The provisions of Sections
5.50.302 through
5.50.308, below, constitute minimum standards for a Cable Television System installed pursuant to the provisions of this chapter within an Imposed Service Area as defined by Section
5.50.402 in Article
4-b. Higher standards and additional requirements for such a Cable Television System may be established by the request for proposals, the application and other Franchise Documents applicable to each franchise.
The provisions of Sections
5.50.302 through
5.50.308, below, shall not be applicable to a Cable Television System or that portion of such a System which is installed pursuant to the provisions of this chapter within a Proposed Service Area, as defined by Section
5.50.402 in Article
4-b. Minimum standards for such a Cable Television System or portion thereof installed within a Proposed Service Area may be established by the request for proposals, the application and other Franchise Documents applicable to each franchise.
(SCC 488 § 1, 1982)
Each Cable Television System shall, at minimum:
a. Relay
to subscriber terminals those broadcast signals required by the FCC;
b. Distribute
in color all television 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;
d. Make
available to subscribers, upon request, an Rf switch permitting conversion
from cable to antenna reception;
(SCC 488 § 1, 1981)
The provisions of this section express the intention and desire
of the Commission. Applicants shall be authorized but not required,
to include within their applications cable capacities which comport
with the provisions of this section. An applicant who chooses to make
a cable capacity proposal at variance with the provisions of this
section shall not be disqualified from bidding or consideration in
selection of the Franchisee. It is expressly declared that the factors
upon which selection will be based are so numerous and subjective
as to make it impossible to know in advance the relative importance
of a determination by an applicant to either make or not to make such
a proposal in relation to other factors upon which award of a franchise
will be based. The Cable Television System installed pursuant to the
Initial CATV Franchise should consist of not less than two cables
for the Subscriber Network, plus a third cable for the Institutional
Network. Each of the three cables should have a capacity of not less
than 35 channels.
The cables for the Subscriber Network should be installed within Service Area and outside thereof in such a manner as to comply with the availability of service requirements established by Article
4-b. One of the cables for the Subscriber Network should be fully operational as services are required to be made available pursuant to the provisions of Article
4-b. The second cable for the Subscriber Network should be installed at the same time as the other two cables, but may be initially inoperable. The second cable for the Subscriber Network should become operable by such date or within such time as is prescribed within the application submitted by the Franchisee or resolution offering the franchise.
The cable for the Institutional Network should be fully operational as services are required to be made available pursuant to the provisions of Article
4-b. The cable for the Institutional Network may be installed in all areas in which the Subscriber Network cables are installed. Within Service Areas applicable to a franchise, the cable for the Institutional Network should pass such public and institutions, facilities and buildings as are prescribed by the request for proposals.
(SCC 488 § 1, 1981; SCC
565 § 8, 1983)
Each Cable Television System shall include equipment capable
of providing standby powering for headend, transportation and trunk
amplifiers for a minimum of two hours. The equipment shall be so constructed
as to automatically notify the cable office when it is in operation
and to automatically revert to the standby mode when the AC power
returns. The system shall incorporate all safeguards necessary to
prevent injury, to a lineman resulting from a standby generator powering
a "dead" utility line.
(SCC 488 § 1, 1981)
Each Cable Television System shall include an "Emergency Alert
Capability" which will permit the County and Cities, in times of emergency,
to override by remote control alternatively the audio and video of
all channels simultaneously.
Each Cable Television System shall include the capability to
broadcast from the County's headquarters for Civil Defense, Disaster
and Emergency Services.
(SCC 488 § 1, 1981)
The interconnection capability of Cable Television Systems with
other Cable Systems within the greater Sacramento metropolitan area
and obligations of each Franchisee with respect to such interconnection
shall be as prescribed by the request for proposals or other Franchise
Documents for each franchise.
(SCC 488 § 1, 1981)
Each 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, except as modified by other Franchise Documents.
(SCC 488 § 1, 1981)
Each Franchisee shall construct, install and maintain its Cable
Television System in a manner consistent and in compliance with all
applicable laws, ordinances, construction standards, governmental
requirements, FCC technical standards and detailed standards set forth
in the Franchise Documents. Each Franchisee shall provide to the Cable
Television Commission, upon request, written reports of the Franchisee's
annual proof of performance tests conducted pursuant to FCC standards
and requirements.
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; Applicable FCC and other
Federal, State and local regulations; and Codes and other ordinances
of the County and Cities.
b. In
any event, the Cable Television System shall not endanger or interfere
with the safety of persons or property within the Sacramento Community
or other areas where the Franchisee may have equipment located.
c. All
working facilities, conditions, and procedures, used or occurring
during construction of the Cable Television 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 workmanlike manner, and in close coordination
with public and private utilities serving the Sacramento Community
following accepted construction procedures and practices and working
through existing committees and/organizations.
e. All
cables and wires shall be installed, where possible, parallel with
electric and telephone lines, and multiple cable configurations shall
be arranged in parallel and bundled with due respect for engineering
consideration.
f. Any
antenna structure used in the Cable Television System shall comply
with construction, marking, and lighting of antennae structures, required
by the United States Department of Transportation.
g. Rf
leakage shall be checked at reception locations for emergency radio
services to prove no interference signal combinations are possible.
Radiation shall be measured adjacent to any proposed aeronautical
navigation or communication radio sites to prove no interference to
air navigational reception.
(SCC 488 § 1, 1981)
The purposes of this section through Section
5.50.326, below, are to require that workers engaged in the initial construction of Cable Television Systems and in the ongoing installation, maintenance, repair, extension, reconstruction and subsequent construction of such Systems are compensated during the term of each franchise at not less than prevailing rates as defined by Section
5.50.318, and to establish self-enforcing mechanisms to insure compliance with such requirements.
(SCC 488 § 1, 1981)
The compensation for workers engaged in the initial construction
of Cable Television Systems and in the installation, maintenance,
repair, extension, reconstruction and subsequent construction of such
Systems shall in each instance be not less than the prevailing rate
for comparable service in other employment associated with initial
construction, installation, maintenance, repair, extension, reconstruction
and subsequent construction of cable systems and other work of a similar
nature (excluding work performed by employees of municipally owned
public utilities) within the Counties of Los Angeles, San Diego, Orange,
Alameda, San Bernardino, Santa Clara, Sacramento (other than the Franchisee
in connection with whom the prevailing rate is to be paid), San Francisco
(City and County), Riverside, and Contra Costa, whenever such prevailing
rate can be ascertained within such Counties.
The provisions of Sections
5.50.316 through
5.50.326 shall not be applicable to the installation of cable within subdivisions; when the work of installation is undertaken by the owner of the subdivision or a general contractor or subcontractor of the owner, and the cable is installed during the development of the subdivision at the same time as other utilities and public improvements including sewers, storm drains, electrical, gas and telephone lines, and street improvements are being installed, whether the work of installation of the cable is performed pursuant to a contract between the Franchisee and the owner of the subdivision or otherwise.
(SCC 488 § 1, 1981; SCC
556 § 6, 1983)
Whenever under Section
5.50.322, below, a prevailing rate is required to be ascertained, the Board of Directors of the Cable Television Commission shall appoint a person or firm to conduct a prevailing rate study and determine the prevailing rates. The person or firm appointed shall not be an officer, agent, employee or representative of the Franchisee, the Cities, the County, the Commission or any labor union or organization, and the Board of Directors shall be the sole judge of the qualifications of the appointee. All compensation and costs payable to the appointee for services rendered shall be paid by the Franchisee. The Board of Directors may, prior to execution of any contract by which the appointee is retained to render services, require the Franchisee to deposit a sum equal to the reasonably estimated cost of compensating the appointee for the services to be rendered.
The appointee shall identify the jobs and positions with respect to which the prevailing rate determination will be applicable. The Franchisee shall provide all data and information requested by the appointee including, but not limited to, data relating to job titles, job descriptions, work functions, and rates of compensation, and shall, upon request, admit the appointee to the inspection of records and work areas as necessary to allow the appointee to make such personal examination as the appointee desires. The appointee shall conduct a survey of rates of compensation in connection with the initial construction, installation, maintenance, repair, extension, reconstruction and subsequent construction associated with cable systems and other work of a similar nature (excluding work performed by employees of municipally owned public utilities) within the Counties identified by Section
5.50.318, above.
Not later than 90 calendar days following the date of the contract
by which the appointee is retained, the appointee shall arrive at
prevailing rate determinations based upon the survey and the appointee's
analysis, without hearings, and shall prepare and file with the Clerk
of the Board of Directors of the Commission and with the Franchisee
a written report which contains the following information:
a. The
methodology utilized in conducting the survey;
b. The
methodology utilized in arriving at prevailing rate determinations;
c. The
types of compensation, in addition to salary, considered in arriving
at the prevailing rate determinations;
d. With
respect to prevailing rate determinations in connection with initial
construction, installation, maintenance, repair, extension, reconstruction
or subsequent construction of a Cable Television System to be performed
by the Franchisee through independent contracts, a list of all crafts
and other jobs associated therewith, together with the determined
prevailing rates therefor;
e. With
respect to prevailing rate determinations in connection with initial
construction, installation, maintenance, repair, extension, reconstruction
or subsequent construction of a Cable Television System to be performed
by the Franchisee through its own personnel, the following:
1. The job titles of the Franchisee with respect to which a prevailing
rate could not be ascertained within the Counties, and the reasons
why;
2. The prevailing rate for each job title of the Franchisee for which
a prevailing rate could be ascertained within the Counties;
3. A list of those job titles of the Franchisee with respect to which
compensation paid by the Franchisee equals or exceeds the determined
prevailing rate; and
4. A list of those job titles of the Franchisee, if any, with respect
to which compensation paid by the Franchisee is lower than the determined
prevailing rate, together with the amount of difference or differences
between the determined prevailing rate and the actual compensation
paid for each job title.
All investigations, analysis and surveys undertaken by an appointee
shall be performed independently, and the appointee shall not receive
or consider any opinions, argument, claims, suggestions, or other
persuasion concerning such matters or the prevailing rate determination
from the Franchise, interested workers, or labor unions or organizations.
All compensation data received by an appointee from the Franchisee
and others shall be held by the appointee in strict confidence, and
shall not be subject to disclosure to either the Franchisee, the Commission,
the Cities, the County, interested workers, any labor union or organization,
or any member of the public.
|
Any and all determinations made by an appointee, whether or not appearing in the written report, and including, but not limited to, all decisions concerning comparability of services or the absence of comparability, decisions relating to whether a prevailing rate can be ascertained, and decisions concerning the amounts of prevailing rates, shall be final, conclusive, and not subject to judicial review as to the Franchisee, the Cities, the County, the Commission, interested workers, labor unions or organizations or any other interested party; provided that the function performed by the appointee and determinations made shall not be deemed to constitute an arbitration, nor shall the appointee be deemed to be an arbitrator, within the meaning of the provisions of this chapter. The determinations by the appointee shall be judicially enforceable in the manner prescribed by Section 5.50.326, below.
|
(SCC 488 § 1, 1981; SCC
556 § 7, 1983)
A report pertaining to prevailing rates respecting initial construction of the Cable Television System under the Initial CATV Franchise shall be filed by an appointee with the Clerk and the Franchisee not later than April 15, 1984. Notwithstanding the provisions of Section
5.50.320, above, the appointee may be appointed and retained by the Governing Body of the County, and the Governing Body shall be vested with the same rights, powers and duties connected with the selection, appointment and retention of the appointee as are otherwise vested in the Board of Directors of the Cable Television Commission, including the right to compensation for the cost of the appointee's services.
Not later than March 1 in each year thereafter during the term
of a Franchise, the Board of Directors of the Commission shall select,
appoint, and retain an appointee whose responsibility it shall be
to analyze, investigate and survey rates of compensation and make
prevailing rate determinations in connection with workers engaged
in initial construction, installation, maintenance, repair, extension,
reconstruction, and subsequent construction of Cable Television Systems,
whether such workers are employed by the Franchisee or general contractors
or subcontracts or other contractors engaged by the Franchisee to
perform such functions.
(SCC 488 § 1, 1981; SCC
585 § 1, 1984)
With respect to each contract issued by a Franchisee for work
involving the initial construction, installation, maintenance, repair,
extension, reconstruction or subsequent construction of the Cable
Television System, the Franchisee shall include within the contract
prevailing rate data from the latest report filed by an appointee
for all workers performing services in connection with such initial
construction, installation, maintenance, repair, extension, reconstruction
or subsequent construction and require that such workers be compensated
in accordance with such data, and in accordance with prevailing rate
determinations contained in any subsequent report filed during the
term of the contract from and after the date of filing of such report.
Any call for bids with respect to such a contract, shall contain notice
of such requirements. Any such contract shall also include a provision
making the contractor and any subcontractor under him liable for the
difference between actual compensation paid to the workers and the
determined prevailing rates.
Each Franchisee shall, from and after the date of filing of
each report containing prevailing rate determinations by an appointee,
increase the compensation of any of its workers who engage in initial
construction, installation, maintenance, repair, extension, reconstruction
or subsequent construction of the Cable Television System by an amount
necessary to provide compensation which equals the prevailing rate
for the job title shown in the report.
(SCC 488 § 1, 1981)
Any worker who has rendered services in connection with the
initial construction, installation, maintenance, repair, extension,
reconstruction or subsequent construction of a Cable Television System
and any labor union which represents members who perform services
of the same general type as that performed by such workers, shall
be vested with standing to maintain an action for the recovery of
the difference between compensation actually paid for services rendered
and prevailing rates stated in a report filed by an appointee.
The Franchisee, contractor and subcontractor, if any, shall
be jointly and severally liable for any such damages.
Any employee of a Franchisee who, subsequent to the filing with
the Franchisee of a written report by an appointee determining a prevailing
rate for that employee, has been compensated by the Franchisee in
an amount or amounts less than such prevailing rate, and any labor
union which represents members performing services of the same general
type as such an employee, shall be vested with standing to maintain
an action against the Franchisee for the recovery of any such difference
between amounts of compensation actually paid by the Franchisee and
the determined prevailing rate.
(SCC 488 § 1, 1981)
The purpose of this section through Section
5.50.340, below, is to permit applicants for the Initial CATV Franchise to propose plans and resources for Community Use Programming in order to permit the community to design, produce and present programming of local interest and to promote the educational, recreational and character building opportunities of the viewing public.
An applicant who chooses not to make such a proposal shall not
be disqualified from bidding or consideration in selection of the
Franchisee. It is expressly declared that the factors upon which selection
will be based are so numerous and subjective as to make it impossible
to know in advance the relative importance of a determination by an
applicant to either make or not to make such a proposal in relation
to other factors upon which award of the Initial CATV Franchise will
be based.
(SCC 488 § 1, 1981)
Applicants for the Initial CATV Franchise shall be authorized, alternatively, to propose in their applications: (i) no Community Use Programming, by making no reference to Community Use Programming therein; (ii) to propose Community Use Programming in the form of and in accordance with Alternative No. 1, as described by Section
5.50.336, below; or (iii) to propose Community Use Programming in the form of and in accordance with the provisions of Alternative Nos. 1 and 2, as described by Sections
5.50.336 and
5.50.338, below.
An applicant who proposes Community Use Programming in its application
shall include in the application the following in relation to the
Alternative or Alternatives proposed:
a. Any
standard or criteria which will be utilized in connection with the
following matters:
1. The time made available for and Community Use Programming covering
candidates for public elective offices during election campaigns;
3. The legality of program content and violation of the legal rights
of others;
4. Any and all pre-conditions of whatever kind or nature relating to
use by third parties of studio facilities or production equipment
and broadcast of programming presented thereby.
b. The
establishment of an independent body proposed by the applicant to
administer Community Use Programming. Such a body shall not include
any officer or employee of the County, Cities, or Cable Television
Commission. Nor shall the Body include appointees of officers, employees,
Governing Bodies or boards or committees of the County, Cities or
Commission. Once formed or created, the body also shall not include
any Franchisee nor any appointee by a Franchisee or representative
of a Franchisee. Any such proposal shall specifically identify the
following respecting such a body:
1. The legal form of existence;
2. How the body will be established and who will be responsible for
establishment;
3. The size, composition and method of selection and appointment of
members;
4. The terms of members, and grounds and procedures for removal of members,
if any;
5. The specific powers of the body in relation to administration of
Community Use Programming and the means by which such powers will
be exercised and enforced; and
6. The sources and amounts of funding for support of operation of the
body.
(SCC 488 § 1, 1981)
The type of Community Use Programming envisioned by this Alternative
constitutes a form of access opportunity to members of the general
public to produce programming in separate studio facilities with minimal
instructional assistance, direction and control by a Franchisee, on
a first-come-first-serve basis.
Applicants desiring to propose this Alternative shall include
the following within their applications:
a. That
one or more (specifying the number) channels on the Subscriber Network
will be made available exclusively for the type of Access Use Programming
prescribed by this section;
b. If
two or more channels are to be made available for such use, a specification
of the Tier or Tiers of Service in which all such channels except
the one included in Basic Service will be placed;
c. A
description of the location, nature and extent of separate and independent
studio facilities, production equipment, personnel resources and other
resources to be provided in connection with such Access Use and Community
Use Programming, designed in such a manner as to permit operation
by members of the public with minimal training and supervision;
d. A commitment to make the studio facilities, production equipment, personnel resources, other resources and channel(s) available for use, program production and broadcasts 24 hours per day, seven days per week, during the term of the Franchise; the actual number of days per week and hours per day such resources are available for use, program production and broadcasts being subject to regulation from time to time by the independent authority created pursuant to Subparagraph "b" in Section
5.50.334, above;
e. A
commitment to operate and provide the studio facilities, production
equipment, personnel resources, other resources, channel(s) broadcast
time and programming opportunity at the sole cost of the applicant
without any charge whatsoever;
f. A
statement of the nature and extent of all training to be offered by
the applicant respecting equipment operation and training required
as a condition of facility and equipment use and operation by members
of the public; and
g. A
commitment to allow use of the studio facilities, production equipment,
personnel resources, other resources, and channel(s) for the production
and broadcast of Community Use Programming by members of the general
public, including individuals and local non-profit community organizations,
on a first-come-firstserve basis during the term of the franchise.
(SCC 488 § 1, 1981)
The type of Community Use Programming contemplated by this Alternative
is that which is produced as a result of an affirmative effort by
the Franchisee to interest community organizations and groups in program
ideas, development and production, is presented on the Subscriber
Network in minimum quantities prescribed by the application, and is
distributed among the various Tiers of Service as prescribed by the
application.
a. Schedules
showing the number of hours per week new (not previously broadcast
or cablecast within the Sacramento Community) Community Use Programming
will be shown on the Subscriber Network within each Tier of Service
proposed in the application, categorized according to minimum number
of hours per week per Tier of Service between the hours of 6:00 a.m.
and 5:00 p.m., 5:00 p.m. and 11:00 p.m., and 11:00 p.m. and 6:00 a.m.,
with respect to the following variables:
1. Differences in volumes of hours of Community Use Programming at various
times during the term of the Franchise, if the applicant proposes
different volumes of such Programming at various times during the
term of the Franchise;
2. Volumes of hours of audio only Community Use Programming, if the
applicant proposes both audio only and audio and visual Community
Use Programming;
3. The minimum number of hours respecting Community Use Programming
to be produced by the Franchisee;
4. The minimum number of hours respecting Community Use Programming
to be produced by the County or Cities;
5. The minimum numbers of hours respecting Community Use Programming
to be produced by local non-profit community organizations; and
6. Volumes of hours of automated Community Use Programming, as distinguished
from regular nonautomated Community Use Programming, if such automated
Programming is to be shown.
b. A
commitment by the applicant to provide during the entire term of the
Franchise all hours of programming which it has proposed in the schedules
identified by subparagraph "a", above;
c. A
description of the location, nature and extent of studio facilities,
production equipment and personnel and other resources proposed to
be made available at the sole cost of the applicant and without any
charge whatsoever to produce and assist the County, Cities and local
non-profit community organizations in the presentation of Community
Use Programming. The applicant shall indicate whether the studio facilities,
production equipment, staffing resources and other resources will
be exclusively available for Community Use Programming to the County,
Cities and local non-profit community organizations, or whether such
resources will be shared with the applicant's operation or others.
If shared, specific criteria shall be stated showing how time priorities
will be allocated among competing interests to insure, for example,
that studio space and production resources will not be made available
to local organizations only at the least desirable times;
d. Specific
and detailed affirmative strategies to be utilized by the applicant
to solicit and encourage interest by the County, Cities and local
non-profit community organizations in planning, producing and presenting
Community Use Programming to fulfill the broadcast time commitments
proposed; and
e. A
statement of all criteria intended to be utilized by the applicant
to select between and apportioned time among local non-profit community
organizations, the County, and the Cities if the demand to produce
Community Use Programming exceeds the broadcast time proposed in the
schedules identified by subparagraph "a", above.
In addition to the foregoing, and as a part of this Alternative,
an applicant may, but is not required to, propose in its application
a specific number of channels on the Subscriber Network which it would
set aside for the exclusive provision of Community Use Programming
on a Leased Access basis by individuals and local non-profit community
organizations. Such channels, if proposed, shall be subject to lease,
in whole or in part, for Community Use Programming. Programming meeting
the definition of "Community Use Programming" shall be included in
fulfilling the broadcast time proposal contained in sub-paragraph
"a", above. With respect to any such proposal, the application shall
contain the following:
1. An itemization of the amounts of fees and charges, if any, to be
levied by the applicant at various times during the Franchise term
for Leased Access use—the fees and charges, if any, to include
all rights and privileges associated with the lease, use of studio
facilities, production equipment and personnel and other resources,
and broadcast time;
2. Copies of all contract documents to be utilized in connection with
such leases; and
3. A statement as to whether identification of parties to whom channels
will be leased and apportionment of leased time thereon will be vested
within the sole discretion of the applicant, or determined in accordance
with standards or criteria, and if so, a statement of all criteria,
standards and requirements proposed to be utilized by the applicant
in apportioning leased time should the demand therefor exceed the
channel supply.
(SCC 488 § 1, 1981; SCC
556 § 8, 1983)
A Franchisee under the Initial CATV Franchise who has included
within its application for the Franchise a proposal for Community
Use Programming under the above Sections shall comply during the entire
term of the Franchise with all such commitments contained in its application
and the resolution offering the franchise, including, but not limited
to, provision of the specified number of hours of Community Use Programming
pursuant to the terms and conditions stated, allocation and use of
channels pursuant to the terms and conditions stated, and provision
of all studio facilities, production equipment, personnel resources
and other resources identified for the uses specified pursuant to
the terms and conditions stated. During such term, the Franchisee
shall keep and maintain all such facilities, equipment and resources
in good condition and repair, and replace any and all such facilities,
equipment and resources as necessary to fulfill the obligation that
the foregoing be provided and maintained during the entire term of
the Franchise. The failure to comply with the commitments and obligations
identified by this paragraph shall be deemed to constitute a material
violation and breach of the Franchise Documents.
If a Franchisee has included within its application a proposal under both Alternative No. 1 as described by Section
5.50.336, above, and Alternative No. 2 as described by Section
5.50.338, above, Community Use Programming cablecast on the access channel(s) provided under Alternative No. 1, as described by Section
5.50.336, above, shall not count for the purposes of fulfilling the broadcast commitments assumed under Alternative No. 2, as described pursuant to subparagraph "a" of Section
5.50.338, above.
(SCC 488 § 1, 1981)
Applicants for a franchise shall be authorized, but not required,
to include within their applications proposals for services, resources
or benefits to the County or Cities, including, but not limited to,
free or discounted rates for subscription to services on the Subscriber
Network or Institutional Network, channels or time thereon on the
Subscriber Network or Institutional Network, electronic or other equipment,
use of the Institutional Network, staffing resources or other services,
resources or benefits for improvement in the delivery of governmental
services or efficiency of governmental operations. A Franchisee who
has proposed the provision of such services, resources or benefits
in its application shall comply during the entire term of the Franchise
with all such commitments contained in its application and the resolution
offering the franchise pursuant to the terms and conditions stated
therein, and the failure to provide such services, resources or benefits
pursuant to the terms and conditions stated shall be deemed to constitute
a material violation and breach of the Franchise Documents.
An applicant who chooses not to make such a proposal shall not
be disqualified from bidding or consideration in selection of the
Franchisee. It is expressly declared that the factors upon which selection
will be based are so numerous and subjective as to make it impossible
to know in advance the relative importance of a determination by an
applicant to either make or not to make such a proposal in relation
to other factors upon which award of a franchise will be based.
(SCC 488 § 1, 1981)
Applicants for a franchise may, for the purpose of promoting
improvement in cable services to the community and influencing the
motivation of the awarding authority to select the particular applicant
as the Franchisee, include within their applications the commitment
of services, resources or other benefits (including, but not limited
to, on-going financial support, channels or broadcast time thereon,
personnel resources or facilities or equipment) to specifically identified
parties other than the County or Cities. The application shall contain
an identification of any such commitments, including a specific description
of the nature and extent of all services, resources or benefits committed,
the names and addresses of all parties to whom the commitments are
made, all terms and conditions of the commitments, and copies of legal
instruments such as contracts, leases, memoranda of understanding
or other documents by which the commitments, when accepted and the
documents executed by the recipients, would be evidenced. Each such
legal instrument shall contain provisions requiring that such services,
resources or benefits be utilized exclusively for cultural, educational,
scientific, character building, recreational or public service purposes,
and prohibiting the utilization thereof for commercial purposes.
During the hearing conducted for the purpose of receiving comments from such recipients pursuant to the provisions of Section
5.50.214 in Sub-Chapter 3, the body or bodies conducting the hearing shall:
a. Order
such changes in the legal instruments by which the commitment of such
services, resources, or benefits are to be evidenced as are found
necessary in order to fulfill the objects and purposes of the application
submitted by the tentative selectee, without altering the nature or
scope of the commitments made; or direct the proposed recipients and
tentative selectees to meet separately for the purpose of developing
mutually acceptable changes in the legal instruments for later review
and approval by the body or bodies conducting the hearing;
b. Approve
as to form all legal instruments determined to be sufficient to adequately
express the commitments and terms and conditions thereof; and
c. Determine
which, if any, of such legal instruments are to be incorporated into
the Franchise Documents and made a part of the terms and conditions
of the franchise, and order such incorporation by reference to the
instrument in the resolution offering the franchise. Notwithstanding
the terms thereof and any other provision of this Ordinance, any such
legal instruments which have been incorporated into the resolution
offering the franchise pursuant to this section shall be subject to
modification upon the written agreement of the Franchisee and the
Commission without the consent of the recipient, the County or the
Cities, provided that any recipient which is adversely affected by
such modification shall be entitled to terminate its contract with
the Franchise.
With respect to any legal instrument which is made a part of
the Franchise Documents by reference in the resolution offering the
franchise, the violation and breach by the Franchisee of the obligations
therein shall be deemed to constitute a material violation and breach
of the Franchise Documents. Obligations and prohibitions assumed by
the recipient under such legal instruments by either execution of
the instruments or acceptance of the services, resources or benefits
committed shall be enforceable either by the Franchisee or the Cable
Television Commission. Violation and breach by the Franchisee of any
legal instrument which is not made a part of the Franchise Documents
by reference in the resolution offering the franchise shall not be
deemed to constitute a violation or breach of the Franchise Documents.
Incorporation of such a legal instrument into the Franchise Documents
by reference in the resolution offering the franchise shall not be
deemed to obligate the County, Cities or Commission to fulfill any
promise contained therein. Services, resources or benefits committed
to specifically identified parties other than the County or Cities
which are not evidenced by separate legal instruments included with
the application, shall not be considered in the selection process.
An applicant who chooses not to commit services, resources or
benefits as authorized by this section shall not be disqualified from
bidding or consideration in selection of the Franchisee. It is expressly
declared that the factors upon which selection will be based are so
numerous and subjective as to make it impossible to know in advance
the relative importance of a determination by an applicant to either
make or not to make such proposals in relation to other factors upon
which award of a franchise will be based.
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(SCC 488 § 1, 1981; SCC
615 § 1, 1985)