As used in this chapter, the terms "dwelling units" means residential living units as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single family residential units and individual apartments, condominium units, mobilehomes within mobilehome parks, and other multiple family residential units.
(SCC 488 § 1, 1981)
As used in this chapter the terms "imposed service area" with respect to the initial CATV franchise, means that geographical territory shown on that map which is marked Exhibit A, and which is approved by resolution adopted by the Governing Bodies on the dates this chapter is enacted or amended. The terms "imposed service area" with respect to a franchise issued pursuant to the provisions of this chapter other than the initial CATV Franchise means a geographical territory defined by resolution adopted by the Board of Directors of the Cable Television Commission on or before the date of approval of a request for proposals for that franchise. The boundaries of an imposed service area shall not be subject to amendment or revision during the term of a franchise to which the imposed service area pertains.
As used in this chapter, the terms "proposed service areas" refer to geographical units within a franchise area defined by a franchisee in its application for the franchise, which are situated outside an imposed service area established for the franchise to which the application is directed. Each applicant shall plan the proposed service area which it offers in such a manner that it can complete construction and provide such services within the entirety of each such service area within the times prescribed herein. Each application for a franchise shall contain a map or maps showing the locations of proposed service areas, together with word descriptions either in the form of meets and bounds or by reference to the names of public roads and highways and parcel lines shown on County Assessor's parcel maps. Each applicant shall also state the number of dwelling units within each proposed service area, and the number of such dwelling units shall be stated in the resolution offering the franchise.
As used in this chapter the terms "service areas" generically refer to both the imposed service area and proposed service areas, or either of such types of service areas.
(SCC 488 § 1, 1981; SCC 556 § 15, 1983)
The franchisee under the initial CATV franchise shall install the cable television system throughout the entirety of the imposed service area in compliance with the construction standards set forth in Article 4-a and the applicable standards for the system including, but not limited to, channel capacity, number of cables and other functional and technological features of the system as identified in the franchise documents, and shall make basic service and other services identified pursuant to Section 5.50.504 in Article 4-c, available within the times prescribed by Section 5.50.410, below.
The Governing Bodies hereby find as follows: (i) that at the current time construction of the cable television system under the initial CATV franchise within areas outside the imposed service area, would be uneconomic, even with reduced system design and capability, reduced services and higher rates, because of the sparsity of residential development to support construction costs; (ii) that subjecting potential service of areas outside the imposed service area to the competitive selection process could result in issuance of a franchise for service in areas which is not economically justified and threatens imposition of unreasonably high service costs upon subscribers in urban areas in order to underwrite the cost of service in sparsely populated areas; and (iii) that permissive proposal of service outside the Imposed Service Area would result in competing applications which variously propose service only within the Imposed Service Area, and within the Imposed Service Area and a potential number of other areas, and would make the applications extremely difficult to compare in relation to such factors as economic feasibility, cross-subsidization, propriety of system design and service levels, and rates with respect to applicants who propose Basic Service rate restrictions.
Therefore, applicants for the Initial CATV Franchise shall not be authorized to propose in their applications a Proposed Service Area.
(SCC 488 § 1, 1981; SCC 556 § 16, 1983)
If an Imposed Service Area has been adopted for a franchise other than the Initial CATV Franchise, the Cable Television System shall be installed throughout the entirety of the Imposed Service Area in compliance with the construction standards set forth in Article 4-a, and the applicable standards for the System including but not limited to, channel capacity, number of cable, and other functional and technological features of the System as identified in the Franchise Documents, and the Franchisee shall make Basic Service and other services identified pursuant to Section 5.50.504 in Article 4-c, available within the times prescribed by Section 5.50.410, below.
Applicants for a franchise other than the Initial CATV franchise may be authorized to include within their applications Proposed Service Areas. In the event such a franchise is issued to an applicant who has included Proposed Service Areas within its application, the Franchisee shall install the Cable Television System throughout the entirety of each Proposed Service Area in compliance with the construction standards set forth in Article 4-a and the applicable standards for the System including, but not limited to, channel capacity, number of cables and other functional and technological features of the System as identified in the Franchise Documents, and shall make Basic Service and other services identified pursuant to Section 5.50.504 in Article 4-c. available within the times prescribed by Section 5.50.410, below.
(SCC 488 § 1, 1981)
The number of Dwelling Units within an Imposed Service Area shall be estimated in the request for proposals issued for the franchise to which the Imposed Service Area pertains. The identification of Dwelling Units in the request for proposals shall be deemed to be an estimate only, shall not constitute a basis for reliance by an applicant, and each applicant shall by means which it chooses ascertain the number of Dwelling Units within such Imposed Service Areas and state same in its application.
Each applicant for a franchise shall ascertain by means which it chooses the number of Dwelling Units within any Proposed Service Area which is included within its application, and state such number or numbers in the application.
Each resolution offering a franchise shall state therein the number of Dwelling Units within the Imposed Service Area and any Proposed Service Area to which it pertains.
(SCC 488 § 1, 1981)
The Cable Television System shall be constructed and installed in accordance with the construction standards set forth in Article 4-a, above, within the entirety of each Service Area and Basic Service and other services identified pursuant to the provisions of Section 5.50.504 in Article 4-c, shall be made available to all Dwelling Units within each Service Area within the times prescribed below, regardless of density, and the standards for line extensions set forth in Section 5.50.424, below, shall not be applicable to territories within Service Areas. Each Franchisee shall:
a. 
Commence construction of the Cable Television System in each Service Area by stringing or laying cable not later than nine months following the date of filing of the Certificate of Acceptance of the Franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3;
b. 
Make Basic Service and other services identified pursuant to the provisions of Section 5.50.504 in Article 4-c, below, available to at least 20% of all Dwelling Units within each Service Area not later than 23 months following the date of filing of the Certificate of Acceptance of the Franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3;
c. 
Make Basic Service and other services identified pursuant to the provisions of Section 5.50.504 in Article 4-c, below, available to at least 50% of all Dwelling Units within each Service Area not later than 43 months following the date of filing of the Certificate of Acceptance of the Franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3; and
d. 
Make Basic Service and other services identified pursuant to the provisions of Section 5.50.504 in Article 4-c, below, available to 100% of all Dwelling Units within each Service Area not later than 63 months following the date of filing of the Certificate of Acceptance of the Franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3.
Except as otherwise provided by or pursuant to the Franchise Documents, any and all studio facilities, equipment, channels and other services, resources or benefits required of a Franchisee under any provision of the Franchise Documents shall be completed and made available, and the provision of any Community Use Programming which the Franchisee has proposed pursuant to the provisions of Sections 5.50.332 through 5.50.340 in Article 4-a, shall commence not later than 37 months following the date of filing of the Certificate of Acceptance of the Franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3. When other times are prescribed by or pursuant to the Franchise Documents, such services, resources, benefits and programming shall be completed, made available or commenced, as the case may be, within the times required.
Except as otherwise provided by or pursuant to the Franchise Documents, any and all studio facilities, equipment, channels and other services, resources or benefits required of a Franchisee under any provision of the Franchise Documents shall be completed and made available, and the provision of any Community Use Programming which the Franchisee has proposed pursuant to the provisions of Sections 5.50.332 through 5.50.340 in Article 4-a, shall commence not later than 37 months following the date of filing of the Certificate of Acceptance of the Franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3. When other times are prescribed by or pursuant to the Franchise Documents, such services, resources, benefits and programming shall be completed, made available or commenced, as the case may be, within the times required.
The foregoing shall not be construed to prevent an applicant from proposing additional, more stringent completion levels than those set forth above.
If the Franchisee has proposed more stringent construction completion levels than those set forth above and if said proposal has been incorporated in the Franchise Documents, the failure of the Franchisee to comply with such additional construction levels shall be subject to the provisions of Section 5.50.804 hereof. Provided, that the failure of the Franchisee to comply with such additional construction levels shall not constitute a breach of its obligations under the Franchise Documents unless and until:
a.
Franchisee has experienced two consecutive failures to comply with such additional construction levels; or
b.
Franchisee has breached any of the provisions of the first two paragraphs of this section 5.50.410.
Further, provided, that within the first 24 months after the filing of the Certificate of Acceptance of the franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3, no failures of the Franchisee to comply with such additional construction levels shall constitute a breach of the Franchise Documents if:
a.
Such failure will not prevent the Franchisee from being in substantial compliance with such additional construction levels by the end of 24 months after the filing of said certificate of acceptance; and
b.
Franchisee has not breached any of the provisions of the first two paragraphs of this Section 5.50.410.
(SCC 488 § 1, 1981; SCC 556 § 9, 1983; SCC 565 § 9, 1983; SCC 595 § 1, 1984)
For purposes of determining compliance with the provisions of subparagraph "d" of Section 5.50.410, above, and of Section 5.50.416, below, and notwithstanding any other provision of this chapter, a Franchisee shall be excused from making Basic Service and such other services available to a particular Dwelling Unit within a Service Area if that Dwelling Unit is situated at least 500 feet from another Dwelling Unit and making service available to the Dwelling Unit would require an aerial or underground extension of cable in excess of 500 feet from an otherwise existing aerial or underground trunk cable. The sole purpose of this exception is to relieve a Franchisee from providing service to an isolated Dwelling Unit within a Service Area under circumstances wherein extension of the System would constitute an excessive burden, and occupants of only one Dwelling Unit within the area would be deprived of services as a result of the relief.
A Franchisee shall not be entitled to relief under this section unless it shows that it would not have been reasonable to have located cable in such a manner as to be within the distance limitation prescribed by this section.
(SCC 488 § 1, 1981)
a. 
A Franchisee shall be eligible to claim an exemption under this section if, and only if, it shall have filed with its application a map or maps, certified as true and correct by an officer of the Franchisee, setting forth clearly and distinctly those portions of the Imposed Service Areas in which:
1. 
There exists less than 40 Dwelling Units per street mile or less than five Dwelling Units within 660 street feet; and
2. 
The Franchisee desires to retain the right to claim a low density exemption under this section at a later date.
b. 
For purposes of determining compliance of the provisions of Section 5.50.410, above, and notwithstanding any other provision of this chapter, a Franchisee shall be excused, upon application therefor to the Commission, from making Basic Service and other services identified pursuant to Section 5.50.504 available within the time limits specified in Section 5.50.410, above, to Dwelling Units within an area meeting both of the following criteria (hereinafter "affected area"):
1. 
There exists less than 40 Dwelling Units per street mile or less than five Dwelling Units within 660 street feet; and
2. 
The area is shown upon the map submitted pursuant to Subparagraph "a" hereof.
c. 
Notwithstanding the provisions of Subparagraph b. above, a Franchisee shall make available Basic Service and other services identified pursuant to Section 5.50.504 to all Dwelling Units within an affected area not later than 75 months after the filing of the Certificate of Acceptance to the Franchise.
d. 
For purposes of determining compliance with the provisions of Subparagraph "d" of Section 5.50.410, above, and of Section 5.50.416, below, and notwithstanding the provisions of Subparagraph "c" above, or any other provision of this chapter, a Franchisee shall be excused from making Basic Service and other services identified pursuant to Section 5.50.504 available to Dwelling Units within an area meeting both of the following criteria (hereinafter "affected area"):
1. 
There exists less than 40 Dwelling Units per street mile or less than five Dwelling Units within 660 street feet; and
2. 
Each Dwelling Unit within said area shall have been offered and declined cable service at the Low Density Installation Cost, which shall be the lesser of:
i. 
The Franchisee's actual cost of installation of cable plant in the affected area multiplied by the difference between the total number of Dwelling Units within the affected area and the number of Dwelling Units evidencing a desire to contract for cable service, the product thereof divided by the total number of Dwelling Units within the affected area and the dividend thereof divided by the number of Dwelling Units within the affected area desiring to contract for cable services; or
ii. 
Fifty percent of the Franchisee's actual cost of installation of cable plant in the affected area divided by the number of Dwelling Units in the affected area desiring to contract for cable services.
e. 
If, in response to the offer of service at the Low Density Installation Cost required by Subparagraph d.2. above, one or more Dwelling Units within the affected area shall contract for service the Franchisee shall have no exemption pursuant to Subparagraph d. hereof and shall be required to comply with the provisions of Subparagraph c. hereof.
f. 
If, pursuant to Subparagraph e. above, one or more Dwelling Units within an affected area should contract for service and pay the Low Density Installation Cost calculated pursuant to Subparagraph d.2. above, and at any time thereafter, additional Dwelling Units shall contract for such cable service, the Low Density Installation Cost for such subsequent contracting Dwelling Units shall be recalculated pursuant to the formula set forth in Subparagraph d.2. above, utilizing the then-existing total number of Dwelling Units and the thenexisting number of Dwelling Units contracting for cable service and a refund shall be paid thereupon to any existing subscriber who shall have paid a Low Density Installation Cost within the previous three years in an amount equal to the amount by which the Low Density Installation Cost for the new subscriber exceeds the Low Density Installation Cost charge paid by the existing subscriber.
g. 
For any affected area in which the Franchisee claims an exemption pursuant to Subparagraph d. hereof, the Franchisee shall obtain and retain at all times throughout the term of the Franchise evidence in a form satisfactory to the Commission of the offer and declination of service by the Franchisee to all of the Dwelling Units within the affected area upon the basis set forth in Subparagraph d. above.
h. 
For purposes of calculation under this section, the "Franchisee's actual cost of installation of cable plant in the affected area" shall:
1. 
Include only direct labor expended and plant and equipment physically installed within the affected area;
2. 
Not include any indirect allocation, assignment or amortization of other costs or equipment;
3. 
Not include any costs related to any degree whatsoever with the provisions of service to areas other than the affected area, including but not limited to any cable or other equipment used in any part to transmit signals to any area beyond the affected area.
i. 
If a Franchisee should claim an exemption pursuant to Subparagraph d. above, and thereafter during the term of the Franchise the density of Dwelling Units within the affected area should equal or exceed 40 Dwelling Units per street mile or five Dwelling Units within 660 street feet, then the Franchisee shall, upon the application of one or more Dwelling Units within said affected area, be obligated to extend the System throughout the affected area and make available Basic Service and other services identified pursuant to Section 5.50.504, within six months after the first request for cable service.
j. 
If a Franchisee shall install cable service within an affected area pursuant to the provisions of Subparagraph e. above, and within five years thereafter, the density of Dwelling Units within the affected area shall equal or exceed 40 Dwelling Units per street mile or five Dwelling Units within 660 street feet, the Franchisee shall thereupon refund all Low Density Installation Cost charges to the extent that said charges exceeded the normal installation charge in effect at the time of installation for non-low density areas of the System.
k. 
Notwithstanding any other provision of this section, the System design and architecture shall, at all times during the term of the Franchise, be capable of serving the entire Imposed Service Area.
(SCC 565 § 10, 1983)
Commencing at the third full calendar quarter following the filing of the certificate of acceptance of a franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3, and continuing every calendar quarter thereafter until the date Basic Service and other services identified pursuant to the provisions of Section 5.50.504 in Article 4-c, are made available to 100% of the Dwelling Units within each Service Area, the Chief Executive Officer of the Franchisee shall file with the Clerk of the Board of Directors of the Cable Television Commission a written declaration identifying the number and percentage of dwelling units in each Service Area to which such services have been made available as of the last day of the quarter for which the declaration is filed, together with such other information concerning progress by the Franchisee in complying with both the 63 month construction schedule prescribed by Section 5.50.410, above and any more stringent construction schedule proposed by the Franchisee and incorporated in the Franchise Documents. Said declaration shall certify Franchisee's compliance or non-compliance with said construction schedules. Upon request the Franchisee shall make available to the Commission 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.
(SCC 488 § 1, 1981; SCC 604 § 2, 1984)
A Final Order of Completion shall be issued by the Board of Directors of the Cable Television Commission when: (i) construction of the Cable Television System has been completed within the entirety of each Service Area in compliance with construction standards set forth in Article 4-a and the design and other requirements of the Franchise Documents; (ii) Basic Service and other services identified pursuant to the provisions of Section 5.50.504 in Article 4-c have been made available to 100% of the Dwelling Units within each Service Area; (iii) any and all studio facilities, equipment, channels and other services, resources or benefits required by the Franchise Documents have been completed and made available; (iv) any Community Use Programming which the Franchisee has proposed pursuant to the provisions of Section 5.50.332 through 5.50.340 in Article 4-a shall have commenced in compliance with the Franchise Documents; and (v) a Notice of Completion has been filed by the Franchisee as hereinafter provided.
For purposes of Section 5.50.410, above, and this section, Basic Service and other services identified pursuant to the provisions of Section 5.50.504 in Article 4-c shall be deemed to be made available when Basic Service (at rates and charges in amounts proposed within the application for the franchise and as permissibly adjusted pursuant to Section 5.50.622 in Article 4-d, or if none are included in the application, at rates and charges in amounts customarily offered by the Franchisee) and other services identified pursuant to the provisions of Sections 5.50.504 and in Article 4-c (at rates and charges in amounts customarily offered by the Franchisee) are offered 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.
For the purpose of determining compliance with the provisions of Subparagraph "b" and "c" of Section 5.50.410, above; the total number of Dwelling Units within each Service Area to which the percentages apply shall be deemed to be the numbers stated in the resolution offering the franchise. For the purpose of determining compliance with the provisions of Subparagraph "d" of Section 5.50.410, above, and of determining completion under this section, the total number of Dwelling Units within each Service Area shall be deemed to be the actual number of Units available for occupancy as of a date 45 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. Otherwise the total number shall be determined as of the date on which the Board of Directors of the Cable Television Commission makes a final decision as to whether a Final Order of Completion will be adopted.
A Franchisee who asserts completion shall file a written Notice of Completion with the Clerk of the Board of Directors of the Commission. The Notice of Completion shall state the total number of Dwelling Units available for occupancy within each Service Area 45 calendar days in advance of the filing of the Notice, the total number of Dwelling Units to which Basic Service and other services have been made available within each Service 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 to be binding upon the Board of Directors of the Commission.
During the period of construction of the Cable Television System or during the 60 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 Cable Television Commission, employees or authorized agents or representatives thereof, for the purpose of determining whether the System and related facilities comply with the Franchise Documents. 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.
(SCC 488 § 1, 1981)
Not later than 45 calendar days following the filing of the Notice of Completion, the Board of Directors of the Cable Television Commission shall commence a public hearing with respect to the Notice of Completion. Written notice of the time, date and place of the hearing shall be mailed to the concerned Franchisee. Notice of the time, date, place and purpose of the hearing shall be publicized in the manner prescribed by Section 5.50.024 in Sub-Chapter 1.
During the hearing, any interested person may appear and comment upon the question of whether completion has occurred and a Final Order of Completion should be issued. The public hearing may be continued from time-to-time. While the hearing is pending, the Board of Directors may direct such investigations of issues or questions raised during the hearing as it deems appropriate. During the public hearing, the Board of Directors may, by resolution, identify specific deficiencies respecting completion and decline to adopt a Final Order of Completion pending correction or elimination of the deficiencies so identified. If at the conclusion of the public hearing a Final Order of Completion is not issued, the Board of Directors shall, by resolution, identify specific deficiencies respecting completion which must be corrected in advance of issuance of a Final Order of Completion.
The Final Order of Completion shall certify completion in compliance with the terms and conditions of the Franchise Documents. The Order shall also designate the actual date when all elements defined by the first paragraph in Section 5.50.416, above, have been completed. Issuance of such a Final Order of Completion shall constitute a determination of completion which is conclusive for all purposes of this chapter.
(SCC 488 § 1, 1981)
At any time on or after 120 calendar days following the date of filing by a Franchisee of the Notice of Completion the Franchisee may, if a Final Order of Completion has not been adopted by the Board of Directors of the Cable Television Commission, make a written request for arbitration. If a Final Order of Completion has been issued and the Franchisee disagrees with the actual date of completion stated therein, the Franchisee may, within 30 calendar days following mailing to the Franchisee of the Order, make a written request for arbitration. The request shall be in writing, shall state the grounds therefor, and shall be filed with the Clerk of the Board of Directors of the Commission.
If arbitration is requested, the arbitration panel shall be selected, the hearing scheduled within the time prescribed, notice given, the hearing conducted, decision made and costs divided in the manner prescribed by Sections 5.50.830 through 5.50.840, inclusive in Article 5-b of Sub-Chapter 5. The Discovery provisions of the California Arbitration Act (Code of Civil Procedure, Section 1280, et seq.) shall be applicable to arbitration proceedings under this section. The questions which may be submitted to the arbitration panel and jurisdiction of the arbitration panel shall be limited to the following:
a. 
The interpretation of the provisions of the Franchise Documents solely in relation to the decision required by Subparagraph "b", below; and
b. 
Whether a Final Order of Completion should be issued, and if so, the actual date of completion; or if an Order has been issued, the actual date of completion.
The jurisdiction of the Arbitration Panel shall not include questions of enforcement, breach or remedies, and any such determination concerning enforcement, breach or remedies shall be inadmissible in and without force or effect in relation to proceedings conducted under Sections 5.50.438 through 5.50.444, inclusive, below.
If ordered by the Arbitration Panel, the Board of Directors of the Commission shall issue a Final Order of Completion not later than 10 calendar days following receipt of the arbitration award. The arbitration award may be judicially enforced, shall be final, binding and conclusive upon the parties, and shall not be subject to judicial review or vacation except on grounds set forth in Section 1286.2 of the Code of Civil Procedure.
(SCC 488 § 1, 1981)
A Franchisee shall, if practical, install its Cable Television System at the time the public improvements are being installed with respect to any territory within Service Areas for which an application has been filed by the time the franchise is issued to subdivide the territory into five or more lots for residential purposes. In any event, Basic Service and other services identified pursuant to the provisions of Section 5.50.504 and in Article 4-c, shall be made available to all lots within such territory the subdivision of which has been completed not later than 51 months following the date of filing of the certificate of acceptance of the franchise pursuant to the provisions of Section 5.50.220 of Sub-Chapter 3.
With respect to all territories within Service Areas for which application for approval of a tentative map for such subdivision is made after issuance of the franchise, the Franchisee shall install its Cable Television System at the time the public improvements for the subdivision are being installed. Basic Service and other services identified pursuant to the provisions of Section 5.50.504 and in Article 4-c, shall be made available to each lot within such subdivisions not later than the date of occupancy of each Dwelling Unit, or 51 months following the date of filing of the certificate of acceptance of the franchise pursuant to the provisions of Section 5.50.220 in Sub-Chapter 3, whichever occurs later.
(SCC 488 § 1, 1981)
After completion of the construction, installation and service schedule prescribed by Section 5.50.410, above, as that schedule may be modified pursuant to the provisions of Sections 5.50.438 through 5.50.444, inclusive, below, each Franchisee may, within its Franchise Area, extend its Cable Television System beyond the Service Areas described in the Franchise Documents, and shall so extend its System pursuant to the following requirements:
a. 
The Franchisee shall extend the Cable Television System and make Basic Service and other services identified pursuant to Sections 5.50.504 and in Article 4-c, available to every Dwelling Unit within any area reaching the minimum density of at least 40 Dwelling Units per street mile, or five Dwelling Units within 660 feet, as measured from the existing System.
b. 
The Franchisee shall extend the Cable Television System and make Basic Service and other services identified pursuant to Section 5.50.504 in Article 4-c, available to any isolated resident outside the Service Area, requesting connection at the standard connection charge, if the connection to the isolated resident would require no more than a standard 150 foot aerial drop line.
With respect to requests for connection requiring an aerial drop line in excess of 150 feet, the Franchisee shall extend the Cable Television System and make available such services to such residents at a connection charge not to exceed the actual installation costs incurred by the Franchisee for the distance exceeding 150 feet plus an administrative charge of 10% of said amount to cover overhead costs.
c. 
Whenever the Franchisee shall have received written requests for services from at least 15 assured subscribers within thirteen hundred (1,300) cable feet of its aerial trunk cable, it shall extend its Cable Television System to such subscribers solely for the usual connection and service fees for all subscribers, provided that such extension is technically and economically feasible. The thirteen hundred (1,300) cable feet shall be measured in extension length of the Franchisee's cable required for service located within the street and shall not include the length of necessary drop to the subscriber's house or premises.
When a Cable Television System is extended from the boundaries of an Imposed Service Area the standards for the System so extended including, but not limited to, channel capacity, number of cables and other functional and technological features of the System shall be the same as are applicable to the System within the Imposed Service Area, the services provided through the System so extended shall be the same as are provided within the Imposed Service Area, and the rates and charges associated with Basic Service (if the Franchisee has proposed restrictions upon such rates and charges pursuant to the provisions of Sections 5.50.616 through 5.50.624 in Article 4-d) shall be the same as rates and charges associated with Basic Service within the Imposed Service Area. When a Cable Television System is extended from the boundaries of a Proposed Service Area the standards for the System so extended including, but not limited to, channel capacity, number of cables and other functional and technological features of the System shall be the same as are applicable to the System within the Proposed Service Area from which extension is made, the services provided through the System so extended shall be the same as are provided within the Proposed Service Area from which extension is made, and the rates and charges associated with Basic Service (if the Franchisee has proposed restrictions upon such rates and charges pursuant to the provisions of Sections 5.50.616 through 5.50.624 in Article 4-d) shall be the same as rates and charges associated with Basic Service within the Proposed Service Area from which extension is made.
(SCC 488 § 1, 1981)
Any applicant for a franchise may propose in its application line extension provisions which are more liberal than prescribed by Section 5.50.424, above. In the event of any inconsistency between the line extension provisions prescribed by Section 5.50.424, above, and the express terms in other Franchise Documents, the provisions in the other Franchise Documents shall prevail if the issuing authority has found that the provisions in the other Franchise Documents will better serve the needs of the public and promote the public interest.
An applicant who chooses not to make a more liberal proposal for line extension 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)
Line extensions required pursuant to Sections 5.50.424 or 5.50.426, above, shall be made and completed within reasonable periods of time consistent with the relative cost and periods required for planning and construction. A Franchisee shall not be deemed to be in breach of said Sections until after written notice is mailed to the Franchisee by the Cable Television Commission identifying a particular extension which the Commission asserts is required. If within 30 calendar days following mailing of such notice the Franchisee has not filed with the Clerk of the Board of Directors of the Commission a written notice specifying the date of completion of such extension, the Franchisee shall be deemed to be in breach, if it has failed to comply with the requirements of said Sections, from and after the expiration of the 30 day period. A Franchisee's designation of a completion date shall not be presumed to be reasonable or binding upon the Commission.
(SCC 488 § 1, 1981)
Notwithstanding the provisions of Section 5.50.424, above, with respect to developing territories within a Franchise Area which are situated outside of a Service Area, a Franchisee shall, at any time, be authorized to install its Cable Television System at the time public improvements for new subdivisions or units thereof are being installed, if either:
a. 
The subdivision is adjacent to the boundaries of a Service Area, or so situated that the density between the boundaries of the subdivision and the boundaries of a Service Area require extension to the subdivision under the standards set forth in Subparagraphs "a" through "c" of Section 5.50.424, above; or
b. 
The Franchisee has been authorized by the Board of Directors of the Cable Television Commission to provide cable television service within the subdivision pursuant to a plan approved by the Board under the provisions of Section 5.50.446, below.
(SCC 488 § 1, 1981)
Any citizen who asserts that there has been a violation of any of the provisions of Sections 5.50.404 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446, below, may file a written complaint asserting such violation with the Clerk of the Board of Directors of the Cable Television Commission.
(SCC 488 § 1, 1981)
Except as hereinafter provided, violation by a Franchisee of any of the provisions set forth in Sections 5.50.404 through 5.50.408, the first two paragraphs of Section 5.50.410, Sections 5.50.412 through 5.50.416, through 5.50.430, above, or 5.50.466, below, 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 Sections. 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:
a. 
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 of construction and installation;
b. 
Unanticipated cost increases or insufficiency of capital with which to take actions necessary to comply or facilitate compliance with any of the provisions of Sections 5.50.404 through 5.50.408, the first two paragraphs of Section 5.50.410, Sections 5.50.412 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446., below;
c. 
Considerations relating to economy or cost efficiency, as respects acts or omissions by a Franchisee;
d. 
Delays occasioned by the failure of a Franchisee to diligently apply for and prosecute any request for a required certificate, approval or consent from the FCC;
e. 
Delays occasioned by seasonal changes in weather or climatic conditions, such as rain (exclusive of catastrophic conditions in the nature of "Acts of God"). (Rain delay shall not constitute an excuse or justification for violation except with respect to measurable precipitation occurring on more than 59 days during any period commencing July 1 and ending the next following June 30; and only if such is the proximate cause of the violation.);
f. 
Delays occasioned by the customary and usual time required to obtain approval to attach lines to poles owned by private or public utilities or in the attaching of cable to the poles; provided that if a Franchisee submits all plans and documentation required by private or public utilities in connection with the approval to attach lines to poles, any time consumed by such approval process which is longer than 150 calendar days following the submissions of all necessary plans and documentation shall be deemed to excuse the Franchisee from any violations which are proximately caused by such delay in excess of 150 calendar days;
g. 
Delays occasioned by the customary and usual time required to process and secure approvals under zoning ordinances of the County and Cities for the location of components of the Cable Television System and other installations associated therewith, given the nature of the approval required and magnitude of the project; provided that if a Franchisee submits specific sites and plans for all headends, towers and transmitters to the County and requests the County to perform a single environmental analysis upon all such facilities as the lead agency, any time consumed by such environmental analysis which is longer than 120 calendar days during a period subsequent to the filing of the Certificate of Acceptance of the Franchise pursuant to Section 5.50.220 in Sub-Chapter 3 shall be deemed to excuse the Franchisee from any violations which are proximately caused by such delay in excess of 120 calendar days.
Notwithstanding the provisions of Subdivision "a" through "f", inclusive, above, a Franchisee shall not be excused from any violation of the provisions of Sections 5.50.404 through 5.50.408, the first two paragraphs of Section 5.50.410, Sections 5.50.412 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446, below, 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.
Except as otherwise provided above, violations caused exclusively by acts or omissions by the County, the Cities, the Cable Television Commission or their officers, agents or employees shall constitute an excuse and justification for failure of a Franchisee to comply with the provisions of Sections 5.50.404 through 5.50.416, 5.50.422. through 5.50.430, above, or 5.50.446, below, 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 violations, or bar any relief for damages or otherwise as a result of such breach.
(SCC 488 § 1, 1981; SCC 565 § 11, 1983; SCC 595 § 2, 1984)
Examples of circumstances beyond the control of a Franchisee which excuse a Franchisee from violation and being in breach of the provisions of Sections 5.50.404 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446, below, when such violations are caused thereby, include the following: strikes; acts of public enemies; orders by military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; floods; civil disturbances; explosions; and partial or entire failure of utilities.
(SCC 488 § 1, 1981)
Notwithstanding the provisions of Sections 5.50.434 or 5.50.436, no failure of the Franchisee to comply with more stringent construction completion levels proposed by it and incorporated in the Franchise Documents shall constitute a breach of its obligations under said Franchise Documents if such failure results from reasons (including, but not limited to those disallowed or restricted by Section 5.50.434, above) not within the reasonable control of the Franchisee.
(SCC 595 § 3, 1984)
At any time and from time to time proceedings may be commenced by the Board of Directors of the Cable Television Commission.
The purpose of such proceedings shall be, and the powers of the Board of Directors of the Commission shall include, the following:
a. 
Determination of whether there has been a violation of any of the terms, conditions or requirements set forth in Sections 5.50.404 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446, below, or any requirements in relation thereto established pursuant to previously conducted enforcement proceedings;
b. 
Establishment of new or revised schedules for compliance with any of the terms, conditions or requirements set forth in Sections 5.50.404 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446, below, or any requirements in relation thereto established pursuant to previously conducted enforcement proceedings, with respect to any such terms, conditions or requirements which are determined to have been violated;
c. 
Determination of whether the Franchisee is in breach of any of the terms, conditions or requirements set forth in Sections 5.50.404 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446, below, or of the Franchise Documents with respect to the violation of any such terms, conditions or requirements, and, if so, the nature and extent of any such breach; and
d. 
With respect to any finding of breach, determination of the remedy therefor authorized by Sections 5.50.804 and 5.50.806 in Article 5-b of Sub-Chapter 5.
In connection with determinations by the Board of Directors that there has been a violation of any time limit prescribed by Sections 5.50.404 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446, below, the Board shall be authorized to establish new time schedules and time limitations based upon the circumstances, which shall supersede those set forth in said Sections. Future enforcement proceedings pursuant to this section and Sections 5.50.440 and 5.50.442, below, may be undertaken in relation to time schedules and time limitations established pursuant to prior enforcement proceedings. In the event the Board finds that a Franchisee has breached any of the time limitations set forth in Sections 5.50.404 through 5.50.416, 5.50.422 through 5.50.430, above, or 5.50.446, below, or established pursuant to prior enforcement proceedings, the Board shall be authorized to determine and assess the amount of liquidated damages, if any, which the Franchisee shall be required to pay as a result of such breach, and whether, and if so, the extent to which the term of the Franchise should be reduced with respect to any such breach. Such determinations shall, without appeal to arbitration or as affirmed by arbitration, be self-executing.
In the event the Board of Directors determines that the Cable Television System fails to comply with any of the requirements of the Franchise Documents or that the Franchisee has failed to provide any of the facilities or services (including those relating to community use) required by the Franchise Documents, the Board may determine the specific deficiencies and order the correction thereof. Such determinations shall, without appeal to arbitration or as affirmed by arbitration, be self-executing.
(SCC 488 § 1, 1981)
The Board of Directors of the Commission shall commence enforcement proceedings by scheduling a hearing for the purpose of inquiring into matters specified in Section 5.50.438, above. Written notice of the time, date and place of the hearing shall be mailed to the Franchisee and to the Franchisee's surety on the performance bond filed pursuant to Section 5.50.700 in Article 4-e, below not later than 30 calendar days in advance of the date of commencement of the hearing. The notice shall state the reasons for the hearing, identify the terms, conditions or requirements alleged to be violated, and generally describe the areas or subject matter with respect to which the violation or violations are alleged to have been committed.
The hearing may be conducted either by the Board of Directors of the Commission or, at the sole discretion of the Board, by a Hearing Officer appointed by the Board to conduct the hearing. Any such Hearing Officer shall be an attorney licensed to practice under the laws of the State of California, who shall not be an officer or employee either of a Franchisee, the Commission, the County or the Cities.
The cost of providing quarters for the hearing, the compensation for the Hearing Officer, if any, and the per diem cost of any reporter retained to record the proceedings shall be borne by the Cable Television Commission. The cost of preparing a transcript and record of the hearing shall be borne by the Franchisee. All costs incurred by the parties for attorneys fees, expert witness fees and other expenses shall be borne solely by the party incurring the costs.
(SCC 488 § 1, 1981)
All witnesses testifying at the enforcement hearing shall be sworn. Witnesses shall be subject to direct and cross-examination. However, formal rules of evidence applicable to the trial of civil or criminal proceedings in the trial courts of this State shall not be applicable to the hearing. The provisions of the Administrative Procedure Act, commencing at Section 11500 of the California Government Code, or any successor legislative enactment, shall not be applicable to any such hearing. The burden of proving violation by the Franchisee of the Franchise Documents shall be borne by the party presenting the charges and the burden of proving excuses from performance shall be borne by the Franchisee. The hearing may be continued from time to time.
If the hearing is conducted by a Hearing Officer, the officer shall, upon conclusion of the hearing, prepare a recommended decision which includes findings of fact, conclusions and all determinations authorized by Section 5.50.438, above. The recommended decision shall be filed with the Clerk of the Board of Directors of the Commission and mailed to the parties not later than 30 calendar days after conclusion of the hearing. Upon receipt of such a recommended decision, the Board of Directors may, without a hearing except as otherwise required below, either:
a. 
Adopt the findings of fact, conclusions and determinations contained in the recommended decision;
b. 
Adopt the findings of facts and conclusions contained in the recommended decision, modify the determinations, and adopt the recommended decision as so revised;
c. 
Based upon the record of the hearing, modify the findings of fact, conclusions or determinations, and adopt the recommended decision as so revised; or
d. 
Reject the recommended decision and conduct a new hearing.
If the hearing is conducted by the Board of Directors of the Commission, upon conclusion of the hearing, the Board of Directors shall adopt a decision which includes findings of fact, conclusions, and determinations authorized by Section 5.50.438, above. Copies of the decision adopted by the Board of Directors shall be mailed to the parties.
(SCC 488 § 1, 1981)
Not later than 30 calendar days following the date of mailing to the Franchisee of the decision by the Board of Directors, the Franchisee shall be authorized to appeal the decision or any portion thereof to arbitration by filing a written notice of appeal with the Clerk of the Board of Directors. The notice of appeal shall specifically identify the determination or determinations from which the appeal is taken, the grounds therefor, and shall be accompanied by a fee equal to the estimate the Clerk of the cost of preparing the transcript and record of the hearing or hearings. In the event the Franchisee fails to file the notice of appeal within the time and in compliance with the requirements prescribed above, the determinations by the Board of Directors shall become final, binding, conclusive and not subject to review or reversal by any authority. Judicial enforcement of such determinations may be sought.
Except as otherwise provided herein, the arbitration panel shall be selected, the hearing scheduled within the time prescribed, notice given, the hearing conducted, decision made and costs divided in the manner prescribed by Sections 5.50.830 through 5.50.838, inclusive, in Article 5-b of Sub-Chapter 5.
The questions which may be submitted to the arbitration panel and jurisdiction of the panel shall be limited to a decision as to whether the findings of fact by the Board are supported by substantial evidence in the record and whether the conclusions by the Board are consistent with the provisions of the Franchise Documents as interpreted by the arbitration panel. The powers of the arbitration panel shall be limited to a conclusion as to whether the decision by the Board of Directors from which appeal is taken should be affirmed, or reversed and remanded to the Board for further determination, and interpretation of the provisions of the Franchise Documents solely in relation to review of the decision by the Board of Directors.
The hearing by the arbitration panel shall not be a trial de novo, and the sole function of the panel shall be to review the record of the hearing preceding the decision by the Board of Directors to decide whether there was substantial evidence in the light of the whole record to support the findings and to interpret the Franchise Documents in relation to the decision by the Board of Directors. No new evidence shall be introduced, received or considered by the arbitration panel; provided that where the panel finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing preceding the arbitration, the panel may remand the matter to the Board of Directors to be reconsidered in light of such evidence. The determinations by the Board of Directors shall be sustained by the arbitration panel if it finds that there is substantial evidence in the record to sustain the determinations, and that the conclusions are consistent with the provisions of the Franchise Documents. The panel shall not substitute its discretion for that of the Board with respect to the determinations made by the Board, or reweigh or otherwise judge the credibility of the evidence presented at the hearing preceding the Board's decision. If the panel decides that the determinations by the Board violate the provisions of the Franchise Documents it shall remand the matter to the Board for further determinations, reserving jurisdiction to review the determinations. Objections by the Franchisee to the determinations by the Board which were not presented during the hearing preceding the Board's decision shall be deemed to have been waived.
The decision by the Board of Directors as affirmed by an arbitration award, may be judicially enforced, shall be final, binding and conclusive upon the parties, and shall not be subject to judicial review or vacation except on grounds set forth in Section 1286.2 of the Code of Civil Procedure to the extent such grounds are consistent with the express terms of this chapter.
(SCC 488 § 1, 1981)
The purpose of this section is to encourage Franchisees to install Cable Television Systems and provide services within geographical locations which are outside of Service Areas and within which installation of such Systems and services is not required under the line extension provisions of Sections 5.50.424 or 5.50.426, and to establish a flexible framework by which the magnitude of the Cable Television System, services and rates and charges associated with Basic Service (if a Franchisee has proposed limitations upon such rates and charges pursuant to the provisions of Sections 5.50.616 through 5.50.624 in Article 4-d) may be regulated in order to encourage such expansion, and insure that the uncompensated costs thereof are not so excessive as to impose an unreasonable burden upon subscribers within urbanized areas which are already being served. The provisions of this section shall be applicable to all territory outside of Service Areas whether extensions of a Cable Television System are required by or pursuant to the provisions of Sections 5.50.424 or 5.50.426, above, or not.
A Franchisee shall not be authorized to install its Cable Television System or provide services within a geographical location outside a Service Area except pursuant to an application requesting authority for such installation and service which is approved by the Board of Directors of the Cable Television Commission.
An application for such approval shall be filed with the Clerk of the Board of Directors of the Commission, shall describe the boundaries of the area proposed to be served, shall describe in detail the standards for the System proposed to be installed including, but not limited to, channel capacity, number or cables and other functional and technological features of the System, shall describe in detail the services proposed to be provided, shall identify the rates and charges associated with Basic Service (if the Franchisee has proposed limitations upon such rates and charges pursuant to the provisions of Sections 5.50.616 through 5.50.624 in Article 4-d), shall include a budget of construction costs and a projection of operating revenues and costs, shall identify a proposed time schedule for installation of the System and provision of service, and shall contain such other and further information as the Board of Directors may require. The Board of Directors of the Commission shall schedule a public hearing upon the application to commence not later than 30 calendar days after the application is filed, notice of which is given in the manner prescribed by Section 5.50.024 in Sub-Chapter 1.
After the conclusion of the public hearing, the Board of Directors shall approve the application if it finds that the nature and extent of the System to be installed, services to be provided, time within which installation will be complete and services provided, and rates and charges associated with Basic Service (if the Franchisee has proposed limitations upon such rates and charges pursuant to Sections 5.50.616 through 5.50.624 in Article 4-d) will adequately serve the needs of the residents within the geographical location proposed to be served; provided, that notwithstanding such determinations, the Board may deny an application if it finds that uncompensated costs of constructing the System or providing service will cause increases in rates or charges paid by subscribers who are already being served by the Franchisee. In approving such an application, the Board of Directors may impose conditions relating to such matters as the following:
a. 
The standards for the System to be installed, including, but not limited to, channel capacity, number of cables and other functional and technological features of the System;
b. 
The nature and extent of services to be provided;
c. 
Interconnection of the System to be installed with the System operated by the Franchisee within Service Areas;
d. 
The amounts of rates and charges associated with Basic Service (if the Franchisee has proposed limitations upon such rates and charges pursuant to Sections 5.50.616 through 5.50.624 in Article 4-d); and
e. 
The time schedule for installation and completion of the System and delivery of services.
A Franchisee shall comply with the provisions of an approved application and any terms or conditions of approval.
(SCC 488 § 1, 1981)
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 or persons, or interfere with any improvements the County, Cities or State of California 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 Sacramento Community shall be so located as to cause minimum interference with the proper use of Streets and other public property, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the Streets or other public property.
(SCC 488 § 1, 1981)
During the term of each franchise, in advance of occupying, working upon 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 and Cities, pay any fees and post any security required by such ordinances, and in the course of construction, installing, replacing, maintaining and repairing the Cable Television System shall comply with all applicable requirements of such ordinances and any terms or conditions of encroachment permits, licenses, authorizations or approvals issued thereunder.
The County and Cities shall be authorized to establish special fees payable by a Franchisee to defray the costs incurred by the Department of Public Works of the respective agencies in supervising and regulating the installation of a Cable Television System within the Streets of the respective agencies. The respective directors of Public Works of the County and Cities shall be authorized to formulate reasonable schedules for installation of a Cable Television System within the Streets of the agencies for the purpose of promoting safety, reducing inconvenience to the public, and insuring adequate restoration and repair of the Streets, and a Franchisee and its officers, agents, contractors and subcontractors shall comply with any and all such schedules.
(SCC 488 § 1, 1981)
All disturbance by a Franchisee of pavement, sidewalk, driveways, landscaping or other surfacing of Streets shall be restored, repaired or replaced by the Franchisee at its sole cost in a manner approved by the Director of Public Works and in compliance with generally applicable ordinances of the agency vested with jurisdiction thereover, and in as good condition as before the disturbance occurred.
To the extent practicable and reasonable, each Franchisee shall accommodate the desires of any property owner respecting location within easements or rights-of-way traversing private land of the property owner of above ground boxes or appurtenances constituting a part of the Cable Television System. Any disturbance of landscaping, fencing or other improvements upon private property, including private property traversed by easements or rights-of-way utilized by a Franchisee, shall, at the sole expense of the Franchisee, be promptly repaired or restored (including replacement of such valuables as shrubbery and fencing) to the reasonable satisfaction of the property owner as soon as possible. Each Franchisee shall, through authorized representatives, make a reasonable attempt to personally contact the occupants of all private property in advance of entering such property for the purpose of commencing any installation of elements of the System within easements or rights-of-way traversing such property. As used in this paragraph, the terms "easements" and "rightsof-way" do not include easements or rights-of-way for roadway purposes.
(SCC 488 § 1, 1981)
No franchise shall be deemed to expressly or impliedly 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 or Cities within which the Street is situated. Such consent shall be given or withheld in the sole discretion of the Governing Body, and may be given upon such terms and conditions as the Governing Body in its sole discretion may prescribe which shall include a requirement that the Franchisee perform, at its sole expense, all tree trimming required to maintain the poles clear of obstructions.
With respect to any poles or wire-holding structures which a Franchisee is authorized to construct and install within Streets, the County or Cities with jurisdiction over the Street or a public utility or public utility district serving the County or Cities may, if denied the privilege of utilizing such poles or wire-holding structures by the Franchisee, apply for such permission to the Cable Television Commission. If the Commission finds that such use would enhance the public convenience and would not unduly interfere with the Franchisee's operations, the Commission may authorize such use subject to such terms and conditions as it deems appropriate. Such authorization shall include the condition that the County, Cities, 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.
(SCC 488 § 1, 1981)
Except as hereinafter provided, in all areas of the Sacramento Community 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 above ground 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 Sacramento Community 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 ground from poles a Franchisee may construct and install its cables, wires and other facilities from the same poles.
With respect to any cables, wires and other like facilities constructed and installed by a Franchisee above ground, the Franchisee shall, at its sole expense, reconstruct and re-install 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 above ground like facilities of such utilities are placed underground.
(SCC 488 § 1, 1981)
If during the term of a franchise the County, Cities, 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 above ground 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 Cable Television System, were installed at the same time, the entities may decide among themselves who is to bear the cost of relocation; provided that neither the Cities nor County shall 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.
(SCC 488 § 1, 1981)
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 or City in which the Street is located. Such consent may be given or withheld upon such terms and conditions as the Director of Public Works deems appropriate. Each Franchisee shall be responsible for, shall indemnify, defend and hold harmless the County, Cities, Cable Television Commission, and their officers, agents and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of or any injury to any tree or trees proximately caused by the Franchisee or its officers, agents, employees, contractors or subcontractors.
(SCC 488 § 1, 1981)
Each Franchisee shall, upon request by any person holding a building moving permit, license or other approval issued by the County, Cities or State of California, 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 48 hours oral or written notice to arrange for such temporary wire changes.
(SCC 488 § 1, 1981)
Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the Cable Television Commission nor an assignee purchase the Cable Television System, the Franchisee may remove any underground cable from the Streets when 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 requires 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 undergrounded cable or conduit by trenching or opening of the streets along the extension thereof or otherwise which is ordered to be removed by the Board of Directors of the Cable Television Commission based upon a determination, in the sole discretion of the Board, 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 Board of Directors to remove cable or conduit shall be mailed to the Franchisee not later than 30 calendar days following the date of expiration of the franchise. A Franchisee shall file written notice with the Clerk of the Board of Directors not later than 30 calendar days following the date of expiration or termination of the franchise of its intention to remove cable authorized by this paragraph to be removed. The notice shall specify the location of all cable intended to be removed and a schedule for removal by location. The schedule and timing of removal shall be subject to approval and regulation by the Director of Public Works of the County and Cities with jurisdiction over the Streets from which cable is to be removed. Removal shall be completed not later than 12 months following the date of expiration 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 Cities and County within whose jurisdiction the cable or conduit is situated.
Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the Commission nor an assignee purchase the System, the Franchisee, at its sole expense, shall, unless relieved of the obligation by the County or Cities, remove from the Streets all above ground elements of the Cable Television 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 Commission or its assignee.
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 or Cities in which the Streets are located, 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.
(SCC 488 § 1, 1981)
Any Director of Public Works of the County or Cities 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 5.50.448 through 5.50.464, inclusive, above, shall be authorized to mail written notice of the violation to the Franchisee.
Not later than seven calendar days following the mailing of such notice the Franchisee shall be authorized to file an appeal with the Clerk of the Governing Body of the County or Cities by whom the Director of Public Works is employed. The Franchisee shall also file a copy of the notice in the office of the Director of Public Works. The Governing Body shall hear the appeal, and shall be authorized to do so at its earliest convenience. The Franchisee shall be authorized to present oral and documentary evidence and cross-examine witnesses. Formal rules of evidence shall not be applicable.
If no appeal is filed and within 10 calendar days following mailing of the notice the Franchisee has failed to correct the violation, or if an appeal is filed and within five calendar days following mailing to the Franchisee of an order by the Governing Body the Franchisee has failed to correct the violation as directed in the order, the Director of Public Works shall be authorized 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. In such event, 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.
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 Sections 5.50.448 through 5.50.464, inclusive, above, at the prescribed period following mailing of the notice of violation, or to prevent a determination that a Franchisee has breached any of said sections in advance either of the 10 days following the mailed notice or in advance of mailing of 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 for any damages which may arise out of and be proximately caused by breach by a Franchisee of any of the provisions of said sections.
(SCC 488 § 1, 1981)