For the purposes of this chapter, the following terms, phrases,
words, abbreviations, and their derivations shall have the meaning
given in this section. When not inconsistent with the context, words
used in the present tense include the future tense, words in the plural
number include the singular number, and words in the singular number
include the plural number:
for the purpose of this chapter, are terms describing a system
employing antennae, microwave, wires, wave-guides, coaxial cables,
or other conductors, equipment or facilities, designed, constructed
or used for the purpose of:
Collecting and amplifying local and distant broadcast television
or radio signals and distributing and transmitting them;
Transmitting original television cablecast programming not received
through television broadcast signals;
Transmitting television pictures, film and video tape programs,
not received through broadcast television signals, whether or not
encoded or processed to permit reception by only selected receivers;
Transmitting and receiving all other signals —digital,
voice and audio-visual; provided, however, that any of the services,
permitted under this section to be performed, as described above,
shall be those performed by the grantee for subscribers, as defined
in this section, in the operation of a cable television or CATV system
franchised by the city and not otherwise, but shall not include systems
limited solely to the transmission of voice, digital, and audio visual
signals not received through broadcast over wires which are owned
by a company licensed and regulated by the Public Utilities Commission
of the state.
means the city manager, city administrator, or other designation
of the city's chief executive officer, or any designee thereof.
means the city of Crescent City, a municipal corporation
of the state of California, in its present incorporated form or in
any later reorganized, consolidated, enlarged or reincorporated form.
means the present governing body of the city or any future
board constituting the legislative body of the city.
means and includes any authorization granted under this chapter
in terms of a franchise, privilege, permit, license or otherwise to
construct, operate and maintain a cable television system within all
or a specified area in the city. Any such authorization, in whatever
form granted, shall not mean and include any license or permit required
for the privilege of transacting and carrying on a business within
the city as required by other ordinances and laws of this city.
means the person, firm or corporation granted a franchise
by the council under this chapter, and the lawful successor, transferee
or assignee of said person, firm or corporation.
means any income compensation and other consideration received
by grantee derived from any form of advertising.
means any and all compensation and other consideration received
directly or indirectly by the grantee from subscribers in payment
of the regularly furnished service of the cable television system
in the transmission of broadcast television, radio signals and original
cablecast programming of the grantee.
means any fees or income received by grantee for the lease
or rental, and compensation for any service in connection therewith,
such as studio and equipment rental and production costs, of any channel
permitted or designated by the Federal Communications Commission to
be so leased or rented.
means any and all compensation and other consideration received
directly or indirectly by the grantee from subscribers or users in
payment for the receipt of signals other than broadcast television,
radio, or original cablecast programming of the grantee, whether for
"pay television," "facsimile" transmission, "return" or "response"
communication, and whether or not transmitted, encoded or processed
to permit reception by only selected subscribers.
as used in the following categories, means any and all compensation,
in whatever form, grant, subsidy, exchange, or otherwise, directly
or indirectly received by a grantee, not including any taxes on services
furnished by the grantee imposed directly on any subscriber or user
by a city, county, state or other governmental unit, and collected
by the grantee for such entity.
means any natural person and all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partnerships,
of every kind, clubs, business or common law trusts, and societies.
means all property owned, installed, or used within the city
by a grantee in the conduct of a cable television system business
under the authority of a franchise granted pursuant to this chapter.
means the surface, the air space above the surface and the
area below the surface of any public street, other public right-of-way
or public place, including public utility easements.
means any person or entity receiving for any purpose of any
service of the grantee's cable television system including, but not
limited to, the conventional cable television system service of retransmission
of television broadcast, radio signals, grantee's original cablecasting,
and the local government, education and public access channels; and
other services, such as leasing of channels, data and facsimile transmission,
pay television, and police, fire and similar public service communication.
(Prior code § 31-101)
A.
A non-exclusive
franchise to install, construct, operate, and maintain a cable television
system on streets within all or a specific portion of the city may
be granted by the council to any person, including one operating under
an existing franchise, who or which offers to furnish and provide
such system under and pursuant to the terms of this chapter.
No provision of this chapter may be deemed or construed as to
require the granting of a franchise when in the opinion of the council
it is in the public interest to restrict the number of grantees to
one or more.
B.
When
and in the event that the grantee of any franchise granted under this
chapter used in his cable television system distribution channels
furnished to the grantee by a telephone company pursuant to tariff
or contract on file with a regulatory body having jurisdiction and
said grantee makes no use of the streets independent of such telephone
company-furnished facilities, said grantee shall be required to comply
with all of the provisions of this chapter as a "Licensee" and in
such event whenever the term "Grantee" is used in this chapter it
shall be deemed to mean and include "Licensee".
(Prior code § 31-102)
The cable television system permitted to be installed and operated
under this chapter shall:
A.
Be operationally
capable of relaying to subscriber terminals those television and radio
broadcast signals for the carriage of which the Grantee is now or
hereafter authorized by the Federal Communications Commission;
B.
Distribute
color television signals which it received in color;
C.
Provide
at least one channel, without charge, for exclusive use of the city;
D.
Provide
at least one channel each for those educational and public access
uses as now or hereafter required by the Federal Communications Commission
for systems operating in the top one hundred markets;
E.
Have
a minimum capacity of twelve channels.
(Prior code § 31-103)
The cable television system permitted to be installed and operated
under this chapter, may also engage in the business of:
A.
Transmitting
original cablecast programming not received through television broadcast
signals;
B.
Transmitting
television pictures, film and video tape programs, not received through
broadcast television signals, whether or not encoded or processed
to permit reception by only selected receivers or subscribers;
C.
Transmitting
and receiving all other signals —digital, voice and audio visual.
(Prior code § 31-103 (b))
In addition to other service regulations adopted by the council, and excepting circumstances beyond grantee's control, such as Acts of God, riots and civil disturbances, and in providing the services set forth in Sections 5.32.030 and 5.32.040, the grantee shall:
A.
Limit
system failures to minimum time duration by locating and correcting
malfunctioning promptly, but in no event longer than twenty-four hours
after occurrence, irrespective of holidays or other non-business hours.
B.
Upon
complaint by a subscriber, make a demonstration satisfactory to the
chief administrative officer that a signal is being delivered which
is of sufficient strength and quality to meet the standards set forth
in the regulations of the Federal Communications Commission, or in
regulations hereafter adopted by the council.
C.
Render
efficient service, making repairs promptly and interrupting service
only for good cause and for the shortest time possible. Planned interruptions,
insofar as possible, shall be preceded by notice given to subscribers
twenty-four hours in advance and shall occur during periods of minimum
use of the system.
D.
Maintain
an office in Del Norte County, which office shall be open during all
the usual business hours, with its toll free telephone listed in directories
of the telephone company serving the city, and be so operated that
complaints and requests for repairs or adjustments may be received
at any time, day or night, seven days a week.
E.
Maintain
a written record, or "log" listing date of customer complaints, identifying
the subscriber and describing the nature of the complaint, and when
and what action was taken by grantee in response thereto. Said record
shall be kept at grantee's local office, for the duration of said
franchise, and shall be available for inspection during regular business
hours, without further notice or demand, by the chief administrative
officer.
(Prior code § 31-103 (c))
A.
With
respect to the local government channel, the grantee shall provide,
at the request of the chief administrative officer, and upon city
reimbursement of grantee's actual cost, use of grantee's studio, equipment
and technical services for production of live and video tape municipal
programs, subject to scheduling requirements of the grantee;
B.
With
respect to the basic television services, the grantee shall provide
all subscriber services, and a tie-in connection, without cost, when
the system passes such facilities and as designated by the council,
to:
(Prior code § 31-103 (d))
A.
It is
the desire of the city that all cable television systems franchised
under this chapter shall, insofar as financially and technically possible,
be compatible one with another and with systems adjacent to the city.
B.
Wherever
it is financially and technically feasible, the grantee shall so construct,
operate and modify the system so as to tie the same into all other
systems within and adjacent to the city.
(Prior code § 31-103 (e))
Any franchise granted pursuant to the provisions of this chapter
may authorize and permit the grantee to engage in the business of
operating and providing a cable television system in the city, and
for that purpose to erect, construct, repair, replace, reconstruct,
maintain and retain in, on, over, under, upon, across and along any
street, such poles, wires, cables, conductors, ducts, conduit, vaults,
manholes, amplifiers, and appliances, attachments, and other property
as may be necessary and appurtenant to the cable television system;
and, in addition, so to use, operate and provide similar facilities
or properties rented or leased from other persons, firms or corporations,
including, but not limited to, any public utility or other grantee
franchised or permitted to do business in the city.
(Prior code § 31-103 (f))
A.
In consideration of the granting and exercise of a franchise to use the streets, as defined in Section 5.32.010, for the operation of a cable television system, any grantee shall pay to the city, during the life of the franchise the following:
B.
The
percentage payments shall be made in the manner, amounts and at times
directed in said franchise or in a council resolution fixing franchise
fees and adopting rules for service and rate regulation, but not to
exceed the limitation set forth in the Government Code Section 53066
as it now exists or is hereafter amended.
C.
The
city shall have the right to inspect the grantee's revenue records
under the franchise and the right of audit and recomputation of any
and all amounts payable under this chapter; the cost of said audit
shall be borne by grantee when the same results in increasing, by
more than two percent, the grantee's annual payment to the city.
D.
No acceptance
of any payment shall be construed as a release or as an accord and
satisfaction of any claim the city may have for further or additional
sums payable under this chapter or for the performance of any other
obligation under this chapter.
(Prior code § 31-104)
A.
The
franchise granted by the council under this chapter shall be for a
term ending June 30, 1990.
B.
The
city may terminate any franchise granted pursuant to the provisions
of this chapter in the event of the wilful failure, refusal, or neglect
by grantee to do or comply with any material requirement or limitation
contained in this chapter, or any material rule or regulation of the
council or chief administrative officer validly adopted pursuant to
this chapter. In addition, as a condition of extending the term of
the franchise from April, 1988 to June 30, 1990, the city may terminate
the franchise if the following policy conditions are not met as provided
in the Falcon Cablevision letter of May 14, 1987:
1.
Falcon
will commit to hold rates for the current services for twelve months
from the effective date of the transfer;
2.
Additional
channels will be added, new converters will be used and a number of
new optional services will be made available. Estimated costs could
be in excess of one million dollars;
3.
Falcon
will commit to begin the renewal of the franchise at the schedule
proposed by the city and county. During the renewal negotiations,
Falcon will commit to specific deadlines and upgraded technical specifications.
(Prior code § 31-105; Ord. 614, 1987)
Each application for a franchise to construct, operate, or maintain
any cable television system in this city shall be filed with the city
clerk and shall contain or be accompanied by the following:
A.
The
name, address, and telephone number of the applicant;
B.
A detailed
statement of the corporate or other business entity or organization
of the applicant, including, but not limited to, the following and
to whatever extent required by the city:
1.
The
names, residence and business addresses of all officers, directors,
and associates of the applicant,
2.
The
names, residence and business addresses of all officers, persons and
entities having, controlling, or being entitled to have or control
of five percent or more of the ownership of the applicant and the
respective ownership share of each such person or entity,
C.
The
names and addresses of any parent or subsidiary of the applicant,
namely, any other business entity owning or controlling applicant
in whole or in part or owned or controlled in whole or in part by
the applicant, and a statement describing the nature of any such parent
or subsidiary business entity, including, but not limited to, cable
television systems owned or controlled by the applicant, its parent
and subsidiary and the areas served thereby;
D.
A detailed
description of all previous experience of the applicant in providing
cable television system service and in related or similar fields;
E.
A detailed
and complete financial statement of the applicant, prepared by a certified
public accountant, for the fiscal year next preceding the date of
the application under this section, or a letter or other acceptable
evidence in writing from a recognized lending institution or funding
source, addressed to both the applicant and the council, setting forth
the basis for a study performed by such lending institution or funding
source, and a clear statement of its intent as a lending institution
or funding source to provide whatever capital shall be required by
the applicant to construct and operate the proposed system in the
city, or a statement from a certified public accountant, certifying
that the applicant has available sufficient free, net and uncommitted
cash resources to construct and operate the proposed system in this
city;
F.
A statement
identifying, by place and date, any other cable television franchise(s)
awarded to the applicant, its parent or subsidiary; the status of
said franchise(s) with respect to completion thereof; the total cost
of completion of such system(s); and the amount of applicant's and
its parent's or subsidiary's resources committed to the completion
thereof.
(Prior code § 31-106(a))
A detailed description of the proposed plan of operation of
the applicant shall be required which shall include, but not be limited
to, the following:
A.
A detailed
map indicating all areas proposed to be served, and a proposed time
schedule for the installation of all equipment necessary to become
operational throughout the entire area to be served;
B.
A statement
or schedule setting forth all proposed classifications of rates and
charges to be made against subscribers and all rates and charges as
to each of said classifications, including installation charges and
service charges;
C.
A detailed,
informative, and referenced statement describing the actual equipment
and operational standards proposed by the applicant. In no event shall
said operational and performance standards be less than those contained
in Title 47, Subpart K (Sections 76.601 et seq.), Rules and Regulations,
Federal Communications Commission, adopted February 2, 1972, and as
amended;
D.
A copy
of the form of any agreement, undertaking, or other instrument proposed
to be entered into between the applicant and any subscriber;
E.
A detailed
statement setting forth in its entirety any and all agreements and
undertakings, whether formal or informal, written, oral, or implied,
existing or proposed to exist between the applicant and any person,
firm, or corporation which materially relate or pertain to or depend
upon the application and the granting of the franchise.
(Prior code § 31-106(b))
A copy of any agreement covering the franchise area shall be
required, if existing between the applicant and any public utility
subject to regulation by the California Public Utilities Commission
providing for the use of any facilities of the public utility, including,
but not limited to, poles, lines, or conduits.
(Prior code § 31-106(c))
Any other details, statements, information or references pertinent
to the subject matter of such application which shall be required
or requested by the council, or by any provision of any other ordinance
of the city (and of its charter).
(Prior code § 31-106(d))
An application fee in the sum of one hundred dollars, which
shall be in the form of cash, certified or cashier's check, or money
order, to pay the costs of studying, investigating, and otherwise
processing such application, and which shall be in consideration thereof
and not returnable or refundable in whole or in part, except to the
extent that such fee exceeds the actual costs incurred by the city
in studying, investigating and otherwise processing the application;
provided, that any applicant who shall deliver to the city clerk a
written withdrawal of or cancellation of any application under this
chapter, not later than the seventh day next following the day such
application is received by the city clerk, shall be entitled to have
returned and refunded the sum of one hundred dollars, less any actual
costs or expenses incurred by the city by reason of such application.
(Prior code § 31-106(e))
The council may, by advertisement or any other means, solicit
and call for applications for cable television system franchises,
and may determine and fix any date upon or after which the same shall
be received by the city, or the date before which the same must be
received, or the date after which the same shall not be received,
and may make any other determinations and specify any other times,
terms, conditions, or limitations respecting the soliciting, calling
for, making and receiving of such applications. The grantee shall
pay to the city a sum of money sufficient to reimburse it for all
publication expenses incurred by it in connection with the granting
of a franchise pursuant to the provisions of this chapter. Such payment
shall be made within thirty days after the city furnishes the grantee
with a written statement of such expenses.
(Prior code § 31-106(f))
Upon receipt of any application for franchise, the council shall
refer the same to the chief administrative officer who shall prepare
a report and make his recommendations respecting such application,
and cause the same to be completed and filed with the council within
thirty days.
(Prior code § 31-106(g))
In making any determination under this chapter as to any application
the council may give due consideration to the quality of the service
proposed. rates to subscriber, income to the city, experience, character,
background, and financial responsibility of any applicant, and its
management and owners, technical and performance quality of equipment,
willingness and ability to meet construction and physical requirements,
and to abide by policy conditions, franchise limitations and requirements,
and any other consideration deemed pertinent by the council for safeguarding
the interests of the city and the public. The council, in its discretion,
shall determine the award of any franchise on the basis of such considerations
and without competitive bidding. If the council shall determine to
reject such application, such determination shall be final and conclusive,
and the same shall be deemed rejected.
(Prior code § 31-106(h))
If the council shall determine to further consider the application,
the following shall be done:
A.
The
council shall decide and specify the terms and conditions of any franchise
to be granted under this chapter and as herein provided.
B.
The
council shall pass its resolution of intention to consider the granting
of such a franchise, giving notice of receipt of the application and
describing the character of the franchise desired, stating the name
of the proposed grantee, the character of the franchise, the terms
and conditions upon which such franchise is proposed to be granted,
that copies of the proposed franchise may be obtained at the office
of the city clerk, fixing and setting forth a day, hour, and place
certain when and where any persons having any interest therein or
objection to the granting thereof may file written protests and appear
before the council and be heard, and directing the city clerk to publish
said resolution at least once within ten days of the passage thereof
in a newspaper of general circulation within the city.
(Prior code § 31-106(i))
At the time set for the hearing, or at any adjournment thereof
the council shall proceed to hear all written protests. Thereafter,
the council shall make one of the following determinations:
A.
That
such franchise be denied; or
B.
That
such franchise be granted upon the terms and conditions as specified
in the resolution of intention to grant the same; or
C.
That
such franchise be granted, but upon the terms and conditions different
from those specified in the resolution of intention to grant the same.
(Prior code § 31-106(j))
A.
If the
council shall determine that a franchise be denied such determination
shall be expressed by resolution and shall be final and conclusive.
B.
If the
council shall determine that a franchise be granted upon the terms
and conditions as specified in the resolution of intention to consider
granting the same, such determination shall be expressed by ordinance
granting a franchise to the applicant.
C.
If the
council shall determine upon granting a franchise upon terms and conditions
different from those specified in the resolution of intention to consider
granting the same, then such determination shall be expressed by resolution
adopted prior to granting a franchise by ordinance.
(Prior code § 31-106(k))
Upon being granted a franchise, and upon the filing of the acceptance required under Section 5.32.270, the grantee shall file with the city clerk and shall thereafter, annually, during the entire term of such franchise, maintain in full force and effect a corporate surety bond or other adequate surety agreement in such amount and kind as shall have been approved by the council. The bond or agreement shall be so conditioned that in the event that grantee shall fail to comply with any one or more of the provisions of this chapter or of such franchise, then there shall be recoverable jointly and severally from the principal and surety any damages or loss, or costs suffered or incurred by the city as a result thereof, including attorneys' fees and costs of any action or proceeding and including the full amount of any compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until grantee shall have satisfied in full any and all obligations to the city which arise out of or pertain to said franchise. Neither the provisions of this section and Sections 5.32.230 through 5.32 260, nor any bond accepted by the city pursuant to this chapter, nor any damages recovered by the city thereunder shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued pursuant to this chapter or for damages either to the full amount of the bond, or otherwise.
(Prior code § 31-107 (a))
Upon being granted a franchise, and upon filing of the acceptance required under Section 5.32.270, the grantee shall file, annually, with the city clerk and shall thereafter during the entire term of said franchise maintain in full force and effect a corporate surety bond, or other adequate surety agreement, in the amount as shall be approved by the council. The bond or agreement shall be so conditioned that in the event such grantee shall fail to comply with any one or more of the provisions of any agreement or undertaking made between grantee and any subscriber, then there shall be recoverable jointly and severally from the principal and surety any damages or costs suffered or incurred by any subscriber as a result thereof, including reasonable attorneys' fees and costs of any action or proceeding. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until grantee shall have satisfied in full any and all obligations to any subscriber which arise out of or pertain to any such agreement or undertaking.
(Prior code § 31-107(b))
Grantee shall indemnify and hold harmless the city, its officers,
boards, commissions, agents, and employees, against and from any and
all claims, demands, causes of actions, actions, suits, proceedings,
damages (including, but not limited to, damages to city property and
damages arising out of copyright infringements, and damages arising
out of any failure by grantee to secure consents from the owners,
authorized distributors or licenses of programs to be delivered by
grantee's cable television system). Costs or liabilities (including
costs or liabilities of the city with respect to its employees), of
every kind and nature whatsoever, including, but not limited to, damages
for injury or death or damage to person or property, and regardless
of the merit of any of the same, and against all liability to others,
and against any loss, cost, and expense resulting or arising out of
any of the same, including any attorney fees, accountant fees, expert
witness or consultant fees, court costs, per diem expense, traveling
and transportation expense, or other costs or expense arising out
of or pertaining to the exercise or the enjoyment of any franchise
hereunder by grantee, or the granting thereof by the city.
(Prior code § 31-107 (c))
A.
Grantee
shall at the sole risk and expense of grantee, upon demand of the
city, made by and through the city attorney, appear in and defend
any and all suits, actions, or other legal proceedings, whether judicial,
quasi-judicial, administrative, legislative, or otherwise, brought
or instituted or had by third persons or duly constituted authorities,
against or affecting the city, its officers, boards, commissions,
agents, or employees, and arising out of or pertaining to the exercise
or the enjoyment of such franchise, or the granting thereof by the
city.
B.
Grantee
shall pay and satisfy and shall cause to be paid and satisfy any judgment,
decree, order, directive, or demand rendered, made or issued against
grantee, the city, its officers, boards, commissions, agents, or employees
in any of these premises; and such indemnity shall exist and continue
without reference to or limitation by the amount of any bond, policy
of insurance, deposit, undertaking or other assurance required under
this chapter, or otherwise; provided, that neither grantee nor city
shall make or enter into any compromise or settlement of any claim,
demand, cause of action, action, suit, or other proceeding, without
first obtaining the written consent of the other.
(Prior code § 31-1 07 (d))
Upon being granted a franchise, and upon the filing of the acceptance required under Section 5.32.270, the grantee shall file with the city clerk and shall thereafter during the entire term of such franchise maintain in full force and effect at its own cost and expense policies of insurance in amounts to be established by the council upon granting the franchise; provided, however:
A.
The
city shall be named as an additional insured in any of said insurance
policies; and
B.
Where
such insurance is provided by a policy which covers grantee or any
other entity or person, it shall contain the standard cross-liability
endorsement.
(Prior code § 31-107 (e))
A.
No franchise
granted under this chapter shall become effective for any purpose
unless and until written acceptance thereof shall have been filed
with the city clerk. Written acceptance, which shall be in the form
and substance approved by the city attorney, shall also be and operate
as an acceptance of each and every term and condition and limitation
contained in this chapter, or in such franchise, or otherwise specified
as provided in this chapter.
B.
The
written acceptance shall be filed by the grantee not later than 12:01
p.m. of the fortieth day next following the effective date of the
ordinance granting such franchise.
C.
In default
of the filing of such written acceptance as required in this section,
the grantee shall be deemed to have rejected and repudiated the franchise.
Thereafter, the acceptance of the grantee shall not be received nor
filed by the city clerk. The grantee shall have no rights, remedies,
or redress in the premises, unless and until the council, by resolution,
shall determine that such acceptance be received or filed, and then
upon such terms and conditions as the council may impose.
D.
In any
case, and in any instance, all rights, remedies and redress in these
premises which may or shall be available to the city, shall at all
times be available to the city, and shall be preserved and maintained
and shall continuously exist in and to the city, and shall not be
in any manner or means modified, abridged, altered, restricted, or
impaired by reason of any of these premises, or otherwise.
E.
Any
franchise granted and accepted under this chapter shall be in lieu
of any and all other rights, privileges, powers, immunities, and authorities
owned, possessed, controlled, or exercisable by- the grantee, of or
pertaining to the construction, operation, or maintenance of any cable
television systems in the city.
(Prior code § 31-108)
Every franchise granted under this chapter shall be nonexclusive.
(Prior code § 31-109(a))
No privilege or exemption shall be granted or conferred by any
franchise granted under this chapter except those specifically prescribed
in this chapter.
(Prior code § 31-109(b))
Any privilege claimed under any such franchise by the grantee
in any street or other public property shall be subordinate to any
prior lawful occupancy of the streets or other public property.
(Prior code § 31-109(c))
Any such franchise shall be a privilege to be held in personal
trust by the original grantee. It cannot in any event be sold, transferred,
leased, assigned or disposed of, in whole or in part, either by forced
or involuntary sale, or by voluntary sale, merger, consolidation or
otherwise, without prior consent of the council expressed by resolution,
and then only under such conditions as may therein be prescribed.
Any such transfer or assignment shall be made only by an instrument
in writing, such as a bill of sale, or similar document, a duly executed
copy of which shall be filed in the office of the city clerk within
thirty days after any such transfer or assignment. The consent of
the council may not be unreasonably refused; provided, however, the
proposed assignee must show financial responsibility as determined
by the council and must agree to comply with all provisions of this
chapter; and provided further, that no such consent shall be required
for a transfer in trust, mortgage, or other hypothecation, in whole
or in part, to secure an indebtedness, except that when such hypothecation
shall exceed fifty percent of the market value of the property used
by the franchisee in the conduct of the cable television system, prior
consent of the council shall be required for such a transfer. Such
consent shall not be withheld unreasonably.
In the event that grantee is a corporation, prior approval of
the city council, expressed by ordinance, shall be required where
there is an actual change in control or where ownership of more than
fifty percent of the voting stock of grantee is acquired by a person
or group of persons acting in concert, none of whom already own fifty
percent or more of the voting stock, singly or collectively.
Any such acquisition or attempted transfer occurring without
prior approval of the city council shall constitute a failure to comply
with a provision of this chapter within the meaning of Section 5 of
the ordinance codified in this chapter.
(Prior code 31-109(d))
Time shall be of the essence of any such franchise granted under
this chapter. The grantee shall not be relieved of his obligation
to comply promptly with any of the provisions of this chapter by any
failure of the city to enforce prompt compliance.
(Prior code § 31-109(e))
Any right or power in, or duty impressed upon, any officer,
employee, department, or board of the city shall be subject to transfer
by the city to any other officer, employee, department, or board of
the city.
(Prior code § 31-109(f))
The grantee shall have no recourse whatsoever against the city
for any loss, cost, expense, or damage arising out of any provision
or requirement of this chapter or of any franchise issued under this
chapter or because of its enforcement.
(Prior code § 31-109(g))
The grantee shall be subject to all requirements of city law,
rules, regulations, and specifications heretofore or hereafter enacted
or established.
(Prior code § 31-109(h))
Any such franchise granted shall not relieve the grantee of
any obligations involved in obtaining pole or conduit space from any
department of the city, utility company, or from others maintaining
utilities in streets.
(Prior code § 31-109(i))
Any franchise granted under this chapter, shall be in lieu of
any and all other rights, privileges, powers, immunities, and authorities
owned, possessed, controlled, or exercisable by grantee, or any successor
to any interest of grantee, of or pertaining to the construction,
operation, or maintenance of any cable television system in the city;
and the acceptance of any franchise under this chapter shall operate,
as between grantee and the city, as an abandonment of any and all
of such rights, privileges, powers, immunities, and authorities within
the city, to the effect that, as between grantee and the city, and
all construction, operation and maintenance by any grantee of any
cable television system in the city shall be, and shall be deemed
and construed in all instances and respects to be, under and pursuant
to said franchise, and not under or pursuant to any other right, privilege,
power, immunity, or authority whatsoever.
(Prior code § 31-109(j))
Nothing in this chapter shall be deemed or construed to impair
or affect, in any way, to any extent, the right of the city to acquire
the property of the grantee, either by purchase or through the exercise
of the right of eminent domain, at a fair and just value, which shall
not include any amount for the franchise itself or for any of the
rights or privileges granted, and nothing contained in this chapter
shall be construed to contract away or to modify or abridge, whether
for a term or in perpetuity, the city's right of eminent domain.
(Prior code § 31-110(a))
There is reserved to the city every right and power which is
required to be reserved in this chapter or provided by any law, and
the grantee, by its acceptance of the franchise, agrees to be bound
thereby and to comply with any action or requirements of the city
in its exercise of such rights or power, heretofore or hereafter enacted
or established.
(Prior code § 31-110(b))
There is reserved to the city the power to amend any section
of this chapter so as to require additional or greater standards of
construction, operation, maintenance or otherwise, on the part of
the grantee to reflect technical and economic changes occurring during
the franchise term, and to enable the city and the grantee to take
advantage of new developments in the cable television industry so
as to more effectively, efficiently and economically serve the public.
(Prior code § 31-110(c))
Neither the granting of any franchise nor any provision of this
chapter shall constitute a waiver or bar to the exercise of any governmental
right or power of the city.
(Prior code § 31-110(d))
The council may do all things which are necessary and convenient
in the exercise of its jurisdiction under this chapter and may determine
any question of fact which may arise during the existence of any franchise
granted under this chapter. The chief administrative officer, with
the approval of the city attorney, is authorized and empowered to
adjust, settle, or compromise any controversy or charge arising from
the operations of any grantee under this chapter, either on behalf
of the city, the grantee, or any subscriber, in the best interest
of the public. Either the grantee or any member of the public who
may be dissatisfied with the decision of the chief administrative
officer may appeal the matter to the council for hearing and determination.
The council may accept, reject or modify the decision of the chief
administrative officer, and the council may adjust, settle or compromise
any controversy or cancel any charge arising from the operation of
the grantee or from any provisions of this chapter.
(Prior code § 31-110(e))
Prior to receiving any applications for franchises, the council
may adopt rules, regulations and standards governing the operation
of cable television systems in the city. Such rules, regulations and
standards shall apply to and shall govern the operations of the grantee
of any franchise under this chapter, and are expressly declared a
part of any franchise under this chapter.
(Prior code § 31-111(a)(1))
Rules, regulations and standards not adopted prior to receiving
any application for a franchise shall be adopted by the council at
the first regular meeting of the council next following the effective
date of the ordinance codified in this chapter, by resolution which
shall become effective upon adoption and shall be applicable to any
application for a franchise previously received.
(Prior code § 31-111(a)(2))
The standards adopted shall govern the engineering, construction,
installation, service, and maintenance of all cable television systems
in the city, including, but not limited to, standards governing carrier
levels, signal-to-noise ratios, hum modulation, distortion levels,
channel interactions and inter-reactions.
(Prior code § 31-111(a)(3))
A.
Provided
the standards do not materially alter the content of the franchise
without consent of the grantee, the council may at any time adopt
new rules or regulations or standards, or may amend, modify, delete,
or otherwise change its respective rules or regulations previously
adopted, in the following manner: The council shall pass its resolution
of intention stating or describing the rules or regulations or standards
to be adopted, amended, modified, deleted, or otherwise changed, and
fixing and setting forth a day, hour, and place certain when and where
any persons having any interest therein or objection thereto may appeal
before the council and be heard.
B.
Such
resolution shall direct the city clerk to publish the same at least
once within ten days of the passage thereof in a newspaper of general
circulation within the city, and to mail a copy of the same to any
grantee or applicant for a franchise, not more than thirty days nor
less than fifteen days prior to the time fixed for hearing thereon.
C.
At the
time set for such hearing, or at any adjournment thereof the council
shall proceed to hear and pass upon such comments as may be presented.
Thereafter, the council, by its resolution, may adopt, amend, modify,
delete, or otherwise change its respective rules, regulations and
standards. Such determination by the council shall be final and conclusive.
D.
Any
rule or regulation or standard as adopted, amended, modified, deleted,
or otherwise changed by the council shall become effective upon the
tenth day following the adoption of such resolution unless a longer
period shall be otherwise provided in such resolution.
(Prior code § 31-111(a)(4))
A.
Prior
to granting any franchise under this chapter the council, by resolution,
shall establish and fix all rates and charges for the basic service,
therein defined, allowable to grantee, such as:
B.
Once
established, such rates or charges shall not be changed at any time
after granting of a franchise, except after due notice and hearing
as provided in this chapter.
(Prior code § 31-111(b)(1))
Rates and charges for services, other than the basic service, shall also be approved by the council by resolution, after due notice and hearing as provided in Section 5.32.490.
(Prior code § 31-111(b)(2))
In connection with any proposed change of any rates or charges
of grantee to subscribers initiated by grantee, or the approval of
rates for additional services, at any time after the granting of a
franchise, the council may direct the chief administrative officer
of the city to conduct a preliminary hearing into the matter. If so
directed by the council, the chief administrative officer shall issue
his written notice fixing and setting forth the day, hour, and place
certain when and where any persons having any interest therein may
appeal and be heard. The city clerk shall cause such notice to be
published in a newspaper of general circulation within the city. The
city clerk also shall cause a copy of such notice to be mailed to
any grantee at least ten days prior to the date specified for the
hearing. At the time set for such hearing, or at any adjournment thereof,
the chief administrative officer shall proceed to hear the matter.
Following the close of such hearing, the chief administrative officer
shall prepare and file with the city council his report of the hearing,
his findings and an opinion containing his recommendations and the
reasons therefor. After the expiration of ten days following receipt
of the chief administrative officer's report and opinion, and if no
objection has been filed thereto, the council shall determine whether
to adopt the opinion or to hold a further hearing, and shall pass
its resolution of intention to do so, describing and stating any rates
or charges to be changed, the reasons of the council therefor, fixing
and setting forth a day, hour, and place certain when and where any
persons having any interest therein may appeal before the council
and be heard. Such resolution shall direct the city clerk to publish
the same resolution at least once within ten days of the passage thereof
in a newspaper of general circulation within the city. The city clerk
also shall cause a copy of such resolution to be mailed to the grantee
at least ten days prior to the date specified for hearing thereon.
At the time set for any further hearing, or at any adjournment
thereof, the council shall proceed to hear the matter.
If upon receipt of report and opinion, and the expiration of
said ten days without objection, or following the holding of a further
hearing, if the council determines to do so, the council shall find
that the changing of any rates or charges of grantee to subscribers
will be fair to the system operator and not detrimental or injurious
to the best interests and welfare of the subscribers and users, and
of the city, then the council, by resolution, shall authorize the
change of rates or charges of grantee to subscribers and users as
determined. Such resolution shall thereupon become and shall be a
part of any franchise granted under this chapter and affected thereby.
(Prior code § 31-111(b)(3))
Neither the council nor the grantee shall, as to rates, charges,
service, service facilities, rules, regulations, or in any other respect,
make or grant any preference or advantage to any person.
(Prior code § 31-111(b)(4))
A.
Within
thirty days after acceptance of any franchise, the grantee shall proceed
with due diligence to obtain all necessary permits and authorizations
which are required in the conduct of its business, including, but
not limited to, any utility joint use attachment agreements, microwave
carrier licenses, and any other permits, licenses and authorizations
to be granted by duly constituted regulatory agencies having jurisdiction
over the operation of cable television systems, or associated microwave
transmission facilities.
B.
In connection
therewith, copies of all petitions, applications and communications
submitted by the grantee to the Federal Communications Commission,
Securities and Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction in respect to
any matters affecting grantee's cable television operations, shall
also be submitted simultaneously to the chief administrative officer.
(Prior code § 31-112 (a))
Within ninety days after obtaining all necessary permits, licenses
and authorizations, including right of access to poles and conduits,
grantee shall commence construction and installation of the cable
television system.
(Prior code § 31-112 (b))
Within one hundred eighty days after the commencement of construction
and installation of the system, grantee shall proceed to render service
to subscribers, and the completion of the installation and construction
shall be pursued with reasonable diligence thereafter, so that service
to all of the areas designated and scheduled on the map and plan of
construction made part of the franchise shall be provided as set forth
therein.
(Prior code § 31-112 (c))
Failure on the part of the grantee to commence and diligently
pursue each of the foregoing requirements and to complete each of
the matters set forth in this chapter, shall be grounds for termination
of such franchise. By resolution, the council, in its discretion,
may extend the time for the commencement and completion of installation
and construction for additional periods in the event the grantee acting
in good faith, experiences delays by reason of circumstances beyond
his control.
By acceptance of the franchise granted under this chapter, grantee agrees that failure to comply with any time requirements referred to in Sections 5.32.510 and 5.32.530 will result in damage to the city, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay; and grantee therefor agrees that, in addition to any other damage suffered by city, he or she will pay to city the sum of twenty-five dollars per day for each and every day's delay beyond the time prescribed, plus authorized extensions thereof, for completion of any of the acts required to be done by this section.
(Prior code § 31-112 (d))
A.
Grantee
shall utilize existing poles, conduits, and other facilities whenever
possible, and shall not construct or install any new, different, or
additional poles, conduits, or other facilities whether on public
property or on privately-owned property unless and until first securing
the written approval of the chief administrative officer.
B.
Whenever
grantee shall not utilize existing poles, conduits and other facilities,
or whenever existing conduits and other facilities shall be located
beneath the surface of the streets, or whenever the city shall undertake
a program designed to cause all conduits and other facilities to be
located beneath the surface of the streets in any area or throughout
the city, in the exercise of its police power or pursuant to the terms
of this chapter, upon reasonable notice to grantee, any such conduits
or other facilities of grantee shall be constructed, installed, placed,
or replaced beneath the surface of the streets. Any construction,
installation, placement, or changes which may be so required shall
be made at the expense of grantee, whose costs shall be determined
as in the case of public utilities.
(Prior code § 31-112 (e))
The city shall have the right, free of charge, to make additional
use, for any public or municipal purpose, whether governmental or
proprietary, of any poles, conduits, or other similar facilities erected,
controlled, or maintained exclusively by or for grantee in any street;
provided such use by city does not interfere with the use by grantee.
(Prior code § 31-112 (f))
In those areas of the city where the transmission or distribution
facilities of the respective public utilities providing telephone,
communication and electric services are underground, or hereafter
placed underground, the grantee likewise shall construct, operate
and maintain all of his transmission and distribution facilities underground.
"Underground" includes a partial underground system; provided, that
upon obtaining the written approval of the chief administrative officer,
amplifiers in the grantee's transmission and distribution lines may
be placed in appropriate housing upon the surface of the ground.
(Prior code § 31-112 (g))
The grantee at his expense shall protect, support, temporarily
disconnect, relocate, or remove any property of grantee when, in the
opinion of the chief administrative officer the same is required by
reason of traffic conditions, public safety, street vacation, freeway
or street construction, change or establishment of street grade, installation
of sewers, drains, waterpipes, power line, signal line, transportation
facilities, tracks, or any other types of structure or improvements
by governmental agencies whether acting in a governmental or a proprietary
capacity, or any other structure or public improvement, including
but not limited to movement of buildings, urban renewal and development,
and any general program under which the city shall undertake to cause
all such properties to be located beneath the surface of the ground.
The grantee shall in all cases have the privilege, subject to the
corresponding obligations, to abandon any property of grantee in place,
as herein provided. Nothing hereunder shall be deemed a taking of
the property of grantee, and grantee shall be entitled to no surcharge
by reason of anything hereunder.
(Prior code § 31-112 (h))
Upon the failure, refusal, or neglect of grantee to cause any
work or other act required by law or under this chapter to be properly
completed in, on, over, or under any street within any time prescribed
therefor, or upon notice given, where no time is prescribed, the chief
administrative officer may cause such work or other act to be completed
in whole or in part, and upon so doing shall submit to grantee an
itemized statement of the costs thereof. The grantee shall, within
thirty days after receipt of such statement, pay to the city the entire
amount thereof.
(Prior code § 31-112 (i))
In the event that:
A.
The
use of any part of the system of grantee is discontinued for any reason
for a continuous period of thirty days, without prior written notice
to and approval by the city; or any part of such system has been installed
in any street or other area without complying with the requirements
of this chapter, or any franchise shall be terminated, cancelled,
or shall expire, then the grantee shall, at the option of the city,
and at the expense of grantee and at no expense to the city, and upon
demand of the city, promptly remove from any streets or other area
all property of grantee, and grantee shall promptly restore the street
or other area from which such property has been removed to such condition
as the chief administrative officer shall approve.
B.
The
council may, upon written application therefor by grantee, approve
the abandonment of any of such property in place by grantee and under
such terms and conditions as the council may prescribe. Upon abandonment
of any such property in place, grantee shall cause to be executed,
acknowledged, and delivered to the city such instruments as the city
attorney shall prescribe and approve, transferring and conveying the
ownership of such property to the city.
(Prior code § 31-112 (j))
A franchise granted to provide service within the city shall
authorize and permit the grantee to solicit, sell, distribute, and
make a charge to subscribers within the city for connection to cable
television system of grantee, and shall also authorize and permit
the grantee to traverse any portion of the city in order to provide
service outside the city.
(Prior code § 31-113 (a))
A franchise, easement, license or other permit granted to anyone
other than the grantee to traverse any portion of the city in order
to provide service outside the city shall not authorize nor permit
said person to solicit, sell, distribute, or make any charge to subscribers
within the city, nor to render any service or connect any subscriber
within the city to the cable television system of grantee.
(Prior code § 31-113 (b))
No franchise granted under this chapter shall ever be given
any value by any court or other authority, public or private, in any
proceeding of any nature or character, wherein or whereby the city
shall be a party or affected therein or thereby.
(Prior code § 31-113 (c))
A.
Grantee
shall be subject to all provisions of the other ordinances, rules,
regulations, and specifications of the city heretofore or hereafter
adopted, including, but not limited to, those pertaining to works
and activities in, on, over, under and about streets. Any privilege
claimed under any franchise granted pursuant to this chapter in any
street or other public property shall be subordinate to any prior
lawful occupancy of the streets or other public property.
B.
Grantee
also shall be subject to the provisions of general laws of the state,
or as hereafter amended, when applicable to the exercise of any privilege
contained in any franchise granted under this chapter, including,
but not limited to, those pertaining to works and activities in and
about state highways.
(Prior code § 31-113 (d))
Grantee shall be prohibited from directly or indirectly doing
any of the following:
A.
Engaging
in the business of selling at retail, leasing, renting, repairing
or servicing of television sets or radios;
B.
Imposing
a fee or charge for any service or repair to subscriber-owned receiving
devices except for the connection of its service or for the determination
by grantee of the quality of its signal to the recipients thereof;
C.
Soliciting,
referring, or causing or permitting the solicitation or referral of
any subscriber to persons engaged in any business herein prohibited
to be engaged in by grantee.
D.
Providing
information concerning the viewing patterns of identifiable individual
subscribers to any person, group or organization for any purpose.
(Prior code § 31-113 (e))
If the Federal Communications Commission or the Public Utilities
Commission of the state or any other federal or state body or agency
shall now or hereafter exercise any paramount jurisdiction over the
subject matter of any franchise granted under this chapter, then to
the extent such jurisdiction shall preempt or preclude the exercise
of like jurisdiction by the city the jurisdiction of the city shall
cease and no longer exist. The preemption or preclusion of the exercise
by the city or any of its police power shall not diminish, impair,
alter, or affect any contractual benefit to the city or grantee nor
any contractual obligation of the grantee under any franchise issued
under this chapter. Any and all minimum standards governing the operation
of grantee and any and all maximum rates, ratios, and charges specified
in this chapter or in any franchise issued under this chapter, existing
now and at any time in the future, including such time as any paramount
jurisdiction shall preempt or preclude that of the city, and any and
all rights, powers, privileges, and authorities of the city to determine,
establish, or fix any of the same, are each and all declared by the
city and by any grantee accepting any franchise under this chapter
to be contractual in nature and to be for the benefit of the city.
(Prior code § 31-113 (f))
When not otherwise prescribed in this chapter, all matters in
this chapter required to be filed with the city shall be filed with
the city clerk.
(Prior code § 31-113 (g))
No person, firm or corporation within the service area of the
grantee, and where trunk lines are in place, shall be refused service;
provided, however, that the grantee shall not be required to provide
service to any subscriber who does not pay the applicable connection
fee or service charge.
(Prior code § 31-113 (h))
Before providing cable television service to any subscriber,
the grantee shall provide a written notice to the subscriber substantially
as follows:
"Subscriber is hereby notified that in providing cable television
service the grantee is making use of public rights-of-way within the
City of Crescent City and that the continued use of such rights-of-way
is in no way guaranteed. In the event the continued use of such rights-of-way
is denied to Grantee for any reason, Grantee will make every reasonable
effort to provide service over alternate routes. By accepting cable
television service, subscriber agrees he or she will make no claim
nor undertake any action against the City of Crescent City, its officers,
or its employees if the service to be provided hereunder is interrupted
or discontinued."
(Prior code § 31-113 (i))
The form of the grantee's contract with the subscriber shall
also be subject to approval of the city.
(Prior code § 31-113 (j))
From and after the effective date of the ordinance codified
in this chapter, it is unlawful and a public nuisance for any person
to construct, install or maintain within any public street in the
city, or within any other public property of the city, or within any
privately-owned area within the city which has not yet become a public
street but is designated or delineated as a proposed public street
on any tentative subdivision map approved by the city, any equipment
or facilities for distributing any television signals or radio signals
through a cable television system, unless a franchise authorizing
such use of such street or property or area has first been obtained
pursuant to the provisions of this chapter, and unless such franchise
is in full force and effect.
(Prior code § 31-114)
A.
Purposes
and Implementation. It is the purpose of this section to implement
within the jurisdictional boundaries of the city of Crescent City
the provisions of the Digital Infrastructure and Video Competition
Act of 2006, Assembly Bill 2987 (Ch. 700, Stats. 2006), codified at
Public Utilities Code Sections 5800, et seq. (the "Act"), and the
rules of the California Public Utilities Commission promulgated thereunder
that are applicable to a "local franchising entity" or a "local entity"
as defined in Sections 5830(h) and 5830(k) of the California Public
Utilities Code, respectively. Consistent with that purpose, the provisions
of this section are to be construed in a manner that is consistent
with the California Public Utilities Code and the applicable rules
of the commission promulgated thereunder.
B.
Franchise
Fee.
1.
The
franchise fee established within the city for cable franchises is
five percent of gross revenues. Every state franchisee operating within
the jurisdictional boundaries of the city shall pay a franchise fee
to the city in the amount of five percent of that state franchisee's
gross revenues derived from the operation of its network to provide
cable or video services within the city.
2.
For
purposes of this section, "gross revenue" shall have the meaning set
forth in Section 5860 of the California Public Utilities Code.
3.
A
state franchisee shall remit the franchise fee to the city quarterly,
within forty-five days after the end of the quarter for that calendar
quarter. Each payment shall be accompanied by a summary explaining
the basis for the calculation of the franchise fee. If the state franchisee
does not pay the franchise fee when due, the state franchisee shall
pay a late payment charge at a rate per year equal to the highest
prime lending rate during the period of delinquency, plus one percent.
If the state franchisee has overpaid the franchise fee, it may deduct
the overpayment from its next quarterly payment.
C.
PEG
Channels.
1.
The current cable franchise designates one channel for public, educational and government (PEG) programming, with additional channels up to three available to the city. Local franchisees and holders of state franchises under the Act shall provide one PEG channel, with additional channels, up to three PEG Channels, upon city's written request, subject to the provisions of subsection 3, below, and the Act.
2.
All
state franchisees shall comply with the provisions of the Act related
to PEG channels. Without limiting the foregoing, the PEG channels
shall all be carried on the basic service tier. To the extent feasible,
the PEG channels shall not be separated numerically from other channels
carried on the basic service tier and the channel numbers for the
PEG channels shall be the same channel numbers used by the incumbent
cable operator unless prohibited by federal law and shall provide
picture and sound quality and channel accessibility and location equal
to, or substantially equal to, that provided by the incumbent cable
providers. After the initial designation of PEG channel numbers, the
channel numbers shall not be changed without the agreement of the
local entity unless the change is required by federal law.
3.
A
state franchise holder shall have three months from the date the city
requests the PEG channels to designate the capacity. However, the
three-month period shall be tolled by any period during which the
designation or provision of PEG channel capacity is technically infeasible,
including any failure or delay of the incumbent cable operator to
take adequate interconnection available, as required by the Act. Any
state franchise holder who believes that the designation or provision
of PEG channel capacity is technically infeasible, shall provide to
the city, in writing, its reasons therefor and its plan for correcting
or solving the infeasibility. The city may hold a hearing on the claim
of infeasibility and, thereafter, take such action as the city deems
proper to require the designation and provision of the PEG channels
on the state franchise holder's system.
D.
PEG
Channel Facilities Fee and Payments. All state franchise holders operating
within the city shall pay to the city a PEG fee equal to one percent
of gross revenues. The city shall use the PEG fees consistent with
applicable state and federal law. The PEG fee may be shown as a separate
line item on the regular bill of each subscriber.
E.
Customer Service and Protection.
1.
A
state franchisee shall comply with Sections 53055, 53055.1, 53055.2
and 53088.2 of the California Government Code; the FCC customer service
and notice standards set forth in Sections 76.309, 76.1602, 76.1603
and 76.1619 of Title 47 of the Code of Federal Regulations; Section
637.5 of the California Penal Code; the privacy standards of Section
551 of Title 47 of the United States Code; and all other applicable
state and federal customer service and consumer protection standards
pertaining to the provision of video service, including any such standards
hereafter adopted. In case of a conflict, the stricter standard shall
apply. All customer service and consumer protection standards under
this paragraph shall be interpreted and applied to accommodate newer
or different technologies while meeting or exceeding the goals of
the standards.
2.
The
city shall enforce, in the manner set forth in the Act, all customer
service and protection standards contained in Section 5900 of the
Act, including without limitation those standards set forth in Section
5900(c). The city is authorized to impose penalties for any material
breach of the Act, as set forth herein.
3.
The
maximum monetary penalties set forth in Public Utilities Code Section
5900 are hereby adopted and enacted as the applicable schedule of
penalties for the material breach of the Act, including but not limited
to Section 5900 of the Act, by a holder of a state franchise, as follows:
(1)
Five hundred dollars per day for each material breach, not to exceed
one thousand five hundred dollars for occurrence of a material breach.
(2)
If a material breach has occurred and notice has been provided and
a fine or penalty has been assessed, any subsequent breach of the
same nature within twelve months, shall be subject to a penalty of
up to one thousand dollars for each day of each material breach, not
to exceed three thousand dollars for each occurrence of the material
breach.
(3)
If a third or further material breach of the same nature occurs within
those same twelve months, and notice has been provided and a fine
or penalty has been assessed, the penalties shall be increased to
a maximum of two thousand five hundred dollars for each occurrence
of the material breach, not to exceed seven thousand five hundred
dollars for each occurrence of the material breach.
|
As used herein, "material breach" is defined as set forth in
the Act, Public Utilities Code Section 5900.
|
(Ord. 763 § 1, 10-3-2011)
