The purposes of this chapter include, but are not limited to,
the promotion of the general welfare of the citizens of the county
by:
a.
Establishing
a plan for the licensing of cable television services within the County
and the Cities;
b.
Establishing
a regulatory framework for the administration of licenses in order
to insure that the potential recreational, technical, educational,
social, economic and other advantages of cable television will in
fact inure to the benefit to the citizens of the County and the Cities;
c.
To
provide for the equal and uniform provision of cable television services
throughout the County and the Cities;
d.
To
insure that Licensees have the requisite financial qualifications
to promptly complete and operate the Cable Television System proposed
to be constructed hereunder.
e.
To
regulate the operations of Licensees for the purpose of protecting
and promoting the public health, peace, safety, and welfare.
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The provisions of this section shall not be deemed to confer
any right upon a Licensee which is not otherwise conferred by another
express provision of this chapter.
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(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
As used in this chapter, the following terms, phrases, and words
shall be ascribed the following meanings, unless the context indicate
otherwise. The word "shall" is mandatory, and the word "may" is permissive.
Words not defined herein shall be given their common and ordinary
meanings, consistent with the context in which such words are used
and the purposes of this chapter.
a.
"Cable
Television Commission" shall mean the Sacramento Metropolitan Cable
Television Commission, a joint powers agency of the County of Sacramento,
the City of Sacramento, the City of Folsom, the City of Galt, and
any other city within the County of Sacramento that is a member of
the Cable Television Commission, established pursuant to California
Government Code section 6500 et seq. and pursuant to Chapter 5.50
of the Sacramento County Code.
b.
"Cable
Television System" shall mean a system of antennae, cables, wires,
lines, towers, waveguides, or other conductors, converters, amplifiers,
headend equipment, master controls, earth stations, equipment and
facilities designed and constructed for the purpose of producing,
receiving, transmitting, amplifying and distributing audio, video
and other forms of electronic or electrical signals within the County
and the Cities, some part or portion of which occupies the Streets
as defined herein.
d.
"County
and the Cities" shall mean the County of Sacramento, the City of Sacramento,
the City of Folsom, the City of Galt, and any other city within the
County of Sacramento that is a member of the Cable Television Commission.
e.
"Encroachment
Permit" shall mean a permit issued to a Licensee by the County of
Sacramento pursuant to Division 2, Chapter 5.5 of the California Streets
and Highways Code and Chapter 12.00 of the Sacramento County Code
or by one or more of the Cities.
f.
"Gross
Revenues" shall mean all cash, credits, property of any kind or nature
or other consideration derived directly or indirectly by a Licensee,
its affiliates, subsidiaries, parents, and any other person or entity
in which the Licensee has a financial interest or which has a financial
interest in the Licensee, arising from or attributable to operation
of the Cable Television System, including, but not limited to: (1)
revenue from all charges for services provided to subscribers of entertainment
and non-entertainment services (including Leased Access fees); (2)
revenue from all charges for the insertion of commercial advertisements
upon the Cable Television System; (3) revenue from all charges for
the leased use of studios; (4) revenue from all charges for the installation,
connection and reinstatement of equipment necessary for the utilization
of the Cable Television System and the provision of Subscriber and
other services and (5) the sale, exchange or use or cablecast of any
programming developed for community use or institutional users.
"Gross Revenues" shall include, valued at retail price levels,
the value of any goods, services, or other remuneration in non-monetary
form received by the Licensee or others described above in consideration
for performance by a Licensee or others described above of any advertising
or other service in connection with the Cable Television System.
"Gross Revenues" shall not include (1) any taxes on services
furnished by the Licensee which are imposed directly upon any Subscriber
or User by the United States, State of California or local agency
and collected by the Licensee on behalf of the government; (2) revenue
received directly from the Licensee by an affiliate, subsidiary or
parent of the Licensee or any other person or entity in which the
Licensee has a financial interest or which has a financial interest
in the Licensee, when the revenue received has already been included
in reported Gross Revenues as received by the Licensee, (3) revenue
received by such an affiliate, subsidiary, parent, person or entity
when the revenue received is from the sale of national advertising
shown on programs distributed on a national basis by the affiliate,
subsidiary, parent, person or entity and, but for this exception,
that portion of the revenue attributable to broadcasts through the
Cable Television System would be treated as Gross Revenues and revenues
derived from subscribers whose electromagnetic signal, from inception
through delivery, does not pass through any equipment or device which
is located within the Streets.
g.
"Leased
Access" shall mean the use on a fee for-service basis of the Cable
Television System by business enterprises (whether profit, nonprofit
or governmental) to render services to the citizens of the County
and the Cities and shall include without limitation all use pursuant
to Section 612 of the CCPA.
h.
"Licensee"
shall mean a person or entity to whom a License to construct and operate
a Cable Television System is issued pursuant to the provisions of
this chapter.
i.
"Streets"
shall mean the surface of and the space above and below any street,
road, highway, freeway, utility right of-way or any other easement
which now or hereafter exists for the provision of public or quasi
public services to residential or other properties, and in which the
County and the Cities is expressly or impliedly authorized or empowered
to permit use for the installation and operation of a Cable Television
System.
j.
"Subscriber"
shall mean a lawful recipient of service from a Cable Television System.
k.
"User"
shall mean a party utilizing a Cable Television System channel for
purposes of production or transmission of material to Subscribers,
as contrasted with receipt thereof in a Subscriber capacity.
(SCC 690 § 1, 1987; SCC
753 § 4, 1989; SCC 786 § 1, 1989; SCC 1095 § 8, 1997)
Except as otherwise provided by this chapter, Streets within
the County and the Cities shall not be occupied by or used for a Cable
Television System except under (1) a License issued pursuant to the
provisions of this chapter, or (2) a Franchise issued pursuant to
the provisions of Chapter 5.50 of this Code. A License issued pursuant
to the provisions of this chapter shall not be required for a Cable
Television System which does not to any extent occupy the Streets.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
No License issued pursuant to the provisions of this chapter
shall be deemed to expressly or impliedly authorize the Licensee to
utilize poles owned by the Pacific Gas and Electric Company, Pacific
Telesis, the Sacramento Municipal Utility District or any other public
or private utility which are located within the Streets, without the
express consent of the utility.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
All notices and other writings authorized or deemed to have
been given and served when deposited in the United States Mail, postage
prepaid, and addressed, with respect to a Licensee to any office maintained
by the Licensee within the County and the Cities, and with respect
to other parties to the last known address of such party.
Any notice or other writing authorized or required by the provisions
of this chapter to be "filed", shall be deemed "filed" when received
in the business office of the party with whom such notice or writing
is authorized or required to be "filed".
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
It is declared that the provisions of this chapter are enacted
pursuant to the authority conferred by its charter. It is also enacted
pursuant to the police powers conferred by Article XI, Section 7 of
the California Constitution for the promotion and protection of the
peace, health, safety, and general welfare of the citizens of the
County and the Cities.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
All zoning and other land use ordinances, building electrical,
plumbing and mechanical codes, business license ordinances and all
other ordinances of general application now in existence or hereafter
enacted by the County and the Cities shall be fully applicable to
the exercise of any License issued pursuant to provisions of this
chapter, and the Licensee shall comply therewith. In the event of
a conflict between the provisions of this chapter and those of such
an ordinance of general application, the provisions of such ordinance
of general application shall prevail.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
Copies of all petitions, applications, communications, and reports
submitted by a Licensee to the FCC or any other Federal or State regulatory
commission or agency having jurisdiction in respect to any matters
affecting construction or operation of a Cable Television System or
services provided through such a system, shall be filed simultaneously
with the Clerk of the Board of Directors of the Cable Television Commission.
Copies of responses or any other communications from the regulatory
agencies to a Licensee likewise shall be filed immediately on receipt
with said Clerk.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
Except as otherwise expressly provided by this chapter, any
judicial proceeding, whether for the recovery of damages or otherwise,
brought for the purpose of adjudicating the validity of any provision
of this chapter or amendments thereof shall be commenced not later
than 30 calendar days following the latter of: (1) the effective date
of the provisions; or (2) the accrual of the cause of action. Any
such judicial proceeding brought for the purpose of adjudicating the
validity of any rule, order, regulation or determination which purports
to have been made pursuant to the provisions of this chapter shall
be commenced not later than 30 calendar days following the date of
adoption, issuance or making of such rule, order, regulation or determination.
No judicial proceeding shall be commenced in violation of the limitations
prescribed by this section.
The provisions of this section shall not be applicable to any
judicial proceeding for the recovery of damages or otherwise, commenced
by the Cable Television Commission for breach or enforcement of the
provisions of this chapter or any regulation or determination purporting
to have been issued thereunder.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
The County hereby declares that as a result of this ordinance
and any License issued pursuant hereto, a possessory interest subject
to property taxation may be created and any such property interest
may be subject to property taxation if it is created. The Licensee,
as the party in whom the possessory interest will be vested, may be
subject to the payment of property taxes levied upon such an interest.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
