provisions of
this chapter were developed pursuant to numerous public hearings conducted
for the purpose of receiving comments from the citizenry, operators
interested in applying for a franchise in meetings with staff and
through the submission by the operators of public oral and written
comments, and the submission of independent staff recommendations.
Operators interested in applying for a franchise have either directly
or indirectly made it clear that any ordinance must contain minimum
terms satisfactory to the operators in order to induce their interest
in applying for a franchise, and innumerable changes have been made
in drafts of this chapter at the request of operators. The Franchise
Documents shall not be construed to constitute a contract of adhesion.
|
(SCC 488 § 1, 1981; SCC
717 § 2 1988)
The Initial CATV Franchise shall permit the operation of the
Cable Television System throughout the geographic area of the entire
Sacramento Community pursuant to the provisions of this chapter as
the Franchise Area.
The Franchise Area for any franchise subsequently issued under
the provisions of this chapter shall be defined by the Board of Directors
of the Cable Television Commission.
No Franchisee shall be authorized by the provisions of this
chapter to construct, install or operate a Cable Television System
outside its designated Franchise Area.
Installation and extensions of and additions to Cable Television Systems and service is mandated within Franchise Areas pursuant to the terms, conditions and requirements set forth in Article 4-b of Sub-Chapter 4.
(SCC 488 § 1, 1981)
No franchise issued pursuant to the provisions of this chapter
shall be deemed to expressly or impliedly authorize the Franchisee
to utilize poles owned by the Pacific Gas and Electric Company, Pacific
Telephone, the Municipal Utility District or any other public or private
utility which are located within Streets, without the express consent
of the utility.
(SCC 488 § 1, 1981)
All notices and other writings authorized or prescribed by this
chapter to be "mailed", shall be deemed to have been given and served
when deposited in the United States Mail, postage prepaid, and addressed,
with respect to a Franchisee to any office maintained by the Franchisee
within the Sacramento Community, and with respect to other parties
to the last known address of such party.
Any notice or other writing authorized or required by this chapter
to be "filed", shall be deemed "filed" when received in the business
office of the party with whom such notice or writing is authorized
or required to be "filed".
Whenever a provision of this chapter requires a public hearing
to be conducted by the Board of Directors of the Cable Television
Commission, notice of the time, date, place and purpose of the hearing
shall be published at least once not later than 10 calendar days in
advance of the date of commencement of the hearing in a newspaper
of general circulation which is published within the Sacramento Community.
Each Franchisee who is interested in the hearing and who is providing
service on the Subscriber Network shall also, at its sole cost and
expense, announce the time, date, place and purpose of the hearing
on at least two channels which are included in Basic Service between
the hours of 7:00 p.m. and 9:00 p.m. for five consecutive days prior
to the hearing. The failure of a Franchisee to announce a public hearing
in the manner herein prescribed shall not invalidate such hearing
or any action taken as a result of or subsequent to the conduct thereof.
(SCC 488 § 1, 1981)
Any Franchisee or parent, subsidiary or affiliated company or
agent thereof who leases either real property situated within the
Sacramento Community or personal property to be located within the
Sacramento Community for use in connection with the provision of services
under a franchise issued pursuant to the provisions of this chapter,
shall insure that each such lease contains a clause which either:
(i) authorizes that lessee to assign the lease to the Cable Commission
or its assignee without the consent of the lessor or payment of additional
compensation by virtue of the assignment; or (ii) authorizes such
Lessee to so assign such lease without payment of additional compensation
by virtue of the assignment and prohibits the lessor from unreasonably
withholding consent to such assignment.
(SCC 488 § 1, 1981)
With respect to the County and chartered Cities enacting this
chapter, it is declared that this chapter is enacted pursuant to the
authority conferred by their charters. With respect to the County
and Cities it is also enacted pursuant to the police powers conferred
by Article XI, Section 7 of the California Constitution for the promotion
and protection of the peace, health, safety and general welfare of
the citizens within their respective jurisdictions.
(SCC 488 § 1, 1981)
It is hereby declared that the unified process for the administration
of franchises issued pursuant to the provisions of this chapter is
necessary for protection and promotion of the convenience and welfare
of all of the citizens of the Sacramento Community, and that fragmentation
in administration or right to administer such franchises resulting
from the future incorporation of cities within the unincorporated
area of the County would be detrimental to the convenience and welfare
and the purposes of this chapter.
Therefore, the incorporation of any city within the unincorporated
area of the County during the initial term of any franchise issued
pursuant to the provisions of this chapter shall not operate to either
divest the Franchisee of its authority to install or provide services
through its Cable Television System within the newly incorporated
area or vest the newly created city with any administrative or other
authority respecting operations by the Franchisee under the franchise
except to the extent that the city becomes a member of the Commission.
Until the newly incorporated area becomes a member of the Commission
during the initial term of the franchise, the County and Cable Television
Commission shall continue to administer the provisions of this chapter
for the benefit of the inhabitants of a newly incorporated area in
the same manner as if the area had not been incorporated.
Upon expiration of the initial term of a franchise, the provisions
of this chapter shall cease to be applicable to that portion of the
Cable Television System and the operations by the Franchisee thereof
within the municipal limits of any city which is incorporated subsequent
to the commencement of the initial term and which does not become
a member of the Commission. The Sacramento Community shall not be
deemed to include any area within the limits of a city incorporated
after the date this chapter becomes effective and prior to the filing
of the certificate of acceptance of any franchise unless said city
becomes a member of the Commission.
(SCC 488 § 1, 1981; SCC
1095 § 2, 1997)
The annexation of unincorporated area of the County by a city
which has either not enacted this chapter or is not a member of the
Cable Television Commission during the initial term of any franchise
issued pursuant to the provisions of this chapter shall not operate
to either divest the Franchisee of its authority to install or provide
services through its Cable Television System within the annexed area
or vest the city with any administrative or other authority whatsoever
respecting operations by the Franchisee under the franchise. During
the initial term, the County, Cities and Cable Television Commission
shall continue to administer the provisions of this chapter for the
benefit of the inhabitants of the annexed area in the same manner
as if the area had not been annexed.
Upon expiration of the initial term of a franchise, the provisions
of this chapter shall cease to be applicable to that portion of the
Cable Television System and the operations by the Franchise thereof
within any area which has been annexed by a city that is not a member
of the Commission. The Sacramento Community shall not be deemed to
include any area annexed by such a municipality subsequent to the
date this chapter becomes effective and prior to the filing of the
certificate of acceptance of any franchise.
(SCC 488 § 1, 1981; SCC
1095 § 3, 1997)
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 Governing Bodies of the County and Cities shall be
fully applicable to the exercise of any franchise issued pursuant
to the provisions of this chapter, and the Franchisee shall comply
therewith. In the event of a conflict between the provisions of this
chapter and those of such an ordinance of general application, the
provisions of such ordinance of general application shall prevail.
(SCC 488 § 1, 1981)
The provisions of this chapter shall not become effective or
operable unless said provisions are enacted in identical form by both
the Governing Body of the County and the Governing Body of the City
of Sacramento. The provisions of this chapter shall become applicable
within the geographic boundaries of the other Cities, upon the enactment
of the provisions of this chapter in identical form by the Governing
Body of each such city.
From and after the date on which the certificate of acceptance for the Initial CATV Franchise is filed pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3, no addition to, deletion from, alteration of the provisions of, repeal or other amendment of this chapter shall become effective unless such amendment or repeal is enacted by the Governing Body of the County and the Governing Body of the City of Sacramento. After enactment of the provisions of this chapter by the Governing Bodies of the Cities, no addition to, deletion from, alteration of the provisions of, repeal or other amendment of this chapter enacted by the Governing Bodies of the County and City of Sacramento shall become effective within the boundaries of any of said cities which are members of the Commission unless such amendment is enacted by the Governing Body of the particular city.
(SCC 488 § 1, 1981; SCC
1095 § 4, 1997)
Except as hereinafter provided, any franchise issued pursuant to the provisions of this chapter shall be subject and subordinate during its term to exercise of the police powers for protection and promotion of the public health, safety and welfare through amendment of this chapter as authorized by Section 5.50.036, above. In the absence of an emergency, and without the consent of the Franchisee, the following provisions of this chapter shall not be altered or repealed as applied to a franchise for which a certificate of acceptance has been filed in compliance with the provisions of Section 5.50.220 in Sub-Chapter 3 in advance of the effective date of the alteration or repeal:
b.
The right to receive compensation for acquisition by the Cable Television Commission or its assignee of any of a Franchisee's property utilized in the performance of services under the franchise in accordance with the valuation standards prescribed by Sections 5.50.246 and 5.50.248 in Sub-Chapter 3;
(SCC 488 § 1, 1981)
Any franchise issued pursuant to the provisions of this chapter
shall be in the name of the Cable Television Commission as the franchisor.
(SCC 488 § 1, 1981)
The provisions of this chapter shall not be so construed as
to in any manner restrict or impair the power or authority of the
Governing Bodies of the County or the Cities to issue cable television
franchises and/or licenses within their jurisdictional boundaries.
(SCC 488 § 1, 1981; SCC
690 § 3, 1987)
Copies of all petitions, applications, communications, and reports
submitted by a Franchisee to the FCC, Securities and Exchange Commission,
or any other Federal or State regulatory commission or agency having
jurisdiction in respect to any matters affecting construction or operation
of a Cable Television System or services provided through the System,
also shall be filed simultaneously with the Clerk of the Board of
Directors of the Cable Television Commission. Copies of responses
or any other communications from the regulatory agencies to a Franchisee
likewise shall be filed immediately on receipt with said Clerk.
(SCC 488 § 1, 1981)
The Cable Television Commission shall have the right of intervention
in any suit or proceedings to which a Franchisee is a party, and the
Franchisee shall not oppose such intervention by the Commission.
(SCC 488 § 1, 1981)
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 or any provision of the other Franchise Documents shall be commenced not later than 30 calendar days following the latter of: (1) the effective date of the provisions; or (2) the accrual of the cause of action. Any such judicial proceeding brought for the purpose of adjudicating the validity of any rule, order, regulation, determination or arbitration award which purports to have been made pursuant to the provisions of this chapter or of any of the other Franchise Documents shall be commenced not later than 30 calendar days following date of adoption, issuance or making of such rule, order, regulation, determination or arbitration award or, as to the Franchisee, not later than 30 calendar days following the giving and serving of notice of said adoption, issuance or making of such rule, regulation, determination or award pursuant to the provisions of Section 5.50.024 above. No judicial proceeding shall be commenced in violation of the limitations prescribed by this section.
The provisions of this section shall not be applicable to any
judicial proceeding, whether for the recovery of damages or otherwise,
commenced by the Cable Television Commission, County or Cities for
breach or enforcement of the provisions of this chapter or any regulation,
determination or arbitration award purporting to have been issued
thereunder.
(SCC 488 § 1, 1981; SCC
499 § 2, 1982; SCC 565 § 2, 1983)
Should the State of California or any agency thereof, the United
States or any Federal agency, or any State or Federal Court require
either the Cable Television Commission, County, Cities or a Franchisee
to act in a manner which is inconsistent with any provisions of the
Franchise Documents, the Board of Directors of the Cable Television
Commission shall be authorized to determine whether a material provision
of the Franchise Documents is affected in relation to the rights and
benefits conferred by the Franchise Documents upon the Commission,
County, Cities or the public. Upon such determination, the Franchise
Documents shall be subject to modification or amendment to such extent
as may be reasonably necessary to carry out the full intent and purposes
thereof in relation to the rights and benefits of the Commission,
County, Cities or the public and in relation to such State, Federal
or judicial requirement. The Board of Directors of the Cable Television
Commission may terminate a Franchise issued pursuant to the provisions
of this chapter if it determines after consultation with the Franchisee
that substantial and material compliance with the Franchise Documents
in relation to the rights or benefits of the Commission, County, Cities
or the public has been frustrated by such a State, Federal or judicial
requirement.
(SCC 488 § 1, 1981; SCC
565 § 3, 1983)
It shall be unlawful for any person to make or use any unauthorized
connection, whether physically, electrically, acoustically, inductively
or otherwise, with any part of a Cable Television System for which
a franchise has been issued pursuant to the provisions of this chapter
for the purpose of taking or receiving or enabling himself or others
to receive or use any television signals, radio signals, picture,
program or sound, without payment to the owner of said System.
It shall be unlawful for any person, without the consent of
the owner, to wilfully tamper with, remove, injure or vandalize any
part of such a Cable Television System including any cables, wires,
or equipment used for distribution of television signals, radio signals,
pictures, programs or sound.
(SCC 488 § 1, 1981)
The provisions of Section 1.01.150, Chapter 1.01 of Title 1 of this Code shall not be applicable to the provisions of this chapter.
(SCC 488 § 1, 1981)
Notwithstanding any provision in this chapter to the contrary, if any of the Municipalities of Folsom, Isleton or Galt fail to enact the provisions of this chapter on or before December 9, 1981, the geographical territory within the limits of any such Municipality shall be deemed to be excluded from any Franchise Area and Service Area established by or under this chapter, there shall be no opportunity to offer Galt as a Proposed Service Area as otherwise authorized by Section 5.50.404 in Article 4-b of Sub-Chapter 4 should Galt fail to enact this chapter by December 9, 1981, and any and all other provisions of this chapter which impose or confer a right, privilege, duty or limitation upon any such Municipality per se or as included within the definition of "Cities" shall be deemed to be ineffective and null and void.
(SCC 488 § 1, 1981)
