It is anticipated that the cost of installing the Cable Television
System under the Initial CATV Franchise could range from $75 to $100
million. It is also anticipated that annual gross revenues derived
by the Franchisee after the System has been completed and is fully
operable could range as high as $100 million. Whereas Cable Television
Services have traditionally been limited to television programming
primarily for purposes of entertainment, advancing technology permits
delivery of a new generation of Interactive services which invade
non-entertainment commercial fields, and may extend from the provision
of burglar alarm services to services which permit the Subscriber
to shop or bank from his or her home and receive a vast array of professional,
technical, educational and other information, to medical, fire protection
and other emergency services, and to types of services which are as
yet unidentified.
Such services promise significant benefit to the community.
They also potentially generate regulatory needs the exact nature and
scope of which are impossible to predict, and the enforceability of
which could be time consuming and expensive should a Franchisee refuse
to comply. The need to regulate could extend to:
a.
Potentially
unfair and unlawful competitive practices by a Franchisee in operating
and utilizing the Cable Television System to provide services;
b.
Inadequate
maintenance or repair by the Franchisee of the Cable Television System;
c.
Invasion
of the privacy of Subscribers;
d.
Unethical
or unfair business practices in relation to Subscribers or others;
and
e.
A
variety of other regulatory measures which are necessary to protect
the health, safety or welfare of inhabitants of the Sacramento Community.
The provisions of this chapter address these issues by, with few exceptions, placing no limit upon the services which a Franchisee may provide, mandating few services, prescribing general duties and responsibilities in relation to future public interest issues, and making no attempt, with few exceptions, to limit the services which a Franchisee may provide to those which may be listed in the Franchisee's proposal, and reserving broad authority to amend the provision of this Article under Section 5.50.038 in Sub-Chapter 1. The purposes of this chapter and this Article are to:
1.
Reserve and vest broad regulatory authority in the Cable Television
Commission in order to enable it to enact future regulations which
are tailored to address the problems requiring regulation and to avoid
sensitive constitutional issues which may arise in attempts to regulate
operation of a Cable Television System;
2.
Establish general regulatory guidelines defining the rights, duties
and responsibilities of Franchisee and the Cable Television Commission
which may be made more specific, expanded or otherwise modified to
meet future regulatory needs by regulations enacted by the Commission
or amendment of this Article.
(SCC 488 § 1, 1981)
Legal and equitable title to the Cable Television System, including
any and all studio facilities and production equipment provided for
Community Use, the Institutional Network, and all channels of whatever
kind or nature shall be vested in the Franchisee.
(SCC 488 § 1, 1981)
Within a Service Area services provided by a Franchisee through its Cable Television System upon both the Subscriber and Institutional Networks shall be offered uniformly upon non-discriminatory terms to Subscribers and users, and shall not differ based upon geographical location. The nature, extent and volume of services offered within a Proposed Service Area and, except as provided by Section 5.50.424 and 5.50.426 in Article 4-b, outside of a Service Area, may differ from those offered within an Imposed Service Area, and may differ from one Proposed Service Area to another. Each application for a franchise shall describe in detail the manner, if at all, the nature, extent or volume of services offered within Proposed Service Areas will differ from those offered within an Imposed Service Area, and the manner, if at all, the nature, extent or volume of services offered will differ from one Proposed Service Area to another.
Each application for a franchise shall contain schedules of
all home educational and entertainment programming proposed to be
shown on either the Subscriber Network or Institutional Network within
each Service Area throughout the term of the franchise. The applications
shall show for each Service Area:
a.
All
Tiers of Service, Basic Service being the lowest Tier;
b.
The number of channels within each Tier of Service offered at the subscription rate applicable to the Tier, together with an identification of the Tier placement of any channels allocated pursuant to Section 5.50.336, the second main paragraph in Section 5.50.338, and Sections 5.50.342 and 5.50.344 in Article 4-a;
e.
A
statement of the minimum number of hours per day and week each channel
within each Tier of Service will contain home educational and entertainment
programming which has not previously been broadcast within the Sacramento
Community; and
f.
A statement of all premium services to be offered within each Tier of Service, together with program descriptions of each such service, and the minimum number of hours per day and week each such service will be available within each Tier of Service within the times prescribed by Subparagraphs "b", "c" and "d" of Section 5.50.410 in Article 4-b.
The provisions of Subparagraphs "c", "d", "e" and "f", above, shall not be applicable to channels described by Subparagraph "a-(l-5)" of Section 5.50.012 in Sub-Chapter 1.
g.
Each
application for a franchise shall also contain a description of such
non-entertainment services (whether or not of an Inter-active nature)
as the applicant offers to provide on either the Subscriber Network
or Institutional Network within each Service Area throughout the term
of the franchise. For each such service, applications shall show:
1.
The nature, scope and extent of each service;
2.
For each service, any restrictions relating to the geographical location
of delivery, and the class of customer or recipient of service;
3.
Schedules of all rates and charges under which each service will
be offered to customers or recipients;
4.
The names and addresses for each service of the proposed provider
or providers of the service, together with a copy of the contract
or other legal instrument between the Franchisee and the provider(s);
and
5.
Information by amendment to the application as may be required during
the public hearing referred to below.
During the public hearings prior to tentative selection of a Franchisee conducted pursuant to Sections 5.50.210 and 5.50.214 in Sub-Chapter 3, the Governing Bodies of the County and Municipality of Sacramento respecting the Initial CATV Franchise, and the Board of Directors of the Cable Television Commission respecting any other franchise, may, in their sole discretion, determine which, if any, such non-entertainment services shown in each application the applicant, if selected as the Franchisee, would be vested with a contractual right and duty to perform throughout the term of the franchise. Any such identification may be accompanied by such conditions as are determined to be appropriate, including, but not limited to, conditions relating to the nature and extent of service provided, the terms and conditions of provision, and opportunities for use of the Cable Television System by others, including the circumstances under which Leased Access for such purposes will be provided. Any services so identified, together with the conditions thereof, shall be prescribed in the resolution offering the franchise to the extent they appear in the application filed by the Franchisee.
(SCC 488 § 1, 1981)
A Franchisee's rights and duties respecting the provision of
non-entertainment services (whether or not of an Inter-active nature)
on either the Subscriber or Institutional Networks during the term
of the franchise shall be as follows:
a.
A Franchisee shall be authorized, but not vested with a contractual right or duty, to provide services which either: (i) have been identified in its application but have not been prescribed by the resolution offering the franchise; or (ii) have not been described, specified or identified either in the application or resolution offering the franchise. The authorization shall be subject to modification through regulation or revocation (by prohibiting the service) pursuant to Section 5.50.508, below.
b.
A Franchisee shall be vested with a contractual right and duty to provide services prescribed by the resolution offering the franchise during the entire term of the franchise. Public hearings to receive comment upon such matters shall be conducted pursuant to the last paragraph in Section 5.50.504, above, prior to tentative selection of a Franchisee, or, after notice given in the manner prescribed by Section 5.50.024 in SubChapter 1 and mailed to the tentative selectee, between the date of tentative selection and approval of the resolution offering the franchise by the Governing Bodies of the County and Municipality of Sacramento, or subcommittees thereof, sitting jointly with respect to the Initial CATV Franchise or the Board of Directors of the Commission, or a subcommittee thereof, with respect to any other franchise. In the event the public hearing is conducted between the date of tentative selection of a Franchisee and approval of the resolution offering the franchise, the issuing authority shall be vested with the same powers in connection with non-entertainment services by the selectee as are prescribed by the last paragraph in Section 5.50.504, above. Services prescribed in the resolution offering the franchise shall be provided in compliance with all conditions prescribed by the resolution. Pursuant to Section 5.50.508, below, such services may be regulated and the conditions applicable thereto set forth in the resolution may be modified or expanded; provided that no such service shall be prohibited.
A Franchisee providing a non-entertainment service or desiring to offer or provide such a non-entertainment service which has not been identified in the resolution offering the franchise (whether or not the service has been described in the Franchisee's application) may, at any time during the term of the franchise, file with the Clerk of the Board of Directors of the Cable Television Commission a written request for approval of the vesting thereof. The written request for approval shall contain such information as is required by the Board of Directors of the Commission. Not later than 30 calendar days following the date of filing of the request for approval, the Board of Directors of the Commission shall commence a public hearing thereon, notice of which is given in the manner prescribed by Section 5.50.024 in Sub-Chapter 1. At the conclusion of the public hearing, the Board of Directors of the Commission may, in its sole discretion, either approve or disapprove the proposed service. If the service is approved, the approval may be granted upon such conditions as are described by the last paragraph in Section 5.50.504, above. A Franchisee, from and after the date of such approval, shall be vested with a contractual right and duty to provide such a service subject to the following limitations. The service shall be provided in compliance with all conditions prescribed by the approval. Pursuant to Section 5.50.508, below, such service may be regulated and the conditions set forth in the approval may be modified or expanded, but no such service may be prohibited.
(SCC 488 § 1, 1981; SCC
516 § 2, 1982)
No non-entertainment service (whether or not of an Inter-active
nature) provided through the Cable Television System shall be provided
or operated in a manner which is detrimental to the public peace,
health, safety or welfare.
The Board of Directors of the Cable Television Commission may, from time to time during the term of a franchise, after public hearings notice of which is given in the manner prescribed by Section 5.50.024 in SubChapter 1, exercise the following powers:
a.
Prohibit or adopt rules or regulations governing the provision or manner of operation or provision of a non-entertainment service which either has been described by the application for the franchise but not identified in the resolution offering the franchise or which has not been described, identified or specified either in the application or resolution offering the franchise, and which has not been approved pursuant to the last paragraph in Section 5.50.506, above;
b.
Adopt rules or regulations governing, or modifying or adding conditions relating to, the provision or manner of operation or provision of a non-entertainment service which has either been identified by the resolution offering the franchise or approved pursuant to the last paragraph in Section 5.50.506, above; or
c.
Adopt
regulations relating to opportunities for use of the Cable Television
System by others, in relation to a specific non-entertainment service
provided by the Franchisee, including the circumstances under which
Leased Access for such purposes will be provided.
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A Franchisee shall comply with any such conditions, rules or regulations; provided that with respect to any service identified by the resolution offering the franchise or approved pursuant to the last paragraph in Section 5.50.506, above, a Franchisee shall be authorized to terminate the service in lieu of complying with conditions, rules or regulations applicable thereto adopted pursuant to this section.
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The powers of the Board of Directors of the Commission under
this section are coextensive with those which are authorized by laws
of the State of California or United States and with those defined
by the police power expressed by Article XI, Section 7 of the California
Constitution. A Franchisee shall not in relation to this section be
deemed to have contractually or otherwise waived any constitutional
right which would otherwise be applicable to a franchised cable television
operator.
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(SCC 488 § 1, 1981)
Subject to the provisions of this section and the authority reserved by Section 5.50.512, below, a Franchisee shall be deemed to be vested with a contractual right and duty to provide those home educational and entertainment services identified in its application.
It is understood that with respect to home educational and entertainment
programming on either the Subscriber or Institutional Networks, Tier
arrangements, premium services, and program selection and content
which a Franchisee has elected to propose in its application are among
the material factors which are considered in selecting the Franchisee.
The hierarchy of programming arranged within Tiers of Service and
placement of premium programs therein as shown by the application,
cost relationships between Tiers of Service (other than Basic Service)
to the extent an operator includes such rates in its application,
and number of channels within Tiers and programming thereon also constitute
material factors considered in selection.
It is also understood that changing circumstances, including marketing strategy, program availability and other factors, will require that programming identified in the Franchisee's application pursuant to Section 5.50.504, above, will be changed from time to time during the term of the franchise.
Therefore, a Franchisee shall be authorized to alter the allocation of channels to Tiers of Service and home educational and entertainment programming from time to time during the term of the franchise from that identified in its application and provided at the times defined by Subparagraphs "b", "c" and "d" of Section 5.50.410 in Article 4-b; provided that no such change shall materially reduce or eliminate programming of the nature, extent, volume or quality identified in the application or provided at the above times or materially alter the hierarchy of program relationships identified by the application or provided at the above times. A Franchisee shall be authorized to move particular premium services from one Tier of Service to another during the term of a franchise if with respect to a specifically identified premium service, the application clearly shows that the Franchisee has placed the premium service in a particular Tier only for purposes of illustration, and reserves the right, in its sole discretion, to place the premium service in any Tier which it elects from time to time during the term of the franchise.
If at any time the Board of Directors of the Cable Television
Commission asserts that a Franchisee has violated the provisions of
this section it shall be authorized to mail to the Franchisee written
notice of its demand for arbitration. The notice shall specify the
particulars underlying the Board's assertions.
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;
b.
Determination of whether the Franchisee has materially reduced or eliminated programming of the nature, extent, volume or quality identified in its application or provided at the times defined by Subparagraphs "b", "c" or "d" of Section 5.50.410 in Article 4-b, or materially altered the programming relationships between Tiers of Service identified by the application or provided at the above times; and
c.
In
the event of an affirmative determination under Subparagraph "b",
above, the remedy, which may include, but is not limited to, the re-allocation
of channels among Tiers of Service, the reallocation of programming
among Tiers of Service, increases of particular types of programming
or reinstatement of terminated programming.
(SCC 488 § 1, 1981)
No home educational or entertainment service provided through
a Cable Television System, shall be provided or operated in a manner
which is detrimental to the public peace, health, safety or welfare.
The provisions of this section shall not be self-executing, shall
not be deemed to authorize the Cable Television Commission or any
other public authority to establish bans upon services in advance
of the offering thereof, and may be invoked solely pursuant to the
following procedure.
If the Board of Directors of the Cable Television Commission determines that there is reason to believe that a particular service provided through a Cable Television System is of a type or is otherwise provided in a manner which is detrimental to the public peace, health, safety or welfare, the Board shall schedule a public hearing. Written notice identifying the service or services or method of provision subject to the determination shall be mailed to the Franchisee not later than 30 days in advance of the hearing. Notice of the hearing shall be given in the manner prescribed by Section 5.50.024 in Sub-Chapter 1. If at the conclusion of the public hearing, the Board determines that a service is being provided of a type or in a manner which is detrimental to the public peace, health, safety or welfare, the Board may enact regulations which prohibit the services or otherwise regulate the manner of the provision thereof, as the case may be, and may enforce the regulation by appropriate action in the courts of this state.
The powers of the Board of Directors of the Commission under
this section are coextensive with those which are authorized by laws
of the State of California or United States and with those defined
by the police power expressed by Article XI, Section 7 of the California
Constitution. A Franchisee shall not in relation to this section be
deemed to have contractually or otherwise waived any constitutional
right which would otherwise be applicable to a franchised cable television
operator.
(SCC 488 § 1, 1981)
No Franchisee shall remove or offer to remove any potential
or existing Subscriber antenna, or provide any inducement for removal
as a condition respecting the provision of service.
(SCC 488 § 1, 1981)
No franchise issued pursuant to the provisions of this chapter
shall be deemed to expressly or impliedly authorize the Franchisee
to utilize its Cable Television System to provide any service in such
a manner as to unlawfully damage any business competitor or other
third party or violate any statutes or regulations of the United States
or State of California. Nor shall any Franchisee, by act or omission,
engage in any anti-competitive practice in violation of any statutes
or regulations of the United States or State of California. The provisions
of this section shall be enforceable in courts of competent jurisdiction
against a Franchisee by any party who alleges injury as a result of
an alleged violation thereof.
(SCC 488 § 1, 1981; SCC
1096 § 1, 1997)
In the event the Cable Television Commission fails to renew
a franchise, a franchise is canceled in advance of the expiration
of its term, or a new operator succeeds to the franchise by assignment
or otherwise, the preceding Franchisee shall, without compensation,
cooperate with Television Commission, new operator or new Franchisee
in maintaining continuity of service to all Subscribers and Users.
Such cooperation shall include, but not be limited to, making records
available for inspection and review, the provision of advice and other
assistance as requested.
Upon written notice mailed by the Commission to the Franchisee for the purpose of insuring continuity of service to Subscribers and Users, a Franchisee, without compensation or other special consideration, shall operate the Cable Television System during the period subsequent to the termination of the franchise and shall repair and maintain the System, conduct the business associated with operation of the System, and provide uninterrupted services during the post franchise period during such time as is requested by the Commission pursuant to the terms and conditions of the Franchise Documents for the franchise which has expired or terminated. During such period, the Franchisee shall be entitled to revenues, profits and shall be solely responsible for any operating losses; provided that franchise fees prescribed pursuant to Article 4-d shall be payable during said period.
(SCC 488 § 1, 1981)
Each Franchisee shall furnish to its Subscribers, Users and other customers all services through a Cable Television System at the best possible signals available under the circumstances existing at the time, to the satisfaction of the Cable Television Commission, and shall provide quality reception of Basic Service and other services described pursuant to Section 5.50.504, above, to each Subscriber so that both sound and picture are produced free from visible and audible distortion and ghost images on standard television receivers in good repair.
No Franchisee shall permit its Cable Television System to interfere
with television reception of persons not served by the Franchisee.
Nor shall any System interfere with, obstruct or hinder in any manner,
the operation of the various utilities serving the Sacramento Community.
(SCC 488 § 1, 1981)
Each Franchisee shall continue throughout the term of the franchise
to maintain the technical standards and quality of service set forth
in the Franchise Documents for that franchise.
(SCC 488 § 1, 1981)
During the term of each franchise, the Franchisee shall maintain
its Cable Television System in good condition and repair, render efficient
service, make repairs promptly, and interrupt service only for good
cause and for the shortest time possible.
(SCC 488 § 1, 1981)
Each Franchisee shall maintain at least one business office
and repair center within the Sacramento Community. The business office
shall be open at least during the hours of 9:00 a.m., through 5:00
p.m., Mondays through Fridays, excepting legal holidays. Staffing
shall be maintained to provide repair services at least during the
hours 9:00 a.m., through 5:00 p.m., seven days a week, legal holidays
other than Saturdays and Sundays excepted. Capacity shall be maintained
to receive and record service calls for maintenance and repairs seven
days per week, twenty-four hours per day, including legal holidays.
The business office and repair center shall be reachable by
local toll-free telephone, and the telephone number or numbers shall
be listed in all directories published by all telephone companies
containing telephone numbers within the Sacramento Community.
Each Franchisee shall promptly respond to, investigate and resolve
complaints. Necessary maintenance or repairs shall be made expeditiously,
permitting as little interruption of service as possible. No direct
charge shall be made to subscribers for service calls or for repairs
which do not result from damage caused by subscribers.
(SCC 488 § 1, 1981)
Each Franchisee shall take such affirmative action as is necessary
in order to avoid interruptions of services and minimize unavoidable
interruptions of services.
a.
If
during the term of the franchise, the Franchisee determines that it
is necessary to significantly interrupt receipt by some or all subscribers
or users of services as a result of the need to undertake major repairs
or extend, expand, modify or otherwise improve the Cable Television
System, such work shall be planned, designed and scheduled in such
a manner as to avoid continuous interruption of service to the maximum
extent possible, keep prolonged interruption to a minimum, and restrict
interruptions to periods of least viewing intensity. Plans for such
interruptions of service shall be subject to approval of the Cable
Television Commission in advance of implementation.
b.
The
Board of Directors of the Cable Television Commission shall be authorized
to enact, and a Franchisee shall comply with, rules which excuse subscribers
from the payment of rates to a Franchisee for services provided through
a Cable Television System during periods transmission or receipt of
signals for such services is interrupted as a result of defects in,
malfunctions of, periods required for repair of or periods required
for expansion, modernization or improvement of the Cable Television
System, or any part or portion thereof.
(SCC 488 § 1, 1981)
Each Franchisee shall maintain for a period of five years and
make available for inspection and copying by authorized representatives
of the Cable Television Commission, the following:
a.
A
permanent service log which shows the name and address of each person
requesting maintenance or repair service, the nature of the service
requested, the date and time the request was received, and the disposition
(including the date on which repair was made or the request otherwise
resolved, and method of resolution);
b.
A
permanent record of each request for subscription to Basic Service,
including the name and address of the person making the request, and
the date of the request;
c.
A permanent record of each written complaint received by the Franchisee pursuant to the provisions of Section 5.50.540, below, together with the name and address of the complainant, the nature of the complaint, and the dates and descriptions of any and all investigatory, corrective or other actions taken as a result thereof.
(SCC 488 § 1, 1981)
During the term of any franchise issued pursuant to the provisions
of this chapter, each Franchisee shall, not less frequently than annually,
file a written report with the Clerk of the Board of Directors of
the Cable Television Commission. The report shall be filed not later
than 90 calendar days after the end of the Franchisee's fiscal year.
The report shall include the following:
a.
A
summary of the activities of the Franchisee during its previous fiscal
year in the development and operation of the Cable Television System,
including, but not limited to: a description of all services provided
through the Cable Television System as of the conclusion of the fiscal
year; a description of all such services which were added or terminated
during the fiscal year; a statement of the number of subscribers by
category of services rendered as of the end of the fiscal year; and
a summary of the facilities, channels and resources made available
during the fiscal year for Community Use, including a list of the
persons and/organizations which have produced, sponsored and broadcast
programming upon Community Use Channels, a description of the types
of programming provided through such Channels, and any recommendations
by the Franchisee for improvement in Community Use;
b.
A
specific and detailed description of all components, elements and
extensions of the Cable Television System which have been installed
during the Franchisee's previous fiscal year, showing the locations
of all such installations, and including copies of plans, specifications
and drawings showing the components, elements and extensions as installed;
c.
A
statement showing the Franchisee's investments in property within
the Sacramento Community during the Franchisee's previous fiscal year,
including an identification of all real property or interests therein
within the Sacramento Community acquired or transferred by the Franchisee
and the amounts which the Franchisee paid for the acquisition of said
property or interests, a description of all buildings or other improvements
which the Franchisee constructed upon or added to real property within
the Sacramento Community together with the cost of such construction
or additions, and an itemization by component category of all costs
of components, elements and extensions of the Cable Television System;
d.
An
audited statement signed by a public or certified accountant of all
income received by the Franchisee during its previous fiscal year,
including an itemization of all services provided through the Cable
Television System, the unit or regular rates or charges for such services,
and the amount of income received attributable to each service, and
all other income from whatever sources, including an identification
of each source and the amount of income attributable thereto; and
e.
Audited
financial statements for the Franchisee's previous fiscal year signed
by a public or certified public accountant, including a balance sheet
and profit and loss statement.
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A Franchisee shall prepare and furnish to the Board of Directors
of the Cable Television Commission, at the times and in the form prescribed
by the Board, such other reports with respect to its operations, affairs,
transactions, or property, as the Board may deem necessary or appropriate
to the performance of its functions.
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(SCC 488 § 1, 1981; SCC
604 § 3, 1984)
No Franchisee shall deny service, deny access or otherwise discriminate
against Subscribers, channel users or general citizens on the basis
of race, color, religion, national origin or sex.
It shall be the right of all Subscribers, subject only to the
payment of lawful rates and reasonable terms and conditions established
by a Franchisee or the Board of Directors of the Cable Television
Commission, to receive and continue to receive services. Initial subscription
to service shall not be denied to any person on the basis of the person's
credit rating or for other reasons relating to economic condition.
(SCC 488 § 1, 1981)
Each Franchisee shall have authority to promulgate rules and
conditions governing the conduct of its business. No such rules or
conditions shall conflict with the Franchise Documents applicable
to the franchise, the provisions of Federal or State statutes or regulations,
or County or Cities" ordinances.
Such rules or conditions shall be reasonable and subject to approval as to reasonableness by the Board of Directors of the Cable Television Commission, after public hearings, notice of which has been given in the manner prescribed by Section 5.50.024 in Sub-Chapter 1, above, and shall not conflict with Rules and Regulations enacted by the Board of Directors of the Commission.
(SCC 488 § 1, 1981)
Each Franchisee, and its officers, agents, employees, contractors
and sub-contractors, shall respect, refrain from invading, and take
affirmative action to prevent violation of the privacy of subscribers
served by the Cable Television System and others.
a.
Neither
the Franchisee nor any other person, agency, or entity shall tap,
or arrange for the tapping or monitoring of any cable, line, signal
input device, or subscriber outlet or receiver for any purpose whatsoever,
except that the Franchisee may conduct tests of the functioning of
the System where necessary in order to ensure proper maintenance of
the System and to collect performance data for agencies regulating
the quality of signals, and the Franchisee may conduct System-wide
or individually addressed "sweeps" for the sole purpose of verifying
System integrity (including individual security system integrity),
controlling return path transmissions, billing for pay services, or
collecting aggregate data on viewing patterns by channel. "Tapping"
shall mean observing a communications signal exchange where the observer
is neither of the communicating parties, whether the exchange is observed
by visual, aural or electronic means, for any purpose whatsoever.
The provision of Inter-Active Services shall not be construed to be
"tapping" or "monitoring" under this subparagraph.
b.
The
Franchisee shall not place in any private residence or in any institution
any equipment capable of two-way communications without the written
consent of the Subscriber, and shall not utilize the two-way communications
capability of the System for Subscriber surveillance of any kind without
the written consent of the Subscriber specifying how the data collected
will be used and by whom. Tenants who occupy premises connected by
the System shall be deemed to be Subscribers within the meaning of
this sub-paragraph regardless of who actually pays for the service.
The written consents shall be, and shall show on their face that they
are, revocable by the Subscriber at any time by written communication
mailed by the Subscriber to the Franchisee. No penalty shall be invoked
for a Subscriber's failure to provide a written consent or for his
or her revocation thereof, and all written consents shall so state
on their face. The Franchisee shall not make such written consent
a condition precedent to receipt by a Subscriber of non-interactive
service. The provisions of this subparagraph shall not be deemed to
require consent as a condition precedent to System-wide or individually
addressed "sweeps" for the sole purpose of verifying System integrity,
controlling return-path transmissions, billing for pay services, or
collecting aggregate data on viewing patterns by channel.
c.
No
cable, line, wire, amplifier, converter, or other piece of equipment
associated with Cable Television System services shall be attached
to any residence or other property of a citizen (except within Streets)
without first securing the written permission of the owner or tenant
of the property. If such permission is later revoked, whether by the
original or a subsequent owner or tenant, the Franchisee shall remove
forthwith all of the equipment and promptly restore the property to
its original condition. The Franchisee shall perform all installations
in a workmanlike manner and shall be responsible for any damage to
residences or other property caused by the installation.
d.
No
Franchisee or officer, agent or employee thereof shall sell, or otherwise
make available, lists of and addresses of its subscribers, or any
list which identifies, by name or otherwise individual subscriber
viewing habits, to any person, agency, or entity for any purpose whatsoever;
except that the Franchisee shall, upon request, provide lists of names
and addresses of its subscribers to authorized representatives of
the Cable Television Commission when the Board of Directors of the
Commission deems such information necessary for performance of the
regulatory functions of the Commission. Names and addresses of Subscribers
within the possession of the Commission shall not be subject to public
inspection or review.
e.
A
Franchisee may release the number of Subscribers but only as a total
number and as a percentage of the potential Subscribers within the
Franchise Area. When indicating the number of Subscribers viewing
a particular channel, a Franchisee shall indicate only the total number
of Subscribers viewing during the relevant time and, the percentage
of all Subscribers which they represent, but not the identity of any
Subscriber.
f.
No
polls or other two-way responses of subscribers shall be conducted
whether for commercial purposes, in connection with Community use,
or otherwise unless the program of which the poll is a part contains
an explicit disclosure of the nature, purpose, and prospective use
of the results of the poll. The Franchisee shall supervise and monitor
all polls in which responses are received through the Cable Television
System, and shall adopt and enforce measures which ensure that personally
identifiable information concerning a subscriber, including his or
her viewing habits and response or responses to the inquiry or inquiries,
is not received by any third party, including the party sponsoring
the poll.
g.
A
Franchisee shall not tabulate any test results, nor permit the use
of the System for such tabulation, which would reveal the commercial
product preferences or opinions of individual Subscribers, members
of their families or their invitees, licensees or employees, without
advance written authorization by the Subscriber.
(SCC 488 § 1, 1981)
The Cable Television Commission and each Franchisee shall separately
designate representatives whose responsibility it is to receive and
investigate complaints relating to violations of the Franchise Documents.
As subscribers are connected or re-connected to a Cable Television
System and at least annually as respects continuing subscriptions
each Franchisee shall by appropriate means, such as card or brochure,
furnish information concerning the opportunity to make complaints,
including the names, addresses and telephone numbers of the representatives
designated by the Franchisee and Commission.
Each Franchisee shall make available for inspection and copying,
all records relating to complaints, and make such other information
available to the Commission's representative as necessary to permit
a complete investigation of complaints by the representative.
(SCC 488 § 1, 1981)
Upon request by either a Franchisee or the Cable Television Commission and, in any event, not less frequently than 30 calendar days following the third, sixth, ninth, twelfth, fifteenth, and eighteenth years' anniversary dates following the date of filing of the Certificate of Acceptance of each franchise, the Franchisee and the Commission shall conduct evaluation sessions. The evaluation sessions shall be conducted during public hearings held by the Board of Directors or an advisory or other committee appointed by the Board of Directors of the Commission, notice of which has been given in the manner prescribed by Section 5.50.024 in Sub-Chapter 1, above. Topics discussed at such sessions may include services application of new technologies, system performances, services provided, programming offered, customers complaints, privacy of Franchisee or Commission rules and regulations; and shall include any topic which the Franchisee, the Commission or members of the public request be discussed.
(SCC 488 § 1, 1981; SCC
565 § 12, 1983)
After public hearings notice of which is given in the manner prescribed by Section 5.50.024 in Sub-Chapter 1, the Board of Directors of the Cable Television Commission shall, from time to time, be authorized to enact technical standards applicable to the operation, maintenance, repair, replacement or functioning of a Cable Television System for the purpose of improving or maintaining quality of video or audio signals, freedom from interference, reliability of service delivery, or other similar types of functional characteristics of the System. Each Franchisee shall take such actions as are necessary to comply with such standards, and the failure to do so shall constitute a material violation and breach of the Franchise Documents.
(SCC 488 § 1, 1981)
When the Board of Directors of the Cable Television Commission
finds that complaints from Subscribers or other factors cast doubt
upon the reliability or quality of service, the Board of Directors
shall have the right to order a Franchisee to test, analyze and report
upon the performance of the Cable Television System. Such tests shall
be conducted at the sole expense of the Franchisee. The Board of Directors
may require that the tests be supervised by an engineer selected by
the Board and compensated by the Franchisee who signs all test records
and provides an independent report or advice to the Board. Within
45 calendar days following the date on which an order requiring the
tests is mailed to the Franchisee, the Franchisee shall file with
the Clerk of the Board of Directors a report which identifies the
System component or components tested, describes the equipment used
and procedures employed in testing, and explains the nature, extent
and cost of feasible alternative methods of correcting any deficiencies
revealed.
If after a public hearing notice of which has been given in the manner prescribed by Section 5.50.024 in Sub-Chapter 1, above, the Board of Directors of the Commission finds that a Franchisee has failed to comply with or maintain the technical standards or quality of service prescribed pursuant to Section 5.50.544, above, or otherwise set forth in the Franchise Documents for that franchise, the Board of Directors may order the Franchisee to make specifically enumerated repairs of or improvements in the System or changes in the maintenance, repair or operation of the System. The Franchisee shall complete such repairs or improvements within a reasonable time, and, in any event, not later than six months following the date on which the order requiring reprovement is mailed to the Franchisee.
(SCC 488 § 1, 1981)
No Franchisee shall discriminate in employment or selection
of contractors or sub-contractors on the basis of race, color, religion,
national origin or sex (including marital status). Each Franchisee
shall strictly comply with the Equal Employment Opportunity Regulations
promulgated by the FCC, and all applicable Federal and State statutes
and regulations and ordinances of the County and Cities. Each Franchisee
shall establish as objectives the employment of a work force based
upon merit and achievement of a racial balance within its work force
consistent with that which pertains within the residential population
of the Sacramento Community.
(SCC 488 § 1, 1981)
Except as otherwise expressly provided herein, the Board of
Directors of the Cable Television Commission shall be authorized to
regulate all Cable Television operations and services provided by
a Franchisee for the purpose of promoting and protecting the public
convenience, health, safety and welfare.
The Board of Directors of the Commission may exercise regulatory powers conferred herein by the enactment, from time to time, of rules and regulations, after a public hearing by the Board or an advisory committee appointed by the Board, notice of which is given in the manner prescribed by Section 5.50.024. The rule making powers of the Board of Directors shall include, but not be limited to, the authority to interpret, clarify, make specific and apply the provisions of this Ordinance and to enact rules and regulations which impose specific duties or prohibitions for the purpose of implementing the duties, responsibilities and restrictions set forth in this Ordinance or such duties, responsibilities and restrictions as may be authorized to be imposed by such future state or federal enactments as may, from time to time, occur. The foregoing shall include, but not be limited to, consumer protection regulations and, to the extent now or hereafter allowed by state and federal law, rate regulation. Each Franchisee shall comply with all such rules and regulations.
(SCC 488 § 1, 1981; SCC
565 § 14, 1983; SCC 0819 § 2,
1991)
