The city shall provide grantee with a detailed written notice of any franchise violation upon which it proposes to take action, and a ninety-day period within which grantee may demonstrate that a violation does not exist or to cure an alleged violation or, if the violation cannot be corrected in ninety days, to submit a plan satisfactory to the city to correct the violation. In the event that the franchise violation involves one that the city, in the exercise of its reasonable discretion, believes to be material, the time periods in Sections 5.30.320 and 5.30.330 shall be changed from ninety days to thirty days.
(Ord. 993 § 1, 1994)
If grantee fails to disapprove or correct the violation within ninety days or, in the case of a violation which cannot be corrected in ninety days and grantee has not timely submitted a satisfactory plan, then city may declare the grantee in default, which declaration must be in writing. Grantee will not be deemed in default if it has notified grantor of a failure or inability to cure and grantor fails to object within a reasonable time after such notice. In the event that the city declares grantee in default, the city shall have the right to institute legal proceedings to collect damages from the date of the violation, or to exercise any other rights and remedies afforded the city in law or equity, provided however, that the city may institute such legal proceedings only after the hearing has been held and the written decision issued pursuant to Section 5.30.340 and the grantee opts not to appeal the Section 5.30.340 written decision to arbitration pursuant to Sections 5.30.350 and 5.30.360, and provided further that the city may institute revocation proceedings against grantee only after declaration of default, pursuant to Section 5.30.370 below and only on the grounds set forth therein.
(Ord. 993 § 1, 1994)
Within fifteen days after receipt of a written declaration of default from the city, grantee may request, in writing, a hearing before the city or its agent, in a full public proceeding affording due process. Such hearing shall be held within thirty days of the receipt of the request therefor and a decision rendered within fifteen days after the conclusion of the hearing. The time frame for decision may be extended only upon a clear and convincing showing of good cause. Any decision shall be in writing and shall be based upon written findings of fact.
(Ord. 993 § 1, 1994)
Grantee may appeal a declaration of default to arbitration.
(Ord. 993 § 1, 1994)
Any arbitration help pursuant to the franchise or this chapter shall be conducted as follows:
A. 
Grantee and the city (or such substitute party to the arbitration) each shall, within fifteen days of the decision to proceed with arbitration, appoint one arbitrator experienced in the cable television business, which arbitrators shall mutually select a third arbitrator of similar qualifications.
B. 
Within thirty days after appointment of all arbitrators and upon fifteen days written notice to the parties to the arbitrator, the arbitrators shall commence a hearing on the dispute.
C. 
The hearing shall be recorded and may be transcribed at the request of either city or grantee.
D. 
At the close of the hearings, and within thirty days, the arbitrators shall prepare written findings and serve such decision upon city and grantee.
E. 
The decision of the majority of the arbitrators, which may include assessments of damages, shall be binding upon the parties to the arbitration.
F. 
Either party may seek judicial relief to the arbitrator's decision under the following circumstances:
1. 
Either party fails to select an arbitrator;
2. 
The arbitrators fail to select a third arbitrator;
3. 
One or more arbitrators is unqualified;
4. 
Designated time limits have been exceeded;
5. 
The arbitrators have not proceeded expeditiously; or
6. 
Based upon the record, the arbitrator's decision is arbitrary, capricious, unsupported by substantial evidence, an abuse of discretion, or based upon a mistake of law.
G. 
All costs of arbitration shall be borne equally by the parties to the arbitration unless otherwise ordered by the arbitrators.
(Ord. 993 § 1, 1994)
The city may revoke the franchise only after a declaration of default has been affirmed by a written decision of the arbitrators pursuant to Section 5.6, and only for defaults by grantee arising from the following circumstances:
A. 
Material misrepresentation by grantee to city in information required to be provided under the franchise.
B. 
Wilful and substantial violation of any material term of this franchise.
(Ord. 993 § 1, 1994)
A. 
The city shall give written notice to the grantee of its intent to revoke the franchise and the lawful ground therefor. Such written notice shall include the date, time, and place for the city council meeting where the city will consider the revocation issue, and shall be given to the grantee. Notice of the city council's meeting shall also be published by the city at least once, ten days before such meeting in one newspaper of general circulation within the city.
B. 
At the designated meeting, the council shall given the grantee an opportunity to state its position on the matter, after which it shall determine whether or not the franchise shall be revoked. Grantee may appeal such determination to a court of competent jurisdiction, which shall have the power to review the decision of the council "de novo" and to modify or reverse such decision, as justice may require. Such appeal to the court must be taken within thirty days of the issuance of the determination of the council.
C. 
The council may, at its sole discretion, take any lawful action which it deems appropriate to enforce the city's rights under the franchise in lieu of revocation of the franchise.
(Ord. 993 § 1, 1994)
It is unlawful for any person to establish, operate or to carry on the business of distributing to any persons in the service area any video programming by means of a system unless a franchise therefor has first been obtained, and unless such franchise is in full force and effect.
(Ord. 993 § 1, 1994)
A. 
No person shall intercept, descramble, decode, or receive or assist in intercepting, descrambling, decoding or receiving any signals from the system unless specifically authorized to do so by grantee. "Assist in intercepting, descrambling, decoding, or receiving" includes the manufacture or distribution of equipment intended by the manufacturer or distributor (as the case may be) for unauthorized reception of signals over a system.
B. 
No person shall tamper with, remove or injure any cable, wires, or devices used with the system unless specifically authorized to do so by grantee.
C. 
No person shall intentionally deprive grantee of lawful charge for cable service.
D. 
No person shall resell grantee's cable service without grantee's expressed written consent.
E. 
Grantee may bring an action to restrain or enjoin a violation or threatened violation of this section and for damages resulting from the violation. Grantee shall be entitled to issuance of such an injunction upon a showing that a violation has occurred or will occur, without the need for demonstrating irreparable injury, inadequacy of legal remedies or probability of recovery. The court shall award the greater of five hundred dollars or triple damages and reasonable attorneys' fees to grantee if grantee prevails in an action hereunder.
F. 
A knowing violation of this section shall be punishable by a fine not to exceed five hundred dollars for each day of infraction.
G. 
If an unauthorized device designed to intercept, descramble, or decode a cable television signal is present on the premises or property occupied and used by a person, it is presumed that the person knowingly used the device to intercept, descramble, or decode cable signals. If an unauthorized cable connection is present on the premises or property occupied and used by a person, it is presumed that the person knowingly used the connection to intercept cable signals. If equipment of grantee which has been tampered with, changed, or modified is present on the premises or property occupied by a person, it is presumed that the person knowingly used the equipment to intercept, descramble, or decode cable signals.
H. 
Grantee is expressly reserved its applicable rights and remedies available in law or in equity.
(Ord. 993 § 1, 1994)
A. 
In the event that the use of any material portion of the system is discontinued for a period of twelve consecutive months, grantee shall be deemed to have abandoned that portion of the system.
B. 
Grantor, upon such terms as grantor may impose, may give grantee permission to abandon, without removing, any system facility or equipment laid, directly constructed, operator or maintained under the franchise. Unless such permission is granted or unless otherwise provided in this chapter, the grantee shall remove all abandoned facilities and equipment upon receipt of written notice from grantor and shall restore the street to its former state at the time such facilities and equipment were removed, as near as may be, so as not to impair its usefulness. In removing its plant, structures and equipment, grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles, or attachments. Grantor shall have the right to inspect and approve the condition of the public rights-of-way prior to and after removal. The liability, indemnity and insurance provisions of this chapter and the performance bond as provided herein shall continue in full force and effect during the period of removal and until full compliance by grantee with the terms and conditions of this section.
C. 
Upon abandonment of any portion of the system in place, the grantee, if required by the grantor, shall submit to the grantor an instrument, satisfactory in form to the city attorney, transferring to the grantor the ownership of the portion of the system.
D. 
At the expiration of the term for which the franchise is granted, or upon its revocation or earlier expiration, as provided for herein, in any such case without renewal, extension or transfer, the grantor shall have the right to require grantee to remove, at its own expense, all above ground portions of the cable television system from all streets and public ways within the city within a reasonable period of time, which shall not be less than one hundred eighty days, or within such reasonable additional period as may be required therefor.
E. 
Notwithstanding anything to the contrary set forth in this chapter, the grantee may abandon any underground portion of the system in place so long as it does not materially interfere with the use of the street or public rights-of-way in which such portion of the system is located. The grantee shall not be required to remove any portion of the system which has been abandoned or deemed abandoned in accordance with the provisions of this chapter unless it constitutes a substantial portion of the system.
(Ord. 993 § 1, 1994)
A. 
A franchise granted under this chapter shall, at the option of grantor, cease and terminate one hundred twenty days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty days, or unless: (1) such receivers or trustees shall have, within one hundred twenty days after their election or appointment, fully complied with all material terms and provisions of this chapter and the franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty days shall have remedied all material faults under the franchise or provided a plan for the remedy of such faults which is satisfactory to the grantor; and (2) such receivers or trustees shall, within said one hundred twenty days, execute an agreement duty approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the franchise herein granted.
B. 
In the case of a foreclosure or other judicial sale of the system, or any material part thereof, grantor may serve notice of termination upon grantee and the successful bidder at such sale, in which event the franchise herein granted and all rights and privileges of the grantee hereunder shall cease and terminate thirty days after service of such notice, unless: (1) grantor shall have approved the transfer of the franchise, as and in the manner that this chapter provides; and (2) such successful bidder shall have covenanted and agreed with grantor to assume and be bound by all terms and conditions of the franchise.
(Ord. 993 § 1, 1994)
The grantor shall have the right to waive any provision of the franchise, except those required by federal or state regulation, if the grantor determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the grantee or the subscribers.
(Ord. 993 § 1, 1994)
A. 
Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of race, religion, creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Grantee shall comply at all times with all other applicable federal and state laws and regulations, and all executive and administrative orders, relating to nondiscrimination, including without limitation Section 51 of the California Civil Code and Section 53066.2 of the Government Code.
B. 
Grantee shall adhere to the applicable equal employment opportunity requirements of the FCC and applicable state regulations, as now written or as amended from time to time.
(Ord. 993 § 1, 1994; Amended during 2009 republication)
A. 
Definitions.
"Cable operator"
means each person franchised to provide cable service over a cable system within the political jurisdiction in which the subdivision is located.
"Developer"
means each party responsible for the acquisition, ownership, construction, management, or operation of a residential subdivision.
"Easement"
means the streets, highways, alleys, rights-of-way, easements and riser paths of any subdivision which are dedicated or to be designated for public utility use, whether by formal instrument of dedication or by actual use in the delivery of utility services to residents.
"Subdivision"
means:
1. 
A real estate development;
2. 
A condominium, or cooperative, mobile home or multi-unit apartment;
3. 
Any other multiple unit dwelling.
B. 
Cable Television Access to Subdivisions.
1. 
Each cable operator has the right to use the easements of any subdivision for the construction, installation, maintenance and repair of a cable television system and for the provision of cable services to subscribers;
2. 
The developer of each subdivision for which a tentative map or parcel map is required pursuant to Section 66426 of the Government Code shall identify on the map land dedicated or to be dedicated to public utility and cable television use so as to provide a franchised cable television operator a path from which to extend cable television services to each residential parcel in the subdivision;
3. 
Each developer shall assure that each cable operator is provided timely access to:
a. 
Jointly-used trenches, at the time that the trenches are opened for utility and/or cable television installation. Access shall be provided on a cost shared basis, without discrimination among users,
b. 
Underground easements and all riser paths used for the installation of utility and/or cable television facilities. Access shall be provided prior to the paving or sealing of any pertinent road (if within the road right-of-way) and shall be offered at all other locations no later than the time of installation of telephone or cable television;
4. 
No developer shall unreasonably interfere with the free and complete exercise of a cable operator's rights hereunder, or enter into any arrangement with a third party to do so.
C. 
Procedures.
1. 
A developer shall assure delivery of reasonable advance notice to each cable operator of intended subdivision construction; and timely notice (within fourteen days) of the issuance of work permits related to use of subdivision easements by utilities or cable television;
2. 
A developer shall assure delivery to each cable operator of thirty days' advance notice of the opening of joint-use trenches by utilities and the use of underground easements and of riser paths by utilities or cable television;
3. 
No request for any governmental approval or work permit required for a subdivision shall be accepted unless accompanied by written consent of each cable operator to the adequacy of arrangements under paragraph (2) of this subsection;
4. 
All notices sent to a cable operator hereunder shall be sent registered mail, return receipt requested, to the general manager, system manager, or to the address on file with the city. No developer may omit notice without written confirmation from the city that there are no cable operators with respect to that subdivision;
5. 
If a cable operator fails to install its conduit within a shared trench within five working days of the date trenching is available, as designated in the developer's notice, the cable operator shall be responsible for all costs of reopening the trench. Separate trenches created by a cable operator for distribution plant shall be installed during any period of installation by multiple cable operators, and as contiguous as reasonably practicable to other utility trenches.
D. 
Eminent Domain. At the request of a cable operator, the franchising authority will exercise its rights of eminent domain, and take possession and title in advance of final judgment, for all rights necessary to assure the availability of that cable operator's service to residents of a subdivision or any other multi-unit development. Should the cable operator request that the franchising authority exercise its power of eminent domain, the cable operator shall be responsible for all costs and expenses, including attorneys fees and compensation to land owners, incurred by the franchising authority by virtue of its exercise of the power of eminent domain under this section.
E. 
Residents' Choice of Cable Operator.
1. 
Each resident of a subdivision shall be provided with the continuing option to receive cable service from any cable operator;
2. 
If a developer obtains or supplies cable service to residents of a subdivision on a "bulk" basis, charges to residents for such services may not be combined with any rent, fee, assessment or due. Charges for such services must be separately stated, and may not be charged at less than the developers' cost of supplying such service. If a resident in such a development elects to receive service from a cable operator which is not party to the bulk agreement, the developer shall make payment to that operator of the unit charge attributable to that resident, and the pro rata share of all other consideration provided to the party to the bulk agreement for rendering cable service;
3. 
No developer shall enter into an agreement which has the purpose or effect of interfering with a resident's or cable operator's free and complete exercise of the rights hereunder, or enter into any arrangement with a third party to do so.
F. 
Remedies. Any developer who violates this section shall be subject to a stop work order; to forfeiture of any cable franchise held by it, its affiliates, or by those with whom it has contractual arrangements; and shall be liable to an aggrieved resident or cable operator for all costs and expenses required to assure the rights afforded hereunder.
(Ord. 993 § 1, 1994)
All poles and conduits installed within the city shall be made available for attachment or use by grantee, at just and reasonable rates applied to public utilities under the formula presently established in Section 767.5 of the Public Utilities Code. If such poles or facilities are not made so available, grantee may erect its own poles.
(Ord. 993 § 1, 1994)