Arcata Municipal Code Art. 4 Miscellaneous

The captions to sections throughout this Title are intended solely to facilitate reading and reference to the sections and provisions of this Title. Such captions shall not affect the meaning or interpretation of this Title.

Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Title or any Franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.

If any term, condition, or provision of this Title shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the Franchisee and the City.

A. Subscriber right to attach. To the extent consistent with federal law, Subscribers shall have the right to attach VCR’s, receivers, and other terminal equipment to a Franchisee’s Cable system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.

B. Removal of existing antennae. A Franchisee shall not, as a condition of providing service, require a Subscriber or potential Subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the Subscriber or potential Subscriber, or prohibit installation of a new antenna; provided, that such antenna is connected with an appropriate device and complies with applicable law.

A. No retaliatory actions. A cable communication system operator shall not discriminate among persons or the City or take any retaliatory action against a person or the City because of that entity’s exercise of any right it may have under federal, state, or local law, nor may the operator require a person or the City to waive such rights as a condition of taking service.

B. Employment and hiring practices. A cable communication system operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, sexual orientation, age, disability, religion, ethnic background, or marital status. A cable communication system operator shall comply with all federal, state, and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time.

A. Access to a cable communication system operator’s records shall not be denied to the City on the basis that said records contain proprietary information. Refusal to provide information to the City required herein, or required in a franchise or license shall be grounds for franchise revocation. Subject to applicable law, including the California Public Records Act, California Government Code Section 6250 et seq., the City shall keep any information which is marked “proprietary” or “confidential” (and, under applicable law, deemed proprietary or confidential) submitted by franchisee or licensee as required under this article or by a franchise or license (“information”) in confidence, as contemplated by California Government Code Section 6254.15. In the event that the City believes requested information must be disclosed, the City shall not disclose the Information or any part thereof to any third party, government agency or regulatory body seeking to inspect or obtain the information under a California Public Records Act request without first informing cable communication system operator of such request and affording the cable communication system operator the opportunity to resist such disclosure at its sole cost and expense. The City shall not be liable to cable communication system operator for any submission or disclosure of such information to a third party as required by applicable law or to a government agency or regulatory body seeking the information and claiming jurisdiction in any of these events. Nothing in this Section 4405 shall limit the right of the cable communication system operator to contest disclosure or submission to a third party as required by law or to a government agency or regulatory body asserting jurisdiction over it or such subject matter before such disclosure shall be effected.

A. Persons operating without a franchise. The operator of any facility installed as of the effective date of the ordinance codified in this title, for which a franchise is required under this title, shall have three (3) months from the effective date of the ordinance codified in this title to file one or more applications for a franchise. Any operator timely filing such an application under this Section 4406(A) shall not be subject to a penalty for failure to have such a franchise so long as said application remains pending; provided, however, nothing herein shall relieve any cable communications system operator of any liability for its failure to obtain any permit or other authorization required under other provisions of the City Code, and nothing herein shall prevent the City from requiring removal of any facilities installed in violation of the City Code.

B. Persons holding franchises. Any person holding an existing franchise for a cable communications system may continue to operate under the existing ordinance to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise; and provided further, that such person shall be subject to the other provisions of this title to the extent permitted by law.

C. Persons with pending applications. Pending applications shall be subject to this title. A person with a pending application shall have thirty (30) days from the effective date of the ordinance codified in this title to submit additional information to comply with the requirements of this title governing applications.