HomeMy WebLinkAbout1990-01-23 - AGENDA REPORTS - FRANCHISE ORD (2)AGENDA REPORT
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City Manager Approval
Item to be presented by:
UNFINISHED BUSINESS Ken Pulskamy
DATE: January 23, 1990
SUBJECT: Franchise Ordinance 89-28
DEPARTMENT: City Manager
BACKGROUND
This item was on the Agenda of December 12, 1989, to introduce the franchise
section (Title 4) of the Santa Clarita Municipal Code. It is now presented for
second reading and adoption. This ordinance does not affect franchises granted
by the City of Santa Clarita as indeterminate franchises or other franchises
until their expiration. This document has been reviewed by the appropriate
members of City staff. All comments from the staff members involved have been
incorporated into this version.
Title 4 is composed of Division 1 or basic franchise and Division 2 which
addresses cable television systems. Throughout Title 4, the responsibility for
administration of the ordinance is divided among the Director of Public Works
and the Director of Finance. The separation was initiated to ensure that both
aspects of the ordinance received appropriate attention.
As with the County of Los Angeles Franchise Code, much of the City Ordinance is
governed by the Public Utilities Code. The intent of the Basic Franchise
Ordinance was to simplify the regulation of franchises yet not lose any of the
authority to franchise. While the Basic Ordinance is the foundation for
establishing a franchise, specific and, if necessary, more stringent language
may be incorporated into individual franchise agreements.
Major deviations from the Los Angeles County Ordinance include the elimination
of sections regarding airports, electrical trains, electric motor coaches,
street railways and specific provisions for oil franchises. , One significant
addition of Section 4.04.370 provides for future undergrounding of facilities to
the extent possible.
Division 2, cable television franchise, has also been simplified, yet is
designed to increase customer service. As with any cable television franchise,
various provisions are governed by the Federal Cable Act and the Federal
Communications Commission. Section 4.20.120 onward provides for expediting
responses to customer complaints, strict reporting requirements and designation
of fees and credits as line items on subscriber statements. In addition,
section 4.20.071 specifically addresses City use of cable franchise equipment
and facilities to provide public, educational and governmental programming.
RECOMMENDATION
That the City Council adopt Ordinance 89-28.
ATTACHMENT
Ordinance 89-28
Adopted:
Agenda Item-.---/—.
0 ORDINANCE NO. 89-28 .
A SUMMARY OF AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA.CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO ADD
. TITLE 4 RELATING TO FRANCHISES
SECTION 1. The Municipal Code for the City of Santa Clarita is
amended to add Title 4, Franchises, to read as follows:
TITLE 4. FRANCHISES -
DIVISION 1 - Basic Franchises
Chapter 4.01 Scope of Division
Chapter 4.02 Definitions
Chapter 4.04 General Regulations and Conditions
Chapter 4.06 Compensation
Chapter 4.08 Construction
DIVISION 2 - Cable Television System Franchises
Chapter 4.10 Definitions
Chapter 4.12 General Requirements
Chapter 4.14 Application for Franchise
Chapter 4.16 Compensation
Chapter 4.18 Construction of Facilities
Chapter 4.20 Service, Rates and Consumer Protection
SECTION 2. The provisions of Section 1 of this Ordinance
specifically supercede Division 3, Division 3a, and Division 4 of Title 16 of
the Los Angeles County Code previously incorporated by reference into the
Santa Clarita Municipal Code.
SECTION 3. The City Clerk shall cause a summary of this Ordinance
to be published and a certified copy of the full text to be posted in the
office of the Clerk at least five days prior to the City Council meeting at
which the proposed Ordinance. is to be adopted. Within fifteen (15) days
following the adoption of this Ordinance, the City Clerk shall again publish a
summary of the Ordinance with the names of those City Councilmembers voting
for an against the Ordinance and the City Clerk shall post in the office of
the City Clerk a certified copy of the full text of the adopted Ordinance
along with the names of those City Councilmembers voting for and against the
Ordinance.
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PASSED AND APPROVED this day of ; 1990.
Jo Anne Darcy, Mayor
rV66*116
George Caravalho, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SANTA CLARITA )
I, George Caravalho , City Clerk of the City of Santa Clarita, do
hereby certify that the foregoing Ordinance No. 89-28 was regularly introduced
and placed upon its first reading at a regular meeting of the City Council on
the 12th day of December , 1989. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the
day of , 19909 by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
George Caravalho, City Clerk
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ORDINANCE NO. Sc)-2�
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO ADD TITLE
4 RELATING TO FRANCHISES.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Municipal Code for the City of
Santa Clarita is amended to add Title 4, Franchises, to read
as follows:
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9 TITLE 4
FRANCHISES
Division '1
BASIC FRANCHISES
Chapter 4.01
SCOPE OF DIVISION
4.01.010 Applicability of Statutory Law.
Nothing in this Division shall modify or supersede any
provision of the general law for the state of California
regarding the sale of franchises by the City, including
Division 3 of the Public Utilities Code.
4.01.020 Basic Franchises. All franchises
awarded by the City shall be awarded pursuant to this
Division 1 unless the award of franchise is explicitly
provided under some other provision of law.
Chapter 4.02
DEFINITIONS
4.02.005 Director. "Director" means the Public
Works Director of the City or assignee.
4.02.010 Facilities. "Facilities" means all
property of the grantee, including service connections with
the grantee's facilities, whether installed by the grantee
or not, erected, constructed, laid, operated or maintained
in, upon, over, under, along or across any highway pursuant
to any right or privilege granted by the franchise.
4.02.020 Franchise pavment period. "Franchise
payment period" is:
A. If the franchise grants to a public utility or
to a mutual water company a right not theretofore in
existence, the fifth year after the effective date of the
ordinance granting the franchise; or, at the option of the
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• grantee, any shorter period of time, and eachY ear there-
after, during the life of the franchise.
is
B. In all other cases, including all franchises
granted to persons who are neither public utilities nor
mutual water companies, the first year after the effective
date of the ordinance granting the franchise; or, at the
option of the grantee, any shorter period of time
immediately following the effective date of the said ordi-
nance, and each year thereafter, during the life of the
franchise.
4.02.030 Franchise remort Period. "Franchise
report period" in all cases means the first year after the
effective date of the ordinance granting the franchise; or,
at the option of the grantee, any shorter Period of time
immediately following the effective date of the said
ordinance, and each year thereafter, during the life of the
franchise.
4.02.040 Grantee. "Grantee" means the Person to
whom the franchise is granted, and any person to whom it
lawfully may be assigned.
4.02.045 Hiahway. "Highway" means that term as
defined in the Streets and Highways Code for the State of
California and over which the City has jurisdiction to grant
franchises.
4.02.050 Main. "Main" means any pipeline,
conduit, direct buried lire or any distributicn �aci_ity
laid along or approximately parallel with and in any highway
for the transmission or distribution of electricity or any
substance or commodity.
4.02.070 Revenue Collector. "Revenue Collector"
means the Director of Finance of the City, or assignee.
4.02.080 Service connection. "Service connec-
tion" means the wire, pipes or conduits connecting the
building or place where the service or commodity supplied by
the grantee is used or delivered, or is made available for
use or delivery, with the supply line or supply main in the
highway or with such supply line or supply main on private
property.
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Chapter 4.04
GENERAL REGULATIONS AND CONDITIONS
04.04.010 Title for citation. The franchise
ordinance codified in this Division 1 shall be known as and
may be cited as "the basic franchise ordinance."
4.04.020 Rules, regulations, terms and
conditions applicable. Every franchise granted by the City
for the use or City highways for any purpose, except as
otherwise provided in the ordinance granting such franchise,
shall be granted upon and be subject to such of the
following rules, regulations, restrictions, terms and
conditions as are incorporated therein by reference, in
addition to the rules, regulations, restrictions, terms and
conditions set forth in the ordinance granting each such
franchise.
4.04.030 Franchise grant not exclusive. The
granting of a franchise or any of the terms or conditions
therein shay_ not be construed to prevent the City from
granting any identical or similar franchise to any person
other than the grantee.
4.04.050 Application. The application for a
franchise shall be filed with the Director.
4.04.060 Term of franchise. Unless the
ordinance arantina the franchise provides otherwise, the
term of the franchise shall be 25 years.
4.04.070 Acceptance of franchise. The grantee,
shall within 60 days after the passage of the ordinance
granting ..he franchise, file with the City clerk a written
acceptance of the terms and conditions of said ordinance,
including such terms and conditions of this Division.
4.04.080 Surety bond required when -- Amount and
conditions. The notice cf sale may require that the grantee
snail file, within the time specified therein, and at all
times during the life of the Franchise, keep on file with
the Director a corporate surety bond.running to the City in
the sum of $1,000.00, or such other sum as may be
specifically provided in the said notice of sale with surety
to be approved by the Director, conditioned that the grantee
snail well and truly observe, Fulfill and perform each term
and condition of the franchise and that in case of any
breach of condition of the bond, the whole amount of the
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penal sum therein named shall be
p deemed to be liquidated
damages, and shall be recoverable from the principal and
sureties upon the bond. If the bond is not so filed within
the time aforesaid, the award of the franchise may be set
aside at any time prior to the filing thereof, and any money
paid therefor shall be forfeited; and if an ordinance has
been enacted granting the franchise, the Council may repeal
such ordinance. In the event that said bond, after it has
been so filed, shall at any time during the life of the
franchise become insufficient, the grantee, by accepting the
terms and conditions thereof, agrees to.renew said bond with
sureties to be approved by the Director within 10 days after
written notice to do so from the Director.
4.04.100 Notice of sale -- Deposit to cover
costs. Prior to publication of the notice of sale, the
applicant for a franchise shall deposit with the City Clerk
a sum which the Clerk estimates to be ample to cover the
cost of such publication.
4.04.110 Notice of sale -- Costs -- Disoosition
of extra funds. The cost of puDlication or the notice of
sale of a franchise shall be paid from the monev deposited
by the ar)piicant. If the cost of publication is less than
the amount deposited the Clerk shall:
A. Refund the difference to the applicant_ if `-e
franchise is not awarded to the applicant;
B. Apply the difference to other :<<oneys due to
the City from the applicant under the terms of =ne Franchise
if the franchise is awarded to the applicant.
4.04.120 Map of facilities installed in
highways -- Annual filincr required.
A. The grantee, except the grantee of a franchise
for a railroad track, shall file with the Director, within
90 days after the effective date of the ordinance granting
the franchise; and each year thereafter within 90 days after
the anniversary of the effective date of the ordinance, a
map or set of maps, each drawn to a scale not smaller than
400 feet to one inch, showing in detail the exact location
and size of all facilities, except service connections used
by or under the control of the grantee, installed beneath
the surface of the highways described in and maintained
pursuant to the authority of the ordinance granting the
franchise.
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B. The ma of
P or set maps filed pursuant to the
provisions of this section shall show in detail the location
of such facilities, excluding service connections, which
shall have been laid, constructed or abandoned subsequent to
the filing of the last preceding map or set of maps. Each
map or set of maps shall be accompanied by an affidavit
endorsed thereon and subscribed and sworn to by the grantee,
verifying the correctness thereof.
4.04.130 Public utilitv franchises -- Value
agreement. The grantee of any franchise awarded to a public
utility, by accepting the terms and conditions thereof,
stipulates and agrees that in any proceeding for the purpose
of regulating the rates of the grantee, no greater value
shall be placed upon the franchise than the actual cash paid
therefor by the grantee, including the cost of advertising
paid by the grantee.
4.04.150 Pavments to City -- Service connections
excluded when. Whenever the length cz any wire, pipe or
conduit is a factor in calculating any payment due under any
franchise granted by the City, all service connections snail
be excluded in determining such length.
4.04.160 Pavments to Citv -- Publisninc anal
advertising costs. The grantee shad nay to _ne Cita w�tn_n
30 days after receiving a statement therefor, all
advertising and publishing costs, including t* -e cost of
publishing the ordinance, incurred in connection with the
granting of the franchise, minus the amount, if any, which
the grantee has deposited. The grantee shall not receive
credit for any deposit made by any other person.
4.04.190
Filina time.
Report of annual cross receipts --
A. The grantee of any franchise awarded to a
public utility or a mutual water company, except a franchise
for a railroad track, shall file with the Revenue Collector
for each franchise oavment period, within 90 days after such
period, two copies of a report verified by the responsible
officer of the grantee (except where the grantee is an
individual, in which case the report shall be verified by
the oath of the grantee) snowing the total gross receipts of
the grantee for the franchise payment period, received or
accrued in connection with the furnishing of the commodity
or service arising from the use or operation of the
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ranchise, together with such additional data as is
necessary in the discretion of the Revenue Collector to
calculate or verify the calculation of the annual payment
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(or the pro rata thereof for the first period if the first
period is less than one year) and which payment shall be
paid concurrently with the filing of the statement.
B. In the event the amount paid is incorrect in
the judgment of the Revenue Collector, it may order the
payment of such additional sum as it may find due.
4.04.200 Report of annual cross receipts --
interest charged on late oavments. Should any annual report
and accomoanving payment be not made within the 90 -day
period therein mentioned, the grantee shall further pay
interest on the amount due under that section at the rate of
ten (10) percent per month from the last day of the
franchise payment period for which such payment was due.
4.04.210 Right to examine records and
facilities. At all reasonable times, the grantee shall
permit any duly authorized representative of the City to
examine ail property of the grantee erected, constructed,
laid, operated or maintained pursuant to the franchise,
together with anv appurtenant property of the grantee, and
to examine and copy any and all books, accounts, papers,
maps and other records kept or maintained by the grantee or
under _ts control regarding the.operations, affairs,
transactions, property or financial condition of the
grantee.
4.04.220 Liabilitv for damages. The grantee
shall indemnify, defend and hold the City, its officers,
agents, and emn_lovees harmless from and against anv and all
loss, damages, liability, claims, suits, costs and expenses,
including reasonable attorney's fees, defense costs and
legal fees, regardless of the merit or outcome of any such
claim or suit, claimed, arising from or connected with the
grant, exercise or enjoyment of the franchise, the grantee's
franchise operations, and the use, operation or maintenance
of the facilities erected, constructed, laid, operated or
maintained under the franchise.
4.04.230 Sale, lease or transfer of franchise --
Terms and conditions.
A. The grantee shall not sell, transfer, assign
or lease the franchise, or any part thereof, except with the
consent of the City Council. Such sale, transfer,
assignment or lease shall be made only by filing with the
City Council a copy of the duly executed instrument of such
sale, transfer, assignme.^.t or lease, and a written request
for the consent of the Council to such sale, transfer,
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assignment or lease.
such written request
before the expiration
such sale, transfer,
expiration of said 60
to forfeiture and the
ordinance, repeal the
If such duly executed instrument and
is not filed with the City Council
of 60 days after the effective date of
assignment or lease then, upon the
days, the franchise shall be subject
City Council may, without notice, by
franchise.
B. As a condition to the granting of consent to
such sale, transfer, assignment or lease, the Council may
impose such additional terms and conditions upon the
franchise and upon the grantee or assignee which the City
Council may deem to be in the public interest. Such
additional terms and conditions shall be expressed by
ordinance.
C. Nothing herein contained shall be construed tc
grant to the grantee the right to sell, transfer, assign or
lease the franchise, or any part thereof except in the
manner aforesaid. This section applies to any assignment,
whether by operation of law, by voluntary act of the grantee
or otherwise. No such consent stall be required to any
transfer or the franchise in trust or by way of mortgage or
hypothecation with all or a Dart of grantee's other property_
for the purpose of securing any indebtedness of grantee. A
merger will not be deemed a sale, transfer, assignment or
lease of the franchise under this section.
4.04.240 Conditions of franchise grant --
Suspension or forfeiture grounds and procedure. The
Franchise is granted and shall be held and enjoyed upon each
and every condition contained in the ordinance granting the
franchise, including such conditions incorporated by
reference, and shall be strictly.construed against the
grantee. Any neglect, failure or refusal to comply with any
of the conditions of the franchise shall constitute grounds
for the suspension or forfeiture thereof. The City Council,
prior to any suspension or forfeiture of the franchise,
shall give to the grantee not less than 30 days' notice in
writing of any default thereunder. if the grantee does not
within the noticed period begin the work of compliance, or
atter such beginning does not prosecute the work with due
diligence to completion, the City Council may hold a
hearing, at which the grantee shall have the right to appear
and be heard, and thereupon the City Council may determine
whether such conditions are material and essential to the
franchise and whether the grantee is in default and may
declare the franchise suspended or forfeited. Notice of the
hearing shall be given to the grantee not less than ten days
before the Nearing.
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4.04.260 Extra communication circuits for City
use. The City council, in granting the franchise, does
expressly reserve at no cost to the City the right and
privilege of installing and maintaining communication
circuits upon any poles or in any communication conduit
erected or placed by virtue of the franchise. The City may
use the circuits for maintaining a communication, control
and fire -alarm service in the dispatch of City business; and
all such poles erected or conduits laid under the authoritv
of the franchise shall be erected and laid in such a manner
as to leave sufficient space for the proper accommodation of
the four circuits to be installed and maintained by the
City.
4.04.270 Franchise area -- All Facilities
subiect to franchise conditions. All facilities erected,
constructed, laid, operated or maintained by the grantee in
highways, including services connected with the grantee's
facilities, whether installed by the grantee or not, in the
area described in and by vir.tue of the authority provided by
the ordinance granting the -franchise, prior to the effective
date of said ordinance, exceot those maintained under orior
right other than franchise, shall become subiect to ail the
terms and conditions of such ordinance upon such ef=ective
date.
4.04.280 Attachment of facilities to br-daes or
other City structures. A franchise coes not give me
grantee the right to attach any pipe, conduit or other
facility to anv bridge or other Citv structure unless
specifically _orovided in the Ordinance grant -no z: e
franchise.
4.04.290 Authoritv to accruire grantee's works,
property and rights. The Citv snail have the right at any
time during the term of the franchise to acquire the works,
property and rights of the grantee (if such grantee is not a
public utilityunder the ;urisdiction or the Public
Utilities Commission), or any portion thereof constructed,
acquired or operated under the franchise upon making
reasonable compensation.
4.04.320 Construction, operation and maintenance
regulations. All facilities erected, constructed, iaid,
operated or maintained under the provisions of the franchise
snail be erected, constructed, laid, operated or maintained
in accordance with and conforming to all the ordinances,
codes, rules and regulations now or hereafter adopted or
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prescribed by the City Council, and shall be of new, first
class and standard material and subject to the approval of
any duly authorized representative of the City.
4.04.340 Excavation oermit -- Prerecuisite to
commencement of work -- Exceptions. Where the provisions of
the highway permit ordinance require the issuance of an
excavation permit, the grantee shall not commence any
excavation work under the franchise until it shall have
obtained such permit, except in cases of emergency affecting
public health, safety or welfare, or the preservation of
life or property, in which case the grantee shall apply for
such permit not later than the next business day.
4.04.350 Excavation permit -- For pipelines
carrvina flammable substances -- issuance conditions.
Prior to the issuance of any excavation permit for
the construction or installation of any pipeline for the
transmission of flammable"licuids or gases, which are
heavier than air, approval shall be obtained from the Fire
Department. Such approval shall be based on the decer-
mination that no undue fire hazard will be created to life
or property in the areas through which the pr000sed pipeline
will be located.
4.04.360 ?ichwav facilities -- Const uc- cn and
repair procedures. The work of erecting, constructing,
laving, replacing, repairing or removing facilities in,
upon, over, under, along or across any highway shall be
conducted with as little hindrance as practicable to the use
of the highway for purpose of ,.ravel; and as soon as the
erecting, constructing, laving, replacing, repairing or
removing of any of said facilities is completed, ail
portions of the highway which have been excavated or
otherwise inured thereby shall be placed in as good
condition as the same was before erecting, constructing,
laying, replacing, repairing or, removing of the facilities,
to the satisfaction of the Director; and the grantee shall
be responsible to the City and shall save the City, its
officers, employees and agents, free and harmless from all
damages or liability arising from any damage or injury
suffered by any person by reason of any excavation or
obstruction being improperly guarded during said work, or
the failure of the grantee to properly perform, maintain or
protect any phase of the work.
4.04.370 Mains and other facilities -- Depth or
installation. Unless special circumstances maze it
impossible or not feasible and the Director so finds:
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A. All mains laid under the franchise, except
electrical conduits, shall be laid and maintained not less
than 30 inches below the gutter grade, or 38 inches below
grade if no gutter, unless'the grantee files a written
statement that no service connection will be made to any
portion of the upper half of such main, in which case the
main may be not less than 24 inches below the gutter grade
or 32 inches below grade if no gutter.
B. ' All other facilities, including electrical
conduits and service connections laid under the franchise,
shall be laid and maintained not less than 24 inches below
the gutter grade.
4.04.380 Improvement of highway surface --
Notice to grantee -- Time for installation of facilities.
A. The Citv reserves the right to improve the
surface or subgrade of any highway and construct or
reconstruct anv other facilities over which the franchise is
granted, upon written notice that the grantor intends to
improve any such highway within the territory covered by the
franchise, and requests that the grantee erect, install, lay
or construct beneath the surface of the highway the
facilities which at that time are known or believed by "the
grantee to be necessary or convenient to serve its needs and
those of the oublic in the foreseeable future; the Grantee
shall commerce such work on or before the date sDecitied in
such written notice and request, which date shall be not
less than 30 days from receipt of such written notice and
request, and diligently prosecute such work to completion.
B. After the completion of such highway
improvements by the grantor, the right of the grantee to lay
or construct facilities in, under or through the improved
surface of the highway or portion of the highway under the
franchise shall be subject to such additional terms and
conditicns as z:,e Director may impose to minimize any damage
to such improved surface.
4.04.390 Maintenance and protection of facili-
ties following other improvements.
A. If the Citv constructs or maintains any storm
drain, sewer structure or other facility or improvement
under or across any facility of the grantee, the grantee
shall orovide, at no expense to the City, such suD_port as
shall be reasonably required to suDport, maintain and
protect grantee's facility.
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B. This section shall not relieve any contractor
of liability arising from violation of any law, ordinance or
regulation, or from negligence which may proximately cause
injuries to any of grantee's facilities.
4.04.400 Defective facilities in hicrhways --
Repair requirements and costs. If any portion of any
highway shall be damaged by reason of defective facilities
laid or constructed under the franchise, the grantee shall,
at its own expense, repair any such defect and out such
highway in as good condition as it was before such damage
was incurred, to the satisfaction of the Director. If the
grantee, within 10 days after receipt of written notice from
the Director instructing it to repair such damage, fails to
commence to comply with such instructions, or, thereafter,
fails diligently to prosecute such work to completion, then
the Director immediately may do whatever work is necessary
to carry out the repair at the cost and expense of the
grantee, which cost and expense, by the acceptance of the
franchise, the grantee agrees to pay upon demand. if such
damage constitutes an immediate danger to public :health or
safety requiring the immediate repair thereof, the Director,
without notice, may repair such damage and the grantee
agrees to pay the reasonable costs thereof upon demand.
4.04.410 City's richt to chance ^iahway. .'he
City reserves the richt to chance the race, _o chance the
width, or to alter or change the location of any highway
over which the franchise is granted.
4.04.420 Relocation of facilities. if any of the
facilities erected, constructed, instailed or maintained by
the grantee pursuant to the franchise on, along, upon, over,
in, under or across any highway are located in a manner
which prevents or interferes with the change of grade,
traffic needs, operation, maintenance, improvement, repair,
construction, reconstruction, widening, alteration or
relocation of the highway, the grantee small relocate
permanently or temoorarily any such facility at no expense
to the City upon receipt of a written request from the
Director to do so, and shall commence such work on or before
the date specified in such written request, which date shall -
be not less than 30 days from receipt of such written
request, and thereafter diligently prosecute such work to
completion.
4.04.440 Relocation of facilities ---
Conditions. The City reserves the right to lay, construct,
repair, alter, relocate and maintain subsurface or other
facilities or improvements of any type or description in a
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governmental but not proprietary capacity within the
highways over which the franchise is granted. if the City
finds that the location or relocation of such facilities or
improvements conflicts with the facilities laid, constructed
or maintained under the franchise, whether such facilities
were laid before or after the facilities of the City were
laid, the grantee of such franchise shall, at no expense to
the City, on or before the date specified in a written
request from the Director, which date shall be not less than
30 days after the receipt of such notice and request to do
so, commence work to change the location, either permanently
or temporarily, of ail facilities so conflicting with such
improvements to a permanent or temporary location in said
highways to be approved by the Director, and thereafter
dilicently prosecute such work to completion.
4.04.450 Relocation of facilities -- Costs.
A. If the grantee, after reasonable notice, ails
or refuses to relocate oermanently or temporarily its
facilities located in, on, upon, along, under, over, across
or above any highway, or to pave, surrace, grace, repave,
resurface or regrade as required pursuant to any provision
of t_he franchise, the Citv may cause the work to be acne,
ana shall keep an itemized account of the entire cost, and
the grantee shall hold harmless ::-ie City, -its officers,
emnlovees =a acents from anv 'iabil'_z which may arse or
be claimed to arise from the moving, cutting or alteration
of any of .::e grantee ' s fatuities, or _ne turninc on or or--
of
ffcf water, oil or other licuid, gas or electricity.
3. The grantee agrees to, and shall, reimburse
t_ ^.e Citv for such cost within 30 days after oresentation to
t^:e said Grantee of an itemized account.
..04._470 Abandoning facilities -- Terns and
cor.diti-_.^.s. --he Director, upon any terms and conaitions as
the Director may see fit to impose, may give the grantee of
the franchise permission to abandon, without removing, any
facility laid, erected, constructed, operated or maintained
under the=ranchise. Unless such permission is granted, the
grantee snail remove ail abandoned facilities within 90 days
after such abancenrnent, and shall restore the highway to its
former state at t:^.e time such facilities were removed, as
near as ..-ay be, so as : of to i:npaIr its usefulness.
4.04.480 ,nderarcundinq of facilities. To the
extent possible, the City shall recuire that all facilities
whit:^ may be installed underground be so installed and in
accordance with the provisions of this Title.
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Chapter 4.06
COMPENSATION
4.06.010 Rates. As consideration for the
franchise granted, the franchisee shall pay to the City in
lawful money of the United States the following:
A. In the case of an initial grant of franchise,
or on franchises which extend, renew or continue previously
granted franchises, the franchisee shall pay to the City a
granting fee of not less than $5,000.00 within 30 days after
the council adopts the ordinance granting the franchise.
Such amount shall be established by the Revenue Collector;
3. Provided, however, that if the pipe or
pipeline to be laid or constructed pursuant to the franchise
is one-fourth mile or less in length, or the franchise
extends, renews or continues a previously granted franchise
to lay or construct a pipe or pipeline one-fourth mile or
less in length, the franchisee shall pay to the City a
granting fee of not less than S500.00 within 30 days after
the council adopts the ordinance granting thefranchise.
Such amount shall be established by the Revenue Collector;
and
C. The franchisee of any franchise awarded to any
others, including a public uril zy or mucuai water tomo_ any
granted or exercising a franchise for a purpose not
involving the furnishing of any service to ite public or any
portion thereof, as further consideration for the franchise
hereby granted, including the extension, renewal or
continuation of a _previously_ granted franchise, shall pay to
the City in lawful money of the United States, during the
life of the franchise for each and every year, including the
year of granting the franchise, according to the "franchise
payment period", a "base annual fee":
D. Initial Construction Charges and Other Fees.
In addition to the foregoing annual payments, the franchisee
shall:
1. Pay City within 60 days after the end
of each calendar year, during the life of the franchise, an
initial construction charge calculated at a rate of $100.00
per :Wile or fraction thereof for ail new mains laid during
the preceding year;
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2. Pay City during the life of the fran-
chise, an annual fee of $50.00 per pole -mile or portion
thereof, and $50.00 per mile or portion thereof of under-
ground conduit for telephone or telegraph lines maintained
under the franchise. Said fee shall be due within 60 days
after .the end of each calendar year.
4.06.020 Proration of oavments. In the event of
abandonment of facilities with the approval of the City as
elsewhere in the ordinance provided, or in the event of
removal of such facilities by the franchisee, the payments
otherwise due the City for occupancy of the roads or
highways by such facilities shall be prorated for the
calendar year in which such removal or abandonment occurs as
of the end of the calendar month in which removed or
abandoned.
4.06.030 Prompt oavment -- Delincuencv charce.
In the event franchisee falls to make the payments for the
franchise or the payments on or before the dates due,
franchisee shall _pay_ as additional consideration the
following amount: A sum of money equal to i0 percent per
month commencing from the due date of the total amount due.
4.06.040 Recordkeecing recuiremenns. Franchisee
shall keen and preserve, for a period or five years,
subsequent to the date of the most recent =rancnise fee
determination as ascertained by an audit made by :Ae City or
on its behalf, all records necessary to determine the amount
of such franchise fees or other payments due. =rancnisee,
upon demand by City, shall make such records available for
inspection :within the City.
Chapter 4.08
CONSTRUCTION
4.08.020 New or replacement installations. New
installations or replacements of pipelines and appurtenances
and all other facilities necessary for the installation,
operation, maintenance, and safety of pipelines and conduits
shall be laid and maintained only pursuant to permit issued
by the public works department. All such installations or
replacements shall be reviewed by the Director as to the
most desirable location in the roads or highways of the City
and the Director's decision shall be finalandbinding on
the franchisee.
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4.08.030 Highway work -- Conditions and
reauirements. The work of constructing, laying, replacing,
maintaining, repairing, abandoning or removing all pipelines
and appurtenances authorized under the provisions of this
Division 1 in, over, under, along or across any highway
shall be done to the satisfaction of the Director at the
expense of the franchisee 'and in accordance with the terms
and conditions of this Code.
4.08.040 Annual completion statement. The
franchisee shall submit an annual summary to the City
identifying the permit or permits issued during the
preceding calendar year, identifying the total length of
pipeline, conduit or other facility, the construction of
which was authorized under such permit or permits, the
nominal internal diameter or diagonal of the pipeline or
conduit, and the total length of pipeline, conduit or other
facility.
4.08.050 Emercencv equipment and oersonnel. At
all times during the term or this franchise, the franchisee
shall maintain or arrange for, on a 24 -hour -a -day basis
adecuate emergency equipment and a properly trained
emercencv crew within a reasonable aiszance prom anv
facilities installed or maintained pursuant hereto :or the
purpose of shutting of -f the pressure and the Llow o=
contents or such facilities in :.ne event o_ an emercencv
resulting Lrom an earthquake, act of war, civil cisturoance,
`ire, flood, or any other cause or nature whatsoever.
^_.08.070 Removal cr abandon -me. o.: facil t es --
Procedures
A. At the exp_iraticn, revocation or termination
of thisfranchise or of the permanent discontinuance of the
use of all or a portion of its Lacilities, the franchisee
shall, within 30 days thereafter, make written application
to the Director for authority either:
1. To abandon all or a portion of such
facilities in place; or
2. To remove all or a portion of such
facilities.
Such application shall describe the facilities
desired to be abandoned, their location, and shall describe
with reasonable accuracy the physical condition of such
facilities. The Director shall determine whether any
abandonment or removal which is thereby proposed may be
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effected without detriment to the public interest and under
what conditions such proposed abandonment or removal may be
effected...
B. Within 30 days of notice of the Director's
determination, the franchisee shall apply for a permit from
the City to abandon or remove the facility.
C. The franchisee shall, within 60 days after
obtaining such permit, commence and diligently prosecute to
completion the work authorized by the permit.
4.08.080 Removal or abandonment of facilities --
Failure to comely -- Remedies.
A. If any facilities to be abandoned "in place"
subject to prescribed conditions shall not be abandoned in
accordance with all such conditions, the Director may make
additional appropriate orders, including_ an order that the
franchisee shall remove any or ail such facilities. The
franchisee shall comply with such additional orders.
B. In the event that the franchisee shall Fail no
comply with the terms and conditions of abandonment or
removal as may be required by this Division. and 'within such
time as may be prescribed by the Director, then the City may
remove or cause to be removed such facilities at the
franchisee's expense. The Franchisee shall oav ic the _lz
the cost of such work oius the current rate of overhead
being charged by the Citv for reimbursable wor:K.
C. If, at the expiration, revocation cr
termination of this franchise, or of the oermanent
discontinuance of the use of ail or a portion of its
facilities, the franchisee shall, within 30 days thereafter,
fail or refuse to make written application for the above-
mentioned authority, the Director shall make the determina-
tion as to whether the facilities shall be abandoned in
place or removed. The Director shall then notify the
franchisee of the determination. The franchisee shall
thereafter comply with the provisions of subsections 3 and C
of this Section 4.08.070.
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Division 2
CABLE TELEVISION SYSTEM FRANCHISES
Chapter 4.10
DEFINITIONS
4.10.010 Definitions generally -- Interpretation
of lanauace. For the purpose of this Division 2, the
following terms, phrases, words and their derivations shall
have the meaning given in this chapter.
4.10.020 Advertising receipts. "ydvertisina
receipts" means any and ail income, compensation,fees and
other consideration received directly or indirectly by
franchisee, derived from anv form of advertising, relating
airectly or indirectly to franchisee's franchise activities
and operations.
4.10.030 3asic service. 1'3asic service" means
the simultaneous delivery by franchisee to elev:s on
receivers (or any other suitable type or audio -v :deo
communication receivers) of
A. all signals of over- the-ai_=elevision
broadcasters authorized by the FCC to be carried cv a cable
television system, as defined by the FCC;
3. vocal government access c::^.annels;
C. Education access channels;
D. Public access channels;
E. Lease channels; and
r Additional service at the option of the
conpanv_; however, pay or subscription television as defined
by the FCC shall not be considered part of the basic
service.
4.10.040 3asic subscriber receipts. "3asic
subscriber receipts" :leans anv and all income, compensation,
Lees and other consideration received directly or indirectly
by thefranchisee frcm subscribers in payment for the basic
service of the cable television system.
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4.10.060 Cable television system or system.
A.. "Cable television system" or "system" means a
system of antennas, cables, wires, lines, towers,
waveguides, microwaves, microwave, laser beam, fiber optics,
master antenna system, multiple distribution system,
satellite, or any other conductors, converter, equipment or
facilities desired and constructed for the purpose of
producing receiving amplifying and distributing audio,
video, voice, data signals, digital signals, fiber optic
signals, and other forms of electronic or electrical
signals, located in the City, and constructed or used for
one or more of the following purposes:
1. Collecting and amplifying local and
distant broadcast television or audio signals and
distributing and transmitting them;
2. Transmitting original cablecast
programming not received through television broadcast
signals;
3. Transmitting television pictures, film
and video tape programs not received througn -broadcast
television signals, whether or not encoded or processed to
permit reception by only selected receiver;
4. Transmitting and receiving_ all other
signals: digital, voice and audio-visual;
5. Any other appli cati ons used in
transmitting audio and/or visual signals.
B. "Cable television system" or "the system" also
means "community antenna television system" (as that term is
used in Section 53066 of the Government Code of the State of
California), "CATV system," "cable system" or "cable
communications system."
C. An excecticn to the above definition is any
state or interstate common carrier over which the City has
no jurisdiction.
4.10.100 Department. "Department" :Weans the
Public Works Depar=ent C! _ne City.
4.10.110 Director. "Director" means Public
:corks Director of the City or assignee.
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4.10.120 FCC. "FCC" means the Federal
Communications Commission, its designee or any successor
thereto.
4.10.130 Franchise. "Franchise" includes the
term "license."
4.10.140 Franchisee or Grantee. "Franchisee" or
"grantee" means the person to whom the franchise is granted,
and anv person to whom it lawfully may be assigned.
4.10.150 Franchise navment period. "Franchise
payment period" means the period from the effective date of
the ordinance granting the franchise through December 31st
of the year granting the franchise, and each calendar year
thereafter, during the term of the franchise.
4.10.160 Franchise oronerty or facilities.
"Franchise property" or "facilities" means anv and ail
property of the franchisee, inciuding, but not _united to,
service connections with the franchisee's facilities,
whether installed by thefranchisee or not, erected,
constructed, installed, laid, operated or ^aintained in the
City pursuant to any right or priviiee_e granted by rhe
franchise.
4.10.170 Franchise report per cd. "^ran c:^.i se
report period" in ail cases means c e cerrod from _ne
effective date of the ordinance granting -he franchise
through December 31st of the year of granting the franchise
and each calendar year thereafter, curl^g t e _erm of the
franchise.
4.10.180 Head -end. "dead-end" means the
electronic processing center for distribution of the signals
received from the master antenna.
4.10.190 Lease receipts. "ease receipts" means
any and all income, ccmuensation, fees and other
consideration received directly or indirectly by franchisee
For the lease or rental of franchise property, and
compensation for any service in connection therewith
including but not limited to studio and eo_uip_ment rental and
production costs of anv channel permitted or designated by
the =CC to be so leased or rented.
4.
10.200 Leased channel. "Leased channel" means
a channel on the cable system on which the franchisee shall
orovide open, widespread, and reasonable access to persons
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who desire to use said channel for commercial purposes, as
defined in Section 612 of the Cable Act.
4.10.210 Non -basic service. "Non -basic service"
means anv communication service other than basic service
provided over its system by franchisee directly or as a
carrier for its subsidiaries, affiliates or anv other person
engaged in communications services including, by way of
example but not limited to, pay or subscription television,
burglar alarm data or other electronic intelligence
transmission, facsimile reproduction, meter reading and home
shopping.
4.10.220 Non -basic service receipts. "Non -basic
service receipts" means any and all income, compensation,
fees and other consideration received directly or indirectly
by the franchisee in payment for non -basic service provided
over its system by franchisee.
4.10.230 Public easement. "Public easement"
includes, but is not limited to, any easement created by
dedication to the public, the City, or anv public entity,
for public -utility purposes or anv other ourpose wnatsoever.
4.10.240 Revenue Collector. "Revenue Collector"
means the Director of Finance of :he City or assignee.
4.10.250 Service area. "Service area, :Weans
that area of the City in wnich the franchisee is authorized
to construct and operate, and orovice service connections
for, a cable television system _pursuant to t:^e terms and
conditions of the franchise.
4.10.260 Subscriber or user. "Subscriber" or
"user" means any person or entity lawfully receiving for any
purpose any service of the franchisee's cable television
system, including the ultimate recipient or any distribution
of franchisee's service.
4.10.270 Subscriber revenues. "Subscriber
revenues" means any and all income, compensation, fees and
other consideration received directly or indirectly by
franchisee from the following sources:
A. Installaticn fees, disconnect and reconnect
fees and fees for regular cable benefits, including `he
transmission. of ;broadcast signals and access and local
origination channels, if any, derived from its operations
within the authorized franchise area;
3.. 3a5ic subscriber receiots;
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C. Non -basic service receipts;
D. Advertising receipts;
E. Lease receipts;
F. Income derived from per -program or per -channel
charges;
G. Any other income from any source derived from
franchise operations.
Chapter 4.12
GENERAL REQUIREMENTS
•
4.12.030 Continuation of orovisions. The
provisions or this Division 2, Insorar as t:ev are
substantially the same as existing ordi.n.ance provisions
relating to the same subject matter, shall be construed as
restatements and continuations thereof and not as new
enactments.
4.12.040 Provisions incorporated by reference. In�. 'a
addition to the teras and conditions set cut in this
Division 2, the franchise is granted under the same terms
and conditions ccntalned in Division _ c.f this Title, as lr
they were contained in this Division 2. Tn the event the
terms and conditions hereof conflict with the terms and
conditions of Division 2 of this title, the terms and
conditions hereof shall control.
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4.12.010 Title for citation. The ordinance
codified in Division 2 shah be known and may be cited as
the "Master Cable Television System Franchise Ordinance" or
r
"Master CATV Ordinance."
4..12.020 Purpose of Division. 2 .orcv,io:^.s. it
is the purpose of the ordinance ccairiec :. -..is :Di7131'on 2
to standardize practices in the cable television industry,
to provide for -he unified administration of cable
television franchises, to recuiate rates to the extent
allowable by federal, state and local laws when necessary
for the public good, and to regulate the ooeration or
franchises for the purpose or protecting and oromoting the
public health, safety and welfare in the interests of the
subscriber, franchisee, and the public.
•
4.12.030 Continuation of orovisions. The
provisions or this Division 2, Insorar as t:ev are
substantially the same as existing ordi.n.ance provisions
relating to the same subject matter, shall be construed as
restatements and continuations thereof and not as new
enactments.
4.12.040 Provisions incorporated by reference. In�. 'a
addition to the teras and conditions set cut in this
Division 2, the franchise is granted under the same terms
and conditions ccntalned in Division _ c.f this Title, as lr
they were contained in this Division 2. Tn the event the
terms and conditions hereof conflict with the terms and
conditions of Division 2 of this title, the terms and
conditions hereof shall control.
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4.12.060 Statutory provisions applicable. All
franchises for a cable television system shall be granted
pursuant to Section 53066 of the Government Code of the
state of California.
4.12.080 Rights reserved to the City. A. The
rights reserved to the City under this.Division 2 are in
addition to all other rights of the City, whether reserved
by this Division 2 or authorized by law, and no action,
proceeding or exercise of a right shall affect any other
rights which may be held by the City. Franchisee, by
acceptance of the franchise, agrees to be bound thereby and
to comply with any action or requirement of the City in its
exercise of any such right or power.
B. City shall have the right to waive any
provision of the franchise, except those required by federal
or state regulation, if the Director determines:
so; or
1. That it is in the public interest to do
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4.12.090 Terms and conditions cenerallv. Every
=ranc:^.ise Granted by the Citv_ aster -e effective date of
this ordinance, to construct from time to time and, for the
period covered by t_^.e francnise, to maintain and operate a
cable television and to maintain, operate, renew, repair and
remove lines and cables for the transmission of television
and radio sicnais, tocether with all appurtenances and
service connections necessary or convenient for the
crovision of a cable television system in, under, along or
across anv and all service areas, nig^ways, pubiic
orcnerties and public easements, except as otherwise
provided in tne�ordinance granting the franchise, shall be
granted uoon and be subject to the rules, regulations,
restrictions and terms and conditions of this Division 2,
and the rules, regulations, restrictions, terms and
conditions set forth in the ordinance granting the
Lranchise.
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2. 'What the
enforcement of such provision
will impose an
undue hardship_
on the franchisee or the
subscribers.
C.
The Citv shall have
the cower and richt at ail
times for the
duration cf the
francnise to require
franc.isee to
conform to rules
and reculations Governing t:
^e
operation of cable
television
systems now or hereafter
adopted by the
City Council.
•
4.12.090 Terms and conditions cenerallv. Every
=ranc:^.ise Granted by the Citv_ aster -e effective date of
this ordinance, to construct from time to time and, for the
period covered by t_^.e francnise, to maintain and operate a
cable television and to maintain, operate, renew, repair and
remove lines and cables for the transmission of television
and radio sicnais, tocether with all appurtenances and
service connections necessary or convenient for the
crovision of a cable television system in, under, along or
across anv and all service areas, nig^ways, pubiic
orcnerties and public easements, except as otherwise
provided in tne�ordinance granting the franchise, shall be
granted uoon and be subject to the rules, regulations,
restrictions and terms and conditions of this Division 2,
and the rules, regulations, restrictions, terms and
conditions set forth in the ordinance granting the
Lranchise.
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4.12.100 Franchise grant not exclusive. The
granting of the franchise snail not be construed to prevent
the City from granting any identical or similar franchise to
any person other than the franchisee.
4.12.110 Acceptance of franchise. The
franchisee shall, within 30 days after the passage of the
ordinance granting the franchise, file with the City, an
express and unconditional written acceptance of the terms
and conditions of said ordinance.
4.12.120 Term of the franchise. Unless the
ordinance granting the franchise provides otherwise, the
term of the franchise shall be 15 years.
4.12.130
reauirements.
Insurance and indemnification
A. 1. The franchisee shall, at its sole
expense, indemnify, defend and save harmless the City, its
agents, officers and employees from and against anv and all
liability, expense, including defense costs ana legal fees,
and claims for damages of anv nature whatsoever, including
but not __mired to, bodily injury, death, personal _.jury,
or orooerty damace, including property_ of _he -franc -see,
arising from or connected with either directly or
indirectly, --francnisee's activities, ooerat-ors = -zervices
hereunder, including any Workers' Compensation suits,
liability or expense, arising rrom or connected witn
services performed on behalf or francnisee by any person
pursuant to this franchise.
2. Nothing herein shall be deemed to
prevent the parties indemnified and held '-artless from
participating in the defense of any litigation by their own
counsel at :he franchisee's sole expense. Such
participation shall not under any circumstances relieve the
franchisee from its duty or defense against 'iabi itv or of
paying anv judgment entered against such companv.
B. Without limiting franchisee's indemnification
of City, franchisee shall provide and maintain at its own
expense during the term of the franchise, the following
programs of insurance covering its operations hereunder such
insurance sh.ail be provided by insurer(s) satisfactory to
Director and satisfactory evidence of such programs shall be
delivered to the City, on or before the effective date of
the franchise. Insurance policies and certificates
evidencing coverage shall name the City, its officers,
agents, and employees as additional insureds in respect to
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franchisee's operations under the franchise. Such evidence
shall specifically identify the franchise and shall contain
express conditions that City is to be given written notice
by registered mail at least 60 days in advance of any
modification or termination of any program of insurance:
1. Liability. Such insurance shall be
primary to and not contributing with any other insurance
maintained by City, shall name the City, its officers,
agents, and employees as additional insureds, and shall
include, but not be limited to:
a. Comprehensive General Liability
Insurance endorsed for Premises -Operations, Products/
Completed Operations, Contractual, Broad Form Property
Damage and Personal Injury,with a combined single limit of
not less than $1,000,000.00 per occurrence. If the above
insurance is written on a Claims Made Foran, such insurance
shall be endorsed to provide an extended reporting period of
not less than five years following termination of the
policy.
b. Comprehensive Auto Liability
Insurance endorsed for all owned, non -owned, and hired
vehicles with a combined single limit of at least
$1,000,000.00 per occurrence.
C. Said amounts of coverage shall be
subject to review and adjustment by the City, at Ci y 's sole
option, at any time during the term or the franchise. :n
the event of such adjustment, franchisee agrees zo provide
such amounts as are determined by City, within 30 days after
written notice to do so from the City.
2. Workers'.Ccmnensation. A program of
Workers' Compensation Insurance in an amount and form to
meet all applicable requirements of the Labor Code of the
State of California, including Employers Liability insurance
with a S150,000.00 limit, covering all persons providing
services on behalf of franchisee and ail risks to such
persons under the franchise. Franchisee may provide, if
applicable, a certificate of consent to self -insure, issued.
by the Director of Industrial Relations of the state of
California. Should franchisee utilize the self-insurance
provision of this section, and franchisee's certification of
consent to self -insure expire or be revoked, franchisee
shall be recuired to provide a program of Worker's
Compensation Insurance prior to or upon said expiration or
revocation.
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C. Franchisee shall furnish the Director, prior
to commencement of any franchise operations, either
certified copies of said policies rec_uired bv-subsection B
of this section, or a certificate of insurance for each of
the required policies executed by the company issuing the
policy, certifying that the policy is in force.
D. No franchise operations shall commence until
franchisee has complied with aforementioned provisions of
this section, and any such operations shall be suspended
during any period that franchisee fails to maintain said
policies in full force and effect.
E. It shall be the franchisee's obligation to
provide evidence of current insurance policies.
4.12.140 Performance bond recuirements.
A. On or before the effective date of the
ordinance granting the franchise, franchisee shall furnish
the Director with a bond, oavable to the City, in a form and
executed by a corporate surety acceptable to City and
licensed to transact business as a surety in the state of
California. Such a bond shall be maintained in Lull force
and effect at all times during the term of the franchise and
shai_ be in favor cr the Citv in -he penal sum of
550,000.00, or such other sum as may be snecificaily
provided for in the ordinance granting the franchise. Said
bond to be conditioned upon faithful perfor.-nance by
franchisee of the terms and conditions of the francnise and
-shall provide that, in case of anv breach of condition of
the bond, the whole amount of the penal sum snail be deemed
to be licuidated damages and shall be payable to the City by
the orincioai and sureties of the bond. If said bond is not
filed as aforesaid, the award of the franchise may be set
aside and the ordinance granting the franchise repealed and
anv money paid in consideration for said award of franchise
shall be deemed fcrfeited. The performance bond may be
required in addition to a letter of credit or establishment
of+a security fund. The rights reserved with respect to
said performance bond are in addition to all other rights of
the Citv.
3. The amounts of said bond shall be subject to
review and ad4fustment by the City, at City's sole
discretion, at any time during the term of the franchise.
In the event of such adjustment, franchisee agrees to renew
said bond, in an amount as determined by the City, with
sureties to be approved by the City, within 30 days after
written Notice to do so from the City.
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C. Said performance bond shall continue to exist
for one year following the Director's approval of any sale,
transfer, assignment or other change of ownership of the
franchise, or of the expiration or termination of the
franchise, only for the purpose of assuring franchisee's
faithful performance under the terms and conditions of the
franchise _prior to the date of approval of said change of
ownership, or of expiration or termination. The Director
may release said bond prior to the end of the one-year
period upon satisfaction by franchisee of all said
obligations under the franchise.
D. No franchise operations shall commence until
franchisee has complied with the aforementioned provisions
of this section, and any such operations shall be suspended
during any period that franchisee fails to maintain said
bond in full force and effect.
4.12.160 Grant and forfeiture conditions.
A. Any franchise is granted on the conditions and
shall be held and enjoyed upon each and every condition
contained in the ordinance granting the franchise and each
and every condition contained in this Division 2, and shaii
be strictly construed against the franchisee.
B. in addition to all other rights and powers
retained by the City under this Division or otherwise, the
City reserves the right to suspend or revoke and Terminate a
franchise and all rights and privileges of a franchisee in
the evert of a material breach of its teras and conditions.
in interpreting this section, material provisions shall
include all labeled as such and all others, which, under all
the facts and circumstances indicated, are a significant
provision of the franchise agreement. A material breach by
franchisee shall include but shall not be limited to the
following:
1. Violation of any material provision of
the franchise or any material rule, order, regulation or
determination of the City made pursuant to the franchise;
2. Attempt to evade any material provision
of the franchise or practice any fraud or deceit upon the
City or its subscribers or customers;
3. Failure to begin or complete system
construction, reconstruction or system extensions as
provided under the franchise;
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0 4. Failure to provide the types of
facilities, equipment or services promised;
•
5. Material misrepresentation of fact in
the application for or negotiation of the franchise.
C. The Revenue Collector, prior to anv suspension
or revocation and determination of the franchise, shall aive
to the franchisee not less than ten days' notice in writing
of any default thereunder. If the franchisee does not
within the noticed period begin the work of comoiiance or,
after such a beginning does not prosecute the work with due
diligence to completion, the City Council shall hol,1 a
hearing at which the franchisee shall have the riaht to
appear and be heard. Notice of said hearing shall be given
to franchisee not less than ten days before said hearing.
D. upon the conclusion of the hearing, the City
Council may determine whether such conditions are material
and essential to the franchise and whether the franchisee is
in default with respect thereto and may declare the
franchise suspended or revoked and terminated. No revoca-
tion and termination shall become effective Less than 30
days aster the City Council's decision to revoke and
terminate; and no lapse of time, expenditure or anv other
thing snai- be deemed to give the franchisee anv vested
right or interest in the continuation or :he franchise
granted.
�..12.165 Costs of tec�--ical assistance.
^ranch_see nal_ oav the costs _ncurred by the C__v for any
tec:^:nical assistance deemed-ecessary by :.^.e City for
obtainina independent verlficatlon of technical compliance
with all franchise imposed standards.
4.12.170 Sale,-ransrer, stock ransrer, lease,
assignment, hvoothecation or c.^.ance In control cr
f rano.^.ise -- Condi t i ons .
A. 1. "he _ranci^.isee shall not sell,
transfer, assign, lease, nvpothecate, oiace-in trust or
change --e control of the franchise cr anv part thereof,
except with the orior consent of -- e City Council, and after
oavment of the fees recuired by Section 4.14.025. The City
Council's consent snail not ce unreasonably withheld. As
used in this section, "transfer" includes stock transfer and
"control" includes actual working control in whatever manner
exercised.
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2. Franchisee shall inform the Citv
Council of any pending sale, transfer, lease, assignment,
hypothecation, placing in trust or change in control, except
as excluded in subsection B. Transferor and transferee must
file an application for City Council's consent to transfer
control of or assign the franchise as set forth in .
subsections D and E. Such applications shall be accompanied
by the fees required by Section 4.14.025(A) and shall be
signed by duly authorized representatives) and the
signature(s) acknowledged by a notary.
3. Franchisee shall file with the Citv
Council a certified copy of the duly executed instrument of
such sale, transfer, assicnment, lease, hypothecation, trust
or chance in control within 30 days of the effective date of
such sale, transfer, assicnment, lease, ;,vpothecation, trust
or chance in control. If such dulv executed instrument is
not filed with the Citv_ Council within 30 days after ^e
effective date of such sale, transfer, assicnment, lease,
hypothecation, trust or chance in control, then upon r -he
exD_iration of said 30 days, the franchise shay_ be sub4ect
to forfeiture and the City Council may, without notice, by
ordinance reveal the franchise.
4. As a condition to te rantire of
consent to such sale, transfer, assignment, _ease,
hvpothecat4on, trust or chance cont_.._, _ne C. C:,'InclI
may impose such additional terms and ccnditicns upon t -,e
franchise and upon the crantee cr assicnee wnicn t::e Co::ncil
deems to be in the public Interest. Such addi _oval ter..:s
and conditions shall be expressed by erZinance. iothina
herein contained shall be const --.:ed tc rant t:, _ne
franchisee the right to sell, transfer, assicn, lease,
hypothecate, place in trust or chance control of the
franchise or any part thereof except in the manner
aforesaid. This section applies to anv assicnment, whether
by operation of law, by voluntary act cf _^:e franchisee, or
otherwise.
4.12.180 Report recuirements.
A. The franchisee, during the term of the
franchise, within 60 days after the expiration of each
calendar vear, shall file with the Revenue Collector, one
copy to each, of a rep_ ort verified by the cat:,. of t: -:e
franchisee, or by the oath of a duly authorized
representative of the francinisee, setting forth in detail
the ccmD_utation of the amount of the franchise payment due
for the immediately preceding calendar year For each
physically separate transmission and distribution system,
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is
an portion of which is locate within o
y � d thin the franchise area,
the report shall contain:
1. A detailed profit and loss statement
showing all gross receipts and expenses derived from the
franchisee's franchise operations during the reporting
period.
2. The total number of service connections
in operation as of the last day of the calendar year.
B. Franchisee shall also provide on request such
additional data as is reasonably necessary in the opinion of
the Revenue Collector to calculate or verifv the calculation
of the annual payment required by Section 4.16.010.
C. File with the Revenue Collector a report in
duplicate showing:
1. The oermit "umber of each permit
obtained for the doing of any work under the franchise for
which a permit is required during the immeaiately preceding
franchise report period;
2. The lineal `engt. of fines and cables
installed pursuant to each cermiz curing -:e im.meaia-eiv
preceding franchise report period.
D. The City reserves the power -o assess a
penalty of $250.00 per day for eac^ day bevond -he reporting
period that the franchise rails to --,-,-,e any report required
by this Section 4.12.180.
4.1-2. 190 Liabi_ity and I'ndemnif=ca�i�n
A. Franchisee shall indemnifv and hold Citv_
harmless from and against anv and all loss, damages,
liability, claims, suits, costs and expenses, including
reasonable attorneys' fees, regardless of the merit or
outcome of any such claim or suit, claimed or arising from
any negligent or intentional act or omission of franchisee,
its officers, empicvees, agents or subcontractors, arising
from activities or work conducted pursuant to -he franchise.
3. Franc:^isee shall _ndemnifv, defend and save
harmless the City, its officers, agents and employees, from
and acainst anv and all claims and losses whatsoever,
including reasonable attorneys' fees, accruing or resulting
to any and all persons, firms or corporations furnishing or
suppiving work, services, materials, equipment or supplies
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in connection with activities or work conducted or performed
pursuant to the franchise and arising out of such activities
or work, and from anv and all claims and losses whatsoever,
including reasonable attorneys' fees, accruing or resulting
to any person, firm or corporation for damage, injury or
death arising out of franchisee's franchise operations.
4.12.200 Additional terms and conditions. In
addition to the provisions of Section 4.12.170, any time a
franchisee applies for a change in territory, service area,
or bonding, the Council may impose such additional terms and
conditions upon the franchisee and upon the grantee or
assignee which the Council may deem to be in the public
interest. Such additional terms and conditions shall be
expressed by ordinance.
4.12.210 Permit required for certain work.
Notwithstanding the granting or a rranchise, the rranchisee
shall not be authorized to do anv work under the franchise
for whic:- the issuance of a permit is reQuirea unless such a
permit is issued for such work.
4.12.230 Purchase of franchise orccerty by City.
A. The Citv upon termination or=crfeiture of the
franchise, or at any time during the -era of -he franchise
or, after five vears from the effective date of the
ordinance granting the franchise, snail nave the option to
ourc^ase ail or part of the franchise oroD_ ert•.,, .:Don Taring
reasonable comnensaticn tnereror. City's _-ant to ourchase
the franchise orcoerty hereunder shall not be construed as a
waiver of anv other rights City may nave. t: ^.e event the
City elects to purchase the franchise oronerty in accordance
herewith, the compensation shall be comoutea as orovided in
Part 3, Title 7, Chapter 9, Article 4 of the Code of Civil
Procedure of the state of California, provided further, that
such purchase shall be at an eouitable price, which shall
not include compensation for loss or goodwill or any
valuation of the franch4 se itself or of anv of the rights or
orivileges granted by the franchise. Other terms and condi-
tions of the sale shall be mutually agreed upon by the
parties.
Ifa renewal of saidfranchise is denied, any
accuisitic: of the cable system by the City Snail be at Fair
market value, determined on the oasis of the cable system
valued as a Going concern but with no value allocated to the
franchise itself.
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C. In the event the franchise is revoked and
terminated and the City elects not to purchase the franchise
property.hereunder., franchisee agrees to waive all claims
for damages or compensation which it may have against the
City as a result of such revocation and termination;
provided, however, franchisee does not hereby waive its
rights to a judicial determination of the validity of such
revocation and termination.
4.12.240 Fair emniovment oractices -- Statutory
provisions incorporated by reference. Franchisee shall not
make any discrimination, distinction or restriction on
account of color, race, religion, sex, ancestry or national
origin contrary to the provisions of Section 51 of the Civil
Code of the state of California, which is incorporated
herein by reference. All applicable provisions of Sections
12900 through 12996 of the Government Code of the state of
California (California Fair Employment and Housing Act) are
hereby incorporated 'herein by reference. Franchisee further
agrees to comply with applicable antidiscrimination
provisions of Section 634 of the Cable Act.
4.12.250 Access to trenches.
A. In cases of new construction or property
development :where utilities are to be piaces rnderground,
franchisee(s) shall, if practical, install underground cable
at the same time and in the same _renc^es as zte public
imorovements (e.g., communications, electric, Cas, "Nater)
are installed.
3. A franchisee is notified of the date the
trenches are available and fails to install its ccnduit or
cable within five working days of the date the irenc^es are
available, and the trenches are thereafter closed after the
five-day period, the cost of new trenching is to be borne by
the franchisee(s).
C. The requirements of subsections A and 3 shall
not apply unless the property owner offers franchisee the
same terms with respect to availability and cost cf
trenching for undergrounding as are offered to other trench
users, if any.
D. In the evert that a subdivider, property
developer or an entity owned by, associated with or under
the control of a subdivider or developer has a franchise to
provide cable services to an area including its property
development(s), the franchisee shall be required to make
access to the utility trenches in the developments)
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available to all franchisees authorized to provide cable
services to an area including the develep_ment(s). Access
snail be provided at the same terms with respect to
availability and cost of trenching for under -rounding as is
provided to other trench users, if any.
4.12.260 Underaroundina of Cable. all Cable
and, to the extent possible, all additional=ac_1_t_es shall
be installed underground and in accordance wit: this ''itle.
Chapter 4.14
APPLICATION FOR FRANCHISE
4.14.010 Filing. Any person desir_nc a
rancnise fcr a cable television system shall =iia an
or_gLnal application and eleven ccpies with the cepartment.
4._4.015 ?roorletary information -ne ex-_'.^.:
pe --fitted by law, proprietary Information may Je {eot
Cin=ode.^.t'_a_. if ap_ orcoriatei v ident=f:ed. _n '-e el-'prit .7.r1
�pp__can� believes chat the _nformat_on _.. ... t i
--^appiicaticn should be treated ccnridenti`-__ :Dv --'-e
u
:-st so advise the deoart;ent by e --e- " oor
-
«__.. _-s app -1 -cation. I_` _t _s deter: -_neo by =..e -�ar
is not conr-dentiai, tn.e be
so not_f_ed and the _..formation w_1_ C_se
applicant at applicant's request.
4._4.020 Contents of appi_ca ._..
=p_1_cat_on for a franchise for a came te_ev_s_zn system
_..a__ be _n the form as approved by the Direct�r _nd Which
include _-formation regarding the desicnar= cf the
ec_f_c area to be served by "e francn_se, :dent_='_cation
of the applicant, financial information, __::asci.nc pian for
ase =erazion, construction scn.edule, orcocsec--narges to
suoscribers, proposed system conficurat_cn, f..__cast number
cf :tomes in service area, describe tecnnicai standards of
"e system, : het_^.er applicant is accuirina caner cable
systems, ability of applicant to meet ccnsumer needs, and
_tner irf at_cn required by the City.
4._=.025 _ranch_se orccess_n_- fee.
A. Upon submission of an ap_oiication, the
app cantjfranc,nisee shall cav to the revenue C;ilector a
-'
7c- refundable franchise processing fee as follows:
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1. Initial grant of franchise or renewal
of existing franchise:
a. Franchise area containing less than
1,000 homes: $ 1,000.00*;
b. Franchise area containing 1,000 to
5,000 homes: $2,500.00;
C. Franchise area containing 5,001 to
10,000 homes: $5,000.00;
d. Franchise area containing 10,001 or
more homes: $7,500.00, plus S1.00 Lor each home over 1-0,000.
*If the franchise area contains fewer than 100 homes
franchise T..av receive credit for ail cr a Dorticn of the
processing fee. Said credit shall be aDDiied to franchise
fee pavments recruired by Section 4.16.010. Grantina the
creait snail be at the sole discretion of _ne ccunc:._ and
shall be based upon economic or tecnnciogicai ccnsiaerations
soeciric to the franchise area.
2. Consent to sale, transfer,-ransfer
stock, assicnment, lease, hvpothecation`cr t_•_st of
Lrancn-se, not recru,ring mcaificat_on ne 7rancn_se o-;
adcDtion of an amending ordinance: S -,000.00.
3. cd_ricat_on -ecueszea o -i
franchisee recuirin.g -he aaoD_tion, of an arend_nc cra_nance.
S2,500.00.
4. Consent to sale, transfer, transfer of
stock, assicnment or '_ease, or any other act:cn requiring
mod=f_cat_oni o.'. _ranicn., se ^,y aacption ✓i an amenaina
ord-,ance: S2,500.00.
5. Modification of _ranchise resulting
from noncommiiance with one or more orovisions of- the
ranchise which reauires the adoo_t_-)n of an amendinq
ordinance: S2,500.00.
3. Applicant may be required toDav anv
additional costs incurred by City in the processing of
aopiicant's request for =ranchise, renewal, <<ociificatien,
consent to sale, transfer, transfer of stock, assignment,
lease, nvDctnecat4Lon or trust of franchise. Such costs may
include the costs incurred for hiring consultants to assist
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•
in evaluating the application. Such costs
shall be paid by
the applicant prior -to final consideration of the request by
the Director or the Council, as applicable.
4.14.040 Deposit of publication and notice
costs. Upon receipt of an application for franchise, the
Citv clerk shall estimate the cost of publication and
posting of the notice of hearing, as provided herein, and
shall notify the applicant of the amount thereof. No
further action will be taken on the application until the
estimated cost of publication and _posting has been deposited
by the applicant.
4.14.050 Public hearing -- Scheduling
prereQuisites. Upon receipt or the required deccsit,the
Clerk shall set the application for a o_ublic hearino before
the Citv Council. Notwithstandina the forecoinq, no
application for franchise shall be set _or Near:. _,nless
contains the information required by Secticn -4.14.020.
4.14.100 Postina and oublicaticn costs
cost of oublication and posting o= Notice of earina exceeds
the amcunt deposited by the ao_oiicant, `ne Cit; ^.al_
aDD1lCant =or the ceflclency. he aooiiCan_ snal, pay --ne
whole of such bill within 30 days G:ter rece` -hereof.
the amount of the deposit exceeds �e ccs: up_icat:on
and coszina ^:e City snall refund =^a ^e
applicant.
Chapter 4.16
COMPENSATION
4.16.010 Franchise =ee pavments C
A. As consideration for _he franchise cranted,
franchisee shall pay to tte Revenue Collector lawful
monev of the United States, during _ne __fe of the
franchise, or each and every year, inclucing the year of
arant_na __^.e franc.^.ise, accordi. , zC ::he "r=ncn!5e payment
period", =lye percent of its gross revenues derived from the'
authorized francn.ise service area(s).
3. Said franchise fee ,:ail be ccmpuzed as
follows:
'.
,ranchisee shall pay a minimum monthly
fee as orovided in -::e ordinance crant;ng the-ranchise;
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2. Annuallv the franchisee shallA Y a the
percentage fee of five percent of its gross revenues less
the total minimum monthly fee(s) paid during the franchise
payment period.
C. Franchisee shall make the monthly fee required
herein payable on the first day of each month during the
life of the franchise. Franchisee shall make the annual
percentage Dayment concurrently with the filing of the
reports required by Section 4.12.180.
D. Commencing January 1st after the first full
calendar year of operational service to subscribers, the
amount of the minimum monthly fee shall be subject to an
annual readjustment on each January 1st for the remainder of
the tern of t: ^.e franchise. Franchisee shall recalculate _^e
monthly fee amount to provide that said monthlv fee amount
snail be in an amount no less --.'-.an 90 percent of the t,tal
franchise Fee payment due to the City for tr.e oreceding
calendar -.ear, said 90 percent amount to oe prorated by -2
to determine the monthly Lee amount to be said during_ he
current year.
E. Anv overoavment of Franchise Lees oaid during
the orevious annual oavment Derica shall be creel: -ea to
Luture franchise Lees in succeeding francnise fee oavment
years, and s -al_ be .deducted -rcm t^e .?GP.tn_V FaE' a -Gun --s 0. -
annual cercehtaae amounts as reQuired by the ordinance
granting the Francnise. at such ti:te as cvernav;tent nas
been Daae, franchisee shall :,otiFy the City or=ranchisee's
to deduct anv said CverDayment�s)Current
mons:':ly fee amount(s) due and indicate ne sc^:eaul_^g of anv
such deduction(s).
F. =n addition to the foregoing, the C ' v
reserves the right to change its Lees if after a oublic
hearing it determines good cause is found and such action is
not in conflict with federal laws, LCC rules and regulations
or the laws of the State of California.
4.105.020 Initial construction charges. TIn
addition to the fcrec_ciac franchise fee cayments, the
_ranChiSee sail Day the -Revenue Collector, within 60 days
after the end of eacn calendar gear, during the life of the
_ancn_se, an _:,Lt_al construction charge for all new
construction during said calendar year, calculated at a rate
of S100.00 eer mile or Fraction thereof for ail lines and
cables laid during t:,e Drecedinc Franchise oayment period
within the autnorizea franchise service area.
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4.16.030 Incorrect aavments. In the event anv_
amount paid is incorrect in the judgment of the Revenue
Collector, it may order the payment of such additional sum
or sums as it may deem necessary.
4.16.040 Proration of oavments. In the event of,
abandonment of facilities with the approval of the City or
in the evert of removal of such facilities by the fran-
chisee, the eavments otherwise due the City for occuoancv of
the roads or highways by such facilities shall be prorated
for the calendar year in which such removal or abandonment
occurs as of the end of the calendar month in which removed
or abandoned.
4.16.050 Additional charge for late Davment. In
the event franchisee fails to maze anv eayments for :he
franchise on or before the dates due as hereinabove pro-
vided, franchisee shall oav as additional consicera:ion :he
feiiowina amount: a sum or money_ equal to 10 oercent or :he
amount due. For eac-, Deriod of '_ate cavment cf anv fee
extending bevond 30 days of the due date, in addi:icn to the
10 percent late payment charce, an assessment or _..teres:
shall accrue at ten ( 10 ) percent oer mon:'-:. 1-:e _�dced
charge(s) for late pavment shall be added :o, anc be due and
oavable with, the next succeeding pavmen,:. `the City s -al_
not be cblicated to notify the franc::^isee cf ^e
accum,ulaticn or late Davment cnarces.
4. -6 . 060 Reccrdkeepin.a--
Examir.ation authorized when.
fA. = ranC llsee spall keep and preserve, fSr a
period ofive years after ..he date of each franc -:se
oavment period, all records :ecessary to determine =ne
amount of such franchise fees or other payments due under
Sections 4.15.010 and 4.16.020. zranchisee, upon cemand by
Citv, shall make such records available for inscection and
audit by City or its authorized representative, w thin ::e
City. - - -
3. At all reasonable ..imes, :he franchisee snail
permit City, or L:s duly authorized representative, to
examine all preoerty of the franchisee erected, constructed,
laid, operated or maintained pursuant to the franchise,
tccetner witn anv aco=:enant prcoerty or r::C.^.:Sc�e,
and to examine, audit, and transcribe any and ail books,
accounts, papers, maps and other records kept or maintained
by the franchisee or under its control which relate to the
operations, affairs, transactions, property or Financial
condition of the franchisee with resoect to the franchise.
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Chapter 4.18
CONSTRUCTION OF FACILITIES
4.18.010 General requirements.
A. 1. The cable television system and all
franchise property and appurtenances shall be constructed
and maintained in an excellent condition, in conformity with
the terms and conditions of the Highway Permit Ordinance, or
anv other ordinance, rule or regulation now, or as hereafter
amended, adeo_ted or prescribed by the City, as may be
applicable. All work involved in the construction, opera-
tion, maintenance, repair and removal of the system snail be
performed with due diligence and using first-class
materials.
2. a. The franchisee shall at all times
comply with all current applicable laws includi.n.a but not
limited to the foilowina: National Zlectrical Safety Code
(National 3ureau of Standards); California Public Utilities
Commission General Order 95 and General Order 128; Standards
of Good Znaineerina Practices for Ieasurements en Cable
Television Systems (National Cable Television Association),
and FCC standards.
b. :n add__ic, nc^_see s' -all , meet
the standards submitted bv ::-e franc:isee, which shall- be
included the crainance cranti t -e :ranc.n.ise
3. 7= at any ti.,:e, _t is determined by the
City or any other agency or authority of competent
]ur i sdiCt_on that anv Dart 3f -:^.e system, _ncludinQ, without
limitation, any means CSeC t0 distribllLe Signals over Or
within ..: e s_Jstem, �;s .^.armf;._ ro the health or safety of any
person, then franchisee shall, at its own cost and expense,
oromptly correct all Sucn conditions.
3. Franchisee shall_ not construct or install any
poles, conduits or ether cable television system facilities
on City highways until franchisee ^as secured the necessary
permits from the City.
C. Franchisee shall or --vide for at least a
50 -Channel minimum capability, witn return capability on as
many channels as possible .cased on the configuration of the
cable system, but with t:^e requirement of a minimum of
return capability on four c:^anneis.
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0 4.18.020 New installations or replacements.
A. New installations or replacements of franchise
property and appurtenances and all other facilities neces-
sary for the installation, operation, maintenance and safety
of .the cable television system shall be laid and maintained
only pursuant to permit issued by the department. All such
installations or replacements shall be reviewed by the
Director as to the most desirable location in the roads,
highways or public easements of the City, and the decision
shall be final and binding on*the franchisee.
B. The provisions of this Code shall apply to all
work performed in City rights-of-wav and City easements in
connection with the franchise. All transmission and
distribution lines and cables within Citv richts-of-wav and
Citv easements shall be laid and installed underground
except where franchisee produces written evidence of
permission to utilize existing pole systems, or where the
Director finds that the remoteness or the area or other
conditions Justify exceptions to the rule.
4.18.030 Hichwav work -- Terms and conditions.
The work of constructing, Laying, repiacrng, mainta_ning,
recairina, abandoning or removinc allfranchise oroper-v and
appurtenances 'n, over, under, along or across any h-enway
shall be done to the sat_sfact_on of -ne D_rec-.,_ a -t _ne
expense or -.e franchisee, and in accorcance with ail terms
and conditions of this Code.
4. _8. 040 Plan of service area -- Reoor..s and
mars. ,within 60 days from the effective care o the
ordinance grantina the franchise, -ne=ranchisee snail
submit to the Director a pian for desicnated service within
the authorized service area of the franchise indicatina the
date on which franchisee expects the installation of the
sys-em will be como_ieted and available for service -o
subscribers in the various oarts of said area. The pian
shall include a map which details the phases, any, of
construction. Franchisee shall furnish the Director with
mcntnly progress reports. T_".ereaf-er, franchisee shall
furnish mass indicating in detail the 'location of the
existing construction, and olanned construction, if any,
within 30 days of request by the Director.
4.18.050 Semi-annual completion statement. The
_rar.c:^.isee, during the oeriod or construction shaii submit,
semiannually to the City a summary of t.e total Number of
service connections in operation during the preceding six
ca�e^:dar :nontns.
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4.18.060 Relocation of franchise property and
appurtenances.
A. The City reserves the, right to change the
grade, to change the width or to alter or chance the
location of any highway over which the franchise is
granted. If any of the franchise prcperty or appurtenances
heretofore or hereafter constructed, installed or maintained
by the franchisee pursuant to the franchise on, along,
under, over, in, upon or across any highwav are located in a
manner which prevents or interferes with the change of
grade, traffic neeas, operation, maintenance, improvement,
repair, construction, reconstruction, widening, alteration
or relocation of the highwav, or anv work or mp_revement
upon the highwav, the franchisee shall relocate permanently
or temporarily_ any such franchise property or appurtenances
at no expense to the City upon receipt cf a written request
from the Director to do so, and si-:ail commence such worx on
or before t:e date sceci-ried in such written recuest, which
date snal- oe not less than 30 days from rece'_pt of sucn
written request. Franchisee shall thereafter dillcentl"i
orosecute such work tO ccmniez_On; snould f_c::^.Chisee necleCt
Or fail to '_"elocate yt5 =dClli 1e5 in d __ e_7 -annex a=ter
receipt of anv such notice, _ranc"isee snail ce resoonsiOle
ter andSna „ reimbursethe City fcr anv and ail acd--_cna_
costs cr`p.n.
exeses incurred by county due or
from such de_av _n relocation cf facilities.
3. The C_tv reserves t- I - :e _ _ t c c n s __ ccn
repair, alter, r2lOcate and -aintain � pS �_aCe �r ether
=aCi_i__eS Or _m)rcvelents Or
an,; zvoe OreSCr_pt'_On Ln d
gover..aenta_ out -or- 'Drcpr_era y7 CapaC_ :J N_ -:1_.n. E'
n,ianways over wh-, cn the franchise iS cranteai. City
rinds tnat - the _ccat_on cr relecati_n cL Sucn _-ac_iit_es or
_.;jprcvements conll_..ts wit^ the=ranch_se prcperty or
appurtenances '_aid constructed or maintained under the
franchise, whether suer,franchise prcper_v was _a�d,
constr'-lcted or ^ain::_=_Wed be=.;re or alter the facii_t_es of
the Ci.y were laid, the=rancr,isee of suc^:=ranchise shall
at no expense to the City on or before the gate specified in
a wri,.ten request flan the rector, w . 'I:. c 14aze snail not be
less than 30 days after the receipt cf suer, notice and
recuest to do so, ccrmence work to chance tr,e location
either permanently or temporarily of all franchise property
c^:d appurtenances sc conf_ic__nc wit.. suer, _Tprovements to a
pert;anent or temporary Location -n said :^ia;:ways, to be
approved by the airector; ana thereazter diligently
prosecute such work to ccmpletion. Snouid-rancnisee
aeelect or =ail to relocate ..ts Zaciiities in a timely
:Wanner after rece-ct 3f any such ^otice, franchisee shall be
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'T'BM/TITLE4
responsible for and
additional costs or
resulting from such
4.18.070
•
shall reimburse the Citv for anv and all
expenses incurred by the Citv due to or
delav in relocation of facilities.
Removal or abandonment of facilities.
A. At the expiration, revocation or termination
of the franchise or of the permanent discontinuance or the
use of all or a portion of its franchise Drooerty, the
franchisee shall, within 30 days thereafter, make written
application to the Director for authority either to abandon
all or a portion of such franchise orooerty in place; or to
remove all or a portion of such franchise property. Such
application shall describe the franchise oroo_erty desired to
be abandoned and its location with reference to City
highways, and shall describe with reasonable accuracy the
physical condition of such franchise proper --y. _`:e Director
shall determine whether anv abanconmen_ or removal wnlc.n. _s
thereby proposed may be effected wic^.out detriment to =he
public interest and under what conditions such orecesec
abandonment or removal may be effected. The Di_ector snail
then. ^:o_1fv the franchisee ofL his determi:,acions.
3. Within 30 days after receio:. ..Z such notice,
the =_anc ,-see shall appiv for a per.:,!_ from -r:e cec_,art-enL
to aba.ncon or remove franchise properry.
C. The=ranchis.ee shall, wit.... 60 cans after
obtaining such oer..,_t, commence _nd di__:_ent�v prosecute -o
comnietion the worK authorized by t o permi=.
4.18.080 Costs or Remova_ -a_c Ov Gran-ee.
A. if any faC'eS tC be aoandoned n Place"
sub"ect to prescribed condir4ons snail not oe abandoned in
accordance wlth ail such con.diticns, the directCr may make
additional aoorOD_ riate orders, i .cludl.^.Q_ an order ..::at the
-ranchisee wall remove anv or all SUC.^. e
franchisee shall comoiv with such additional orders.
3. in -ne ever._ that the franc::^isee _`ails to
comply with the terms and conditions of abandonment or
removal as may be recuirec by this Division 2, and within
such time as may be prescribed by the Director, then the
Ci -v may remove, or cause be removed, such tach_tiesat
t:ne franch-Lsee's exDense. '^e =ranc:lisee snail pay to the
=M/=TLE4 •
City the cost of such work plus the current rate of overhead
being charged by the City for reimbursable work.
C. If at the expiration, revocation or termina-
tion of the franchise, or of the permanent discontinuance of
the use of all or a portion of its franchise property, the
franchisee, within 30 days thereafter, fails or refuses to
make written application for the above-mentioned authority,
the Director shall make the determination as to whether the
franchise property shall be abandoned in place or remove'-
The
emovedThe Director shall then notifv the franchisee or- the
determination. The franchisee snail thereafter comply with
the provisions of subsections B and C of Section 4.18.070.
Chapter 4.20
SERVICE, RATES AND CONSUMER PROTECTION
4.20.010 Establishment and ur.^._snll:a
service -- rocedures and costs.
•
3. Within 90 da.vs after obtaining _ne necessary
permits, certifications and authorizations, f_anczisee shall
co,:mence construction and cable-eleva.-'
sien system.=ranc:.isee snail not if-_: -he Director and
revenue Collector, in writina within 7-0 days thereof of the
date of commencement of construction and instailation work.
C. Thefranchisee shall extend and complete "-tie
cable television system znrougheut the des_enatea service
area wi:h _
reasonable c:._ '= :,40 'loots a� er
ccmr)lvina with the reculrements of subsection A, franchisee
snail be capable of providing Dasic service to every
residence within the rrancInise service area notwithstandino
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A. Franchisee shall, within one year after
acceptance of franchise, obtain all necessary per^its,
certifications ana authorizaticns as may De recuired �_, cne
Conduct 0.:-' �-- bus_ness. =ranCn_See snail
Director and revenue Coilector when al s;:c.^.
authcr_zatLons and cer-, _icat_cns --ave -;een _:,t-_r:ea.
Should francnisee be unable to comp_ ly •wi -_. -ne roc _r PntJ
Or tnis subsect4on within the t:=.e spec:__ec ^ere:^, -ne
franchise herein granted sna!_ become _.na •;old anc
francnisee snail nave no _-ants_.7ideC
however, that City Council may for gocc cause snownby
franchisee grant extensions Gf time tG co^ply 'Nit^ -his
reculrement.
•
3. Within 90 da.vs after obtaining _ne necessary
permits, certifications and authorizations, f_anczisee shall
co,:mence construction and cable-eleva.-'
sien system.=ranc:.isee snail not if-_: -he Director and
revenue Collector, in writina within 7-0 days thereof of the
date of commencement of construction and instailation work.
C. Thefranchisee shall extend and complete "-tie
cable television system znrougheut the des_enatea service
area wi:h _
reasonable c:._ '= :,40 'loots a� er
ccmr)lvina with the reculrements of subsection A, franchisee
snail be capable of providing Dasic service to every
residence within the rrancInise service area notwithstandino
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•
the provisions of subsection D; provided, however, that the
City Council may for good cause shown by franchisee grant
extensions of time to comply with this requirement.
D. Upon a reasonable request for basic service to
any residence within franchisee's service area, franchisee
shall promptly furnish the requested service to such
residence; service shall be provided to a residence passed
by franchisee's cable plant within 30 days of request for
service. Notwithstanding the above, if the franchisee can
show that oermits or other authorizations must be obtained
or that the provision of such service is impractical,
technically unfeasible, economically noncompensatory or will
impose an undue hardshio_, the Director :nay waive or defer
franchisee's obligation to provide service to such
residence.
1. For purocses of determininc comoiiance
with the provisions of this section, and to provide for a
reasonable and nondiscriminatory oolicy governing provision
of cable service to franchise service areas, francnisee
shall orevide service to new subscribers at the normal
installation charge and menchiv rate for customers t^:at
classification under the following terms and conditions:
( 2 ) Where the Number of :^cimes to be
passed by such new extension cable piano bears t^:e same or
proportional ratio to t:ne total amount of new cable clang as
t.e average number oL homes gassed per mile of existing
cable plant; or
b. In the alternative, the ordinance
arancinc the may snec_fv :ne number of nomes -o be
passed per mile (for aerial and inderaround construction)
which shall recuire Mandatory provision or- service.
2. =n t::e event the requirements of
SL'bC_viS'_C.^. re ^ct mer, franchisee shall provide
service --- -ew s.:oscr_cers ac -ne normal mono:^iv :ace Lor
customers of that classification and :he instailaticn cost
oer Subscriber snail be determined as follows:
a. Within 1.0 days of request from a
ootentiai subscriber,=ranchisee sha-1 orovide a written
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a. (1) Where the new
supscriner, _s
located wit: -in 100
feet of existing aerial
or
trunk or distribution
feeder cable or a croup cf .0 or acre
new subscribers are
wit. is 1320 feet, or a
croup l30 .r
more new subscribers
are within 5280 feet;
and
( 2 ) Where the Number of :^cimes to be
passed by such new extension cable piano bears t^:e same or
proportional ratio to t:ne total amount of new cable clang as
t.e average number oL homes gassed per mile of existing
cable plant; or
b. In the alternative, the ordinance
arancinc the may snec_fv :ne number of nomes -o be
passed per mile (for aerial and inderaround construction)
which shall recuire Mandatory provision or- service.
2. =n t::e event the requirements of
SL'bC_viS'_C.^. re ^ct mer, franchisee shall provide
service --- -ew s.:oscr_cers ac -ne normal mono:^iv :ace Lor
customers of that classification and :he instailaticn cost
oer Subscriber snail be determined as follows:
a. Within 1.0 days of request from a
ootentiai subscriber,=ranchisee sha-1 orovide a written
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T3M/TITLE4
cost estimate to potential subscribers whose residence or
commercial place of business is located in excess of 100
feet from the closest trunk or feeder cable. This estimate
is to indicate franchisee's cost for labor and material _plus
10 percent for overhead costs for excessive footage from
energized trunk source and/or concealed wiring and/or
nonstandard underground drops. in addition, the estimate
may include the costs of use of utility poles for aerial
cable, if applicable.
b. In the event there are less than
the average number of homes per :.pile to be passed by cable
than are at present in the total plant, cable service will
be supplied at a cost based on the following formula for
both aerial and underground construction:
_. *Cost Der mile to const_.:ct = _ranc:isee's share
average homes Der mile in
plant'overhead or under-
ground as may be aDolicable
�1.
Cost Der ?1_e t0 COP.St_:Ct = C�s- '- = CJC--✓e
suoscr:pers requesting
serv4-ce
iii. Cost Der subscriber less = Su✓Scr_Jer':Z cost
franchisee's cost
*"COs.. Der mile -o cons t_,ct" means -..e - ley Dr_ce as
supplied by the Cable maP.uLact::rer O ne newest version of
ei _ ec_ui p gent Dresen. y be_. used =_ : ch_see _n the
system. Such cost to construc- will include the house
droos.
_ . The `rano:--see s a__ not be resnor.sible for
providing service Ln those areas-.eetinc the density
requirements herein or in the ordinance c_rantina -he
-franchise if the -franchisee is Drec_,_aed by _ne property
owner, instrument of record, Or contract -from providing
cable services or CCnS-._..ct_nc and _nsrall_ng _ac_lit_es and
equipment.
4.20.020 Service -o public facilities. -Franchisee
shall, upon wri--en recces- -from -he City, provide and
maintain, a.t no cost -o l._tv, at _?as- one cable televls_on
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•
Tale T-TLE4 t
drop and free basic service to each City facil' r
City facility, whether
an owned or a leased facility, facilities utilized by public
agencies with which the City contracts for services, each
law enforcement facility, fire station, public school or
other public facility located within the authorized
franchise service area.
4.20.030 Service to private nonprofit schools.
A. Franchisee shall provide and maintain, at no
cost to City or school, at least one cable television drop
and free basic service to each private, nonprofit school
site within the authorized franchise service area.
B. As used in this section, "private, non profit
schools" :Weans . sci.00is that satisfy the r eQ_uirements of
Section 12154 of the Education Code of the State cf
California, and which are exempt frcm taxation under Section
214 of the Revenue and Taxation Code of -ne State c
California.
4.20.035=mercencv override. The franchisee shall
inccroorate into _its caiDie television systemn r^e caoa.oilLt v
to cermit the City in times of emercencv to override _ne
aud`e der-icn of all channels simultaneousiv.. _n asci _icn,
`easibie, ne ranchisee may be requires _c cesicnate a
c::^an^:e_, which :-av be a ?EG charnel, -o be _sec
emercencv brcadcas-s of -both audio and -;ides. The
_rand^_see snacooperate with the�se �n:d
operation of z. -'e emergencv audio override System.
rancn_see s..u_1 cocperate with the C_' t:D ail
necessary eouiomen- in times of emercencv.
4.20.040 Interconnection pith cher systems.
A. The City reser-.7es the richt .o recuire_she
Franchisee
to interconnect its cable television system with
any other cable ,._levision system operating within -ne City.
For good cause shown, Citv may waive or serer this
recuirement to interconnect, or grant reasonable extensions
of time -o comply with this recuirement.
3. For the ouroose of this section,
"interconnection" shall be defined as recer)tion of or
conned -Ion to -".ose eiectrcnic signals which are delivered
to the _ranchised cable television system by any foreign
source =or distribution via rhe cable television system.
Such electronic sicnais shall be in a format acceptable
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T3M/T!--LZ4 •`
(within the state-of-the-art technology) for unattended
processing into radio frequency enercv for retransmission
into the cable television system.
4.20.050 Signal quality responsibilitv.
Franchisee shall retain full responsibiiity.for the quality
of cable television service to all recipients of
redistributed service (i.e., through microwave, master
antennae or satellite redistribution). Franchisee shall be
presumed to have retained such responsibility together with
all obligations arising from the franchise, including but
not limited to charges to the ultimate recipient for
service.
4.20.060 Compliance with FCC Rules and
Reculations. Franchisee shall at a-1 times comply with the
rules and regulations governing co,ununity antenna television
system (CATV) operations oromulgated by the :FCC.
4.20.070 Exclusive City .:se channel. 'ranchisee
shall dedicate one channel for exclusive use ov -he Citv.
4.20.071 Use of Facilities and EguiD~.en` rn
add_t_cn to exclusive C_ -v use cnanne_ as _rC._ ed _
Section 41.20.070, Franchisee shall orovide Citv w_t.. ane
facilities and equipment as necessary for ?FG
4.20.080 Public, educational andccve- -en-- .:se
(PEG) channels. - -
A. =n addition to exclus_';e City use cnanne_ as
provided =__ _n Section 4.20.070, franc:: -see s.ai_ _ec_ca_e
a minimum .,_ six channels for public, educational and
gover_.:-ent-_ uses. .-7 se of macn t_JDe ._ said cnanne-s sr:all
be :n acccrdar.ce pith City) policies and procedures. City
eser-: es _::e _ ig::t to change, delete cr amend such policies
and orccedures during the term of the franchise.
3. If =ewer than six PEG channels are to be
activated _ dally; , activation of channels beyond t:-iose
recuired for initial activation snail be according to a
formula whic, shall be expressed in t~:e ordinance granting
the franchise.
C. IChannels activated =or Dublic or
eCL'C3t4Onal dCCeSS uses shall contain dally notice of the
name, address and telephone number of the party to contact
for information regarding access uses, and advisemen^: that
other channels, __ any, are available for PEG uses. The
_anguage cl t..e notices s a1- be approved by :-e Revenue
0 -45-
TB.M/T I TLE 4
a $
Collector, prior to carriage and the notices _ e shall be
provided on a scheduled basis as determined by tle Revenue
Collector.
2. In addition, in the event that not all
PEG channels are activated and utilized for PEG uses, the
franchisee shall issue periodic written notice (at least
once a year) to subscribers informing them that additional
channels are dedicated for oubiic, educational and
governmental uses and are temporarily being used for other
programming purposes until needed for community and
governmental uses. Information shall also be provided
regarding whom to contact regarding PEG uses.
D. Franchisee may utilize DEG channels dedicated
C
or, but not yet utilized for, PEG uses, for orcgramming of
their choice until such Gime as utilized For PEG uses;
provided, however, that or --or _o f:rancnisee's use ..Z any
such PEG channel(s), franc^.isee give 60 days written notice
by cert:—f-ed mal- ..c -e Revenue C.,-_ect.._ suc. _se. ` 1,e
Revenue Collector shall aive franc^:see 60 cays cr_cr
wr,tten notice of _ntent_on zo .*se sucn channei(s) for PEG
use(s). Provided, .owever, should __anthisee t___ze suc^
channel (s ) wit:: orcara:rming which orcvides f..r local
advert -sine, Franchisee mall be recuirec z orcvide PEG
informational Notices as required in s::bsectL-on (C)(l) on
anv such c-annel.
Z. Under .t_l - zed PEG cha.ine_S, act •razed _zr PEG
uses may also be uti_i ized by franc^isee =zr co.t;pa_ible z-ioe
programming subject to _ales and p-rocecures _S-zacl_sced and
as may be modified by the Cizy = rcucncuz the term 3f z:e
franchise.
F. Franchisee shall not be oermitted to use a
dedica=ed PEG channel czher c^.an: el caoaci_v on _::e
system has not been pregra=ed.
G. The Revenue Co_lectcr tray for Good cause waive
or modify the requirements of zhis section.
4.20.085 PEG orcvisions -- Not fee cr oavments in
kind. Franchisee shah agree :.-ac zhe orovision of _PEG
channels, free cable dreo, free basic service, equipment and
emergency services, as specified in Sections ".20.020,
4.20.030, -.20.035, -.20.070, 4.20.071, and 4.20.080, shall
not be ccnsidered as wiz -in the meaning 3f _::e term
"franchise fee" or "payments in ind" as used in Section
622(8) of the Cable .Act.
. -46-
TBM/TITLE4 •
• 4.20.090 Return capability for exclusive Citv use
channel and PEG channels. When required by the Revenue
Collector, franchisee shall provide return capability
channei(s) for use in connection with the exclusive City use
channel and/or PEG channel(s). Said return caD_ability may
be provided on PEG channels.
4.20.095 Leased access channels. Franchisee shall
provide leased access channels as required pursuant to
Section 612 of the Cable Act. Total system capacity shall
be calculated inclusive of PEG channels. Franchisee shall
submit information regarding leased access channel rates to
Citv when requested. Leased access channel rates shall be
available for public inspection.
4.20.097 Local public broadcasting channel
recuirements. To the extent authorized by law, every
franchisee shall carry a oubiic broadcast stat`on�s) on a
cable channel within channels 2 throuch 13, inciusive, or on
its current broadcast channel ide.^.tificationnumber, or on
cable channel number as otherwise agreed to by :he Peve.n.ue
Collector and the franchisee. Franchisee -av not c-ance _.-e
cable channel placement of th:e public broadcast stations)
wit -out the Revenue Collector's wr`tten
recuirement shall apply to ail -Franchises ranted,-e.n.ewea,
assigned or moo-,Zled aster the of-Fect`-.e ate : =he
ordinance codified in this section.
4.20.100 Standards for service
recru,
remenz_.
A. The Citv may rec_uire franc. -`see :c 4_el::er to
subscriber terminals to those television or^aacaSts and
caD_ecast signals which are now or ^.ereafter aUl ' ,r:7rd =-r
carriage by the FCC. The signals produced by the system
shall be f nigh qua -ii --y zhroughcut the system w:tn no
difference oerceptible to viewers whetter `n close preximit_v
t0 t: e nead-end or at r -he =art.^.est extension or the _-unK
line.
3. Franchisee shall distribute in color those
television signals which _c receives in color. The system,
as `nstalled, shall be capable of oassing standard black and
white and color video charnels with associated audio signals
wiz -out :taterial degradation and with no phase sift and no
effect on color -Fidelity and intelligence.
C. ,ranchisee shall render such service to
subscriber as will meet technical and performance
L of tie -franchise. At a minimum, _ranchisee
0 -47-
TBM/TITLE4
C
shall provide the broad categories of services and mix,
quality, and level of programming represented to the City in
the application and made a part of the franchise agreement.
2. As an aid to City in monitoring signal
strength and quality, franchisee shall provide City with
copies of all FCC Signal Performance Reports. Should the
FCC no longer require signal performance reports, franchisee
shall make and submit such performance tests and reports in
response to written request by the City. Any time the
signal does not meet FCC standards or the standards of
franchisee's application as incorporated in the ordinance
granting the franchise, franchisee shall make a pro rata
rebate, in money or in services, to each subscriber based
upon the percentage by which the signal fails below standard
and upon the length of time that such condition has
existed. Such rebate shall be made to the satisfaction of
each subscriber, or of City if agreement with the subscriber
cannot be reached.
D. Franchisee shall provide program origination
if so recuired by the FCC or the ordinance granting t:^,e
franchise.
E. Franchisee shall render efficient service,
making repair oremotly and i:terruptinq service only 'tor
good cause and _or the shortest possible __ae; an,,, scheduled
interruptions, insCfar as possible, shall oe oreceaed by
notice given to subscriber at least 24 .^_O'urs InaGVai.Ce and
shall occur Curing pericas or minimum use the system.
F.ranchisee must retain and '-ave available
emergency personnel capable of perfcrming emercencv repairs
and maintenance 24 hours a day, every cav, incl�aing
weekends and hoiidays. The Revenue Collector may waive or
mcdi=v tris recuirement if =ranchisee can demonstrate that
It is not economically feasible to provide such emergency
oersonnel.
G. Franc:nisee shall notify the Revenue Collector
within 48 ^ours of when the cable television system is down,
when the system is havinc technical difficulties -which may
affect services to t,e subscriber, cr when franchisee's
telephone lines are out of service, in order that the
Revenue CCliector is able t0 advise nose suoscrioer who
contact the Citv due to inability to reach the cable
oneraticn Tn additicn, franchisee shall advise the Revenue
Collector, by telephone and in writing of all scheduled
M, which will cause disruptions to service, and of
any boraces _t Tore an =cur hours duration.
TBMjTITEE4
H. A line item on each bill to the subscriber
shall describe any credits for interruptions, and credit(s)
shall automatically be given on a pro -rata basis to any sub-
scriber(s) affected by interruption(s) of service for more
than two hour due to actions or outages under the control of
the franchisee, exclusive of scheduled repairs or
maintenance that franchisee has provided advance notice of
to subscriber; for such interruption(s) of service not under
the control of the franchisee, credit(s) shall be civen on a
pro -rata basis upon the request of the subscriber(s).
I. Franchisee shall maintain and upgrade the
system and services to reflect feasible technical and
economic developments occurring during the term of the
franchise which will benefit the public in terms of new and
more effective and efficient service and to orovide a
state-of-t^e-art cable television system whic:, meets ---e
interests and :needs of the cornrnuniLv du ---,ng :ne term of the
franchise.
~a -ch -see shall crovide and t:a- nra' 7,
continuous service to subscribers unless allowed t-:erwise
by the =CC. .ranchisee nav petition :ne =CC au_nor_ze
the suspension or abandonment of service -=n �7,cn
reasonable terms and conditions as may be o_escr:tec b•!
FCC. 1 coov o_ anv Such oetitlon snail oe ec
County enaineer Concurrently with L- ^.e --__-
W1Lh the FCC.
R. Don request of subscriber or :Dozen-'-
-subscriber, franchisee s: -all DrOvide a =rnin= ;be=_re �2
noon) or afternoon (after 12 noon) service Ca.. or _nStal-
lation appointment. Should franc::^.isee be --able =c .Keep t:ne
aceoi.--ment, subscriber shall ce hetiflea at =ne _�rliest
possible 000crtur:ity, and shall be resc^ed.:lec on a oricrity
basis.
Y.20.110=r.stallati�n -- Technical
documentazicn. Franchisee snail crovide _ne Revenue
COilectOr With complete technical COC :T:entaCiOi Of ^.e cable
television sv_ SCem as installed. Said Cocume.n-_aticn shill!
include, but is not limited to, .nead-ena equ'izment and
location, satellite location and tecf:nica- parameters, and
IC --he backbone cable routine but need not '_ncl;:Ge each
subscriber drOD. Slic- docum enzaticr, shah :e senC =0 t::e
Revenue Collector within 60 days of initiation of subscriber
service and shall be ':plated as necessary.
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4.20.120 Subscriber complaints -- Investiaati
on,
resolution and reccrdkeepina.
A. Response to subscriber complaints shall be
initiated within one business day of receipt and the
resolution of subscriber complaints shall be effected by the
franchisee not later than 'three business days after receipt
of the comDiaint. Should a supervisor not be available when
requested by a subscriber, a supervisor shall return the
subscribers telephone call at the earliest possible time and
in no event later than the end of the next business day. If
a subscriber has notified franchisee in writing that a bill
is in dispute, franchisee shall not terminate service
pending resolution of the dispute, nor shall the account be
turned over or reported to a collection aa_encv, provided
that the remainina balance of the bill is current. A bill
shall not be considered to be in cisp_ute solely bv_ reason of
nonpavTr.er.t by subscriber.
S. -icon comclaint by anv subscriber, =ranchisee
shall nave the burden to satisfy the Revenue Col_ec-or tnat
a sicnal is bei^:a delivered which is or surticient strenath
and quality to meet standards ccntained in the FCC _ 'es and
rea•,_at__-ns, as we:_ as the res :n e== ct cu_
City stanca_ -e _nq
_neu..e_... of the �ra.^.c:^.iso. The Revenue Ccl_ec-c_ ^av n
~ YT _ �c
cons_ce-rat_en of the complaint and ev_dence
=ranc-isee, order that t^e tranchisee -war; :ne apprcor_a:e
credit to the complaining subscriber.
C. Franchisee shall mainta_n a wr:tte, cc.:Lp_ai ..t
-record containing the to_lo,air: c _ntormat__...
1. Date and time of subscriber complaint;
2. Identification of the c0mp_lainant by
Name, address and telephone number;
3. Description of the nature of _'-e
complaint;
4. A record of when and what action was
taken by franchisee to resolve the complaint.
D. The complaint record shall be.keot at
_`ranchisee's local cffice for a oericd of _wo _year after
receipt of any such complaint. A copy of said comp;aint
record shall be submitted by franchisee to the Revenue
Collector upon francnisee's application 'for extension of
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0
service area(s), modification, transfer or renewal of
franchise and within 10 days following receipt of a written
request therefor from the Revenue Collection.
1. If required by the Revenue Collector,
said complaint record shall contain a semi-annual (through
June 30th and throuch December 31st) breakdown indicating
the total number of complaints received for the preceding
reporting period, and shall indicate the major
classifications of complaints as follows: construction,
billing customer relations/service, miscellaneous.
E. Throughout the term of the franchise,
franchisee shall maintain an outace loq showing the date,
approximate time and duration, lupe and probable cause of
all head -end, trunk or distribution line service=ail'.,res.
The log shall also include information relating to routine
testina or scheduled maintenance outages. �i COpV OL Sd1G
outage leg shall be submitted by franchisee to `:e Revenue
Collector within. 10 days following receio_t of a wri-ten
recuest therefor from the City.
4.20.122 Special --ests and ~epor-s. -+nen
complaints nave been :-Laae, evidence indicates an _..resolved
controversy or significant noncompliance wit:^ -.cmc iso
Standards, or when circumstances exist wnicn, ne
Judgment of ,...e Revenue Collector, cast ccuctc 'pcn -ne
reliabil_ty or quality of cable service, -ne P_even,.;e
Collector -lav recuire=ranchisee, at c;s-, -o
test, analvze and provide a written repo-: -ne
performance of _ne system. Said _epos s-__ .:e
to the Revenue Collec-or, no later -nan 111 says after
franchisee is notified, in writ_na, of -ne _=cu_red reo_cr.
and s -ail -.^.cluce -^e _`ol_cwing __.f=.at_on. nature or _4 4.e
cc'molalnts which precipitated the special -ests; what System
component was tested, _ne equ_pm.en-: ,sed, and procedures
emcioved in said testing; the results of such test; and the
met_.ca in which said complaints were rescl°,ed. -`e Revenue
I Collector nav require _pat tests and analyses be supervised
by an independent _prozessionai encineer acceptable -o the
Citv. The cost of such tests shall be borne by z,e
franchisee. The tests shall be forwarded to ,.ne Revenue
Collector with a report interpreting the results of the
tests and recommending actions to be taken.
2.20.124 Subscriber-erminal `est -ecuests.
^ranchisee shah, upon reasor.aoie reauest cr conoiaint by
subscriber, perform such tests as necessary at the sub-
scriber's terminal to establish whether a signal of
recuisi-e quality is being delivered to the subscribers
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TEM/ TITLL4
premises. The results of such test(s) shall be given to the
subscriber as soon as the test is completed and evaluated,
and in no.event later than 10 days after the test is
conducted. Results of such tests will be submitted to the
Revenue Collector, upon recTuest.
4.20.126 Periodic review of system quality. The
Revenue Collector shail nave the richt to conduct periodic
reviews of the _performance and quality of the system during
the term of the franchise. The record of subscriber
complaints, the record of performance tests and other tests
or surveys conducted shall be included in the review.
4.20.130 Notice and information to subscribers.
•
2. The availability of any devices requifed
by federal, state or local law, such as, but r:ct __mired to,
parental lock box device and a switcnir.g device ("ASB"
switch), and any fees or cnarces associated with receiving
tr.e devices;
3. The address, teleoi-:cne number and hours
of business of franchisee's focal office fcr service and
resolution of complaints for the _ranchise area;
4. _demi__ication e Cit,', including
address and telephone number, as t1ne re-ferral agency, in a
form of language to be orcvided by ..he Revenue Collector;
5. A separate, written notice containing
informnation regarcing protect_ori c: subscriber brivacv
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A. Prior to or at the time of installation,
franchisee shall provide each new subscriber witn written
information regardinc:
1. A listing of ail services, oac'{aaes and
rates.available at the time, including bii__na co dons and
dispute procedures, refund proceaures, and company ooiicies
regarding_ disconnection and reconnection services and
charges;
a. �f franchisee `:as __ac -ed _c 1fil�ze
y
,ne rLem charges for ranc:nice fees,
fees as permitted under Sect_�Dn 0-34 c` :ne Cable -c- -
_
such __st_nas, whether wr_tten or ora_, _..a__ ._sc_ose f 0
the bTospecz:_ve subscr_oer _.:e _'oral: ccs..s asscc_a,.ec Nl._..
receiving cable services. ?r_or _o _ne _ssuance _ env s�:cz
notices, a ccoy shall be submitted to the %evenue CciLecf'Jr
for review and approval of the noboes .
•
2. The availability of any devices requifed
by federal, state or local law, such as, but r:ct __mired to,
parental lock box device and a switcnir.g device ("ASB"
switch), and any fees or cnarces associated with receiving
tr.e devices;
3. The address, teleoi-:cne number and hours
of business of franchisee's focal office fcr service and
resolution of complaints for the _ranchise area;
4. _demi__ication e Cit,', including
address and telephone number, as t1ne re-ferral agency, in a
form of language to be orcvided by ..he Revenue Collector;
5. A separate, written notice containing
informnation regarcing protect_ori c: subscriber brivacv
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TBM/TITLE4 •
rights as specified under Section 631 of the Cable Act.
Said notice to subscribers regardinq protection of privac;
rights shall be issued in a separate, written notice at
least once a year thereafter;
6. Other aoprooriate information regardina
franchisee's system as required by the Revenue Collector.
B. Franchisee shall also provide a separate,
written notice to all subscribers eve-ry six months or as
required by the Revenue Collector, which identi-`ies the
department as required in subsection (A)(4).
1. Semi-annually, the Revenue Collector
shall provide the lanquage of the notice to be issued to new
and current subscribers. Failure to circulate the notice
every six months as required in t:^is sunsection 3 shall
result in th.e=ranchisee being assessed a fine of one dollar
per subscriber oer month until such time as notiL_cation is
made to subscribers as required.
,.20.1-0 local business of�ice
A. Franchisee Franchisee shall maintain a 'local business
rf_ce �i _n he C_ v and provide the Revenue ector
wit.'n _ne name, address and teleonone number cif- t^e person(s)
who will. act as -the franchisee's agents) rcr ceneral
anace: e. ^.t O- the System and to reCe'_Ve COTDia'_^ 'egarC�P.C'
--uality of service, equipment maI=unctions , and similar
Tatters. = ranchiSee shall advise City of a C:' a.n.ce of
franc.^.i See' s aeent (s ) wi trin five worKi-a days of any such
C..^.ante. :he local 3,f-ce:sha7' be Open to receive inquiries
or comp_faints from subscribers durinq normal business
hours. A toll-free phone number shall be available to all
subscribers located within ..he franchised area for the
reocrzlnz of service oroblems on a 24 hours oer dav, seven
days per weer, 365 days per year basis.
3. Franchisee shall orovide sufficient telephone
-nes, either adequately staffed or with answerinq
CaDdD1_it1l,arovidinq, at the. minimum, emergency referral
-53-
C.
1.
'.he notices required in subsections
(A)(5) and
(3)
of Section 4.20._30
may be _1ncludec _.. ^e
maiy_nq of
_^:e
subscriber's b____:a
statemen , ou: S -all not
be accompanied
by any promotional Macer!_:
IS.
2.
Franchisee s:^.al_
o ace _..e P.evenue
Collect.,_ en
a
ma__inc i_st for the
not_ces _equ_red _n
subsections
(A)(5)
and (3) of this
Sect_.. 4.20.130.
,.20.1-0 local business of�ice
A. Franchisee Franchisee shall maintain a 'local business
rf_ce �i _n he C_ v and provide the Revenue ector
wit.'n _ne name, address and teleonone number cif- t^e person(s)
who will. act as -the franchisee's agents) rcr ceneral
anace: e. ^.t O- the System and to reCe'_Ve COTDia'_^ 'egarC�P.C'
--uality of service, equipment maI=unctions , and similar
Tatters. = ranchiSee shall advise City of a C:' a.n.ce of
franc.^.i See' s aeent (s ) wi trin five worKi-a days of any such
C..^.ante. :he local 3,f-ce:sha7' be Open to receive inquiries
or comp_faints from subscribers durinq normal business
hours. A toll-free phone number shall be available to all
subscribers located within ..he franchised area for the
reocrzlnz of service oroblems on a 24 hours oer dav, seven
days per weer, 365 days per year basis.
3. Franchisee shall orovide sufficient telephone
-nes, either adequately staffed or with answerinq
CaDdD1_it1l,arovidinq, at the. minimum, emergency referral
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information. Franchisee shall return calls for services or
Complaints rece_ved dur_P.Q normal business hours within '-Our
business ..ours Or receipt, and shall promptly investigate
and resolve all calls for service and ccmpiaints. During
Periods when answering service or machine is used,
franchisee shall orcvide on-call personnel who shall_ contact
the answering service/ machine, at a minimum, every four
hours to check on requests for service and cempiaints.
C. =n order to determine whether sufficient
telephone _i..^.es are provided, the Revenue Collector may
require ::,,at a busy study, traffic study or other study be
conducted, at franchisee's expense, if any, by the local
telephone comoanv. Should franchisee have its own telephone
equipment which can report on telephone line(s) usage, the
franchisee may submit such reoort from its own systesn.
D. Should ^.e Revenue Col;ect :r cetera!_^e -"at
inSllffi fent telep,:0%e fines Or _naaegu'ate Staff eiStS,
francn_see snal_ -ake necessary ._eos 7:o ensure -nat
adecuate-eleo--ne 1 -:nes Cr sza--ing are avallaole =Or
normal, dally activIzies. Considerat cn shall be even -or
periods of oromcticnal activities or cutaces. The mon: nly
bi _ling perrc-a sha__ ce cc..srce_ed -s a ..,anal,
aCtlVltV -o_ pllrt)CSeS of Ce -e' 'li ,._ng 3Ceg"a-e-e_eCnCne
-es and/cr to - c
Y• L O• O � a- e s Q n d - a t e m a n g e s. _.r C e p t J _ -1
extent oree-otec D-; -ede_ _ _ State _ ws a _ecu__ :D."s,
zne orocedl.res and Standards Set -Ort.. :. t.._5 sec:_^..- spall
orevai l except as ^ec__rea by The ordnance cran_l:':c __.e
ranchise.
A. :or new and newly renewed franchises, during
the first year of operational service offered -o subscriber,
franc^_see snal_ charge a subscriber :o more -Cr 1-s
ser -:ices _han the rates and charces initially aoproved by
--:e z C ur:c__ when ar=_—_na z e -rancnise. _ ranc :_see
shall not change rates or charges unless such chances are
approved or authorized in t_^.e manner provided i
section.
3. 1. For existingfranchises and of-er `ne
first year of operative service to sudscriber, for new and
newly renewed franc.^.=ses, __ nc^isee shalt^:Calf=1
Revenue Collector of any proposed change in rates Or
c.^.araes. -he nctlflcat_on shall include a wrl-ten list
snowing the rates and charges Currently in effect and -he
orcoosed c.^.ances. The notice snall also incluae the
'uSt1-lcar-0on (S ) tOr t ,e proposed cnange (s) .
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T3M/TITLE4 •
1 11 "
2. Within 30 days after submission of
franchisee's proposed chances, the Revenue Collector, in his
or her sole discretion, shall either approve or disapprove
of the proposed changes, or any of them, and shall notify
franchisee of the decision. To the extent that any proposed
change is disapproved, the Revenue Collector shall set forth
in writing findings of fact for disapproval.
3. Franchisee shall not take any action to
chance rates or charges until authorized to do so by the
Revenue Collector, or as a result of an appeal taken as
indicated in this section.
C. Franchisee mav, within 10 days after mailing
of the notification of decision, appeal such decision to the
Citv Council. Upon receipt of the appeal, the Council :nav
take any one of the following actions:
1. Approve the decision;
2. Refer the matter back to -`:e Re,�enue
Collector with or without instruction;
3. Set the matter =or public ::ear_nc betcre
itself; such public hearing shall be held de novo as _= no
hearinc orevrousiy had been ^eld.
4.20.160 Notice -o subscriber -con- uance
se r V c =cr ncnoayrr.en rancn_see spa__ _ ro _ :e_-2ast
60 dans wr"__..en notice to a subscr,ber or_zr -z
discontinuance of service for ncn.pay.;�ent. The notice shall
contain the date, time and olace by which pay: -en- .rust be
made in order to prevent disconnection of service.
4.20.'_65 Restoration of service disconnected in
errc-- No c:.arce -z subscr_ber ---e event franchisee
hasimorcnerly or inadvertently disconnected cable services
to a subscriber, franchisee shall croviae r:cr restoration
without c: arae to subscriber within two business days of
discovery of disconnection.
4.20.170 Desicnation of franchisee -'e-es and other
line items on subscribers' sta-ements -- Reauired notices.
Franc:nIsee s_,ali n.oti_v s;:oscr vers at least 30 days prior
to the f__st _nc::s_on of _ranch_se =ees and/or otter 74 ne
items on their -statements, as oermitted in Section 622(o)
and (g) cf the Cable Act. Said notice shall explain the
election to use line :term designations and the effects such
designations shall :^.ave on the total costs associated with
receiving cable services. No sucI notice snail be issued to
_55-
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3
subscribers until the Citv has reviewed and approved the
notice. Any designation of franchise fees as a separate
line 'item on the statement shall use the term "franchise
fee."
4.20.180 Recuirements of notice of proposed
chances in rates, charces, tierinc or carriace. Whether or
not tne rrancnise is subject to rate regulation by the City,
franchisee shall provide notice to subscribers and the City
of chances in rates, charges, tiering or carriage as
provided herein:
y
A. Franchisee shall notify all subscriber, in
writing, of any proposed changes in subscriber rates,
charces, tiering or carriage at least 60 days in advance of
the effective date of such proposed changes. in no event
shall a subscriber be billed for service at the increased
rate or c^arge o -_or to the delivery of .he notification to
the subscriber.
E. Franc^_see shall not_. ..ne Revenue C01 lector,
in writing, of any proposed chances in subscr_ber rates and
charces, .._erinc or damace at 'east 90 cays aavance
the effect_ve date of such prcpcsea chances. _ne
notihr
ficat_onto the Revenue Collector seal: -.-c-',--de a -.
showina t
e aces and c: arses currently n e ect and ^e
procosed charges. Only those rates anc shares arm n
file with the decartment may be c^arced to suoscribers.
C. if it is imnract_cai or _.;.00ss_bie for
franc^.i see to crov_de above .^.ot_=ications c,, -:e -o condi tions
beyond franchisee's control, f-anchisee shall sive reason-
able notice to subscribers and the Revenue Colector.
D. in the event of a rate increase, retierina or
other change(s) in service by _ranc^isee, subscribers may
downgrade or disconnect service without charee; provided,
however, that charges may be imposed for failure to return
converter boxes, remote controls or other ecu_oment owned by
the franchisee.
4.20.190 Preference to certain subscribers
prohibited. Franchisee snail not brant any preference or
advantage to any person or group, nor subject any Derson or
group to prejuaice or disaavantage as to rates, charges,
services, service facilities, rules and reQuiations or in
any other respect relative to the rights granted under the
franchise. Nothing in this section shall prohibit the .
franchisee from offerinq.limited, promotional specials, nor
from cfferina bulk or discount billings.
-56-
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•
SECTION 2. The provisions of Section 1 of this
Ordinance specs tally supersede Division 3, Division 3a,
and Division 4 of Title 15 of the Los Angeles County Code
previously incorporated by reference into the Santa Clarita
Municipal Code.
SECTION 3. The City Clerk shall cause a summary of
this Ordinance to be published and a certified copy of the
full text to be posted in the office of the Clerk at least
five days prior to the City Council meeting at which the
proposed Ordinance is to be adopted. within fifteen (15)
days following the adoption of this Ordinance, the City
Clerk shall again publish a summary of the Ordinance with
the names of those City Councilmembers voting for and
against the Ordinance and the City Clerk shall post in the
office of the City Clerk a certified copy of the full text
of the adopted Ordinance along with the names of those City
Councilmembers voting for and against the Ordinance.
PASSED AND APPROVED this day of ,
1989.
•
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA
MAYOR
i, , City Clerk of the City of
Santa Clarita, do hereby cern y that the foregoing
Ordinance No. was regularly introduced and placed
upon its first reaEing at a regular meeting of the City
Council on the day of , 1989. That
thereafter, said Ordinance was duly a opted and passed at a
regular meeting of the City Council on the day of
, 1989, by the following vote, to wit:
•
9 V"w
0 ,
1
0
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
•
CITY CLZR-X-