Citrus Heights Municipal Code Div. 2 Issuance of Licenses

Applications for a license under the commission [shall be] upon a form as established from time to time for that purpose by the commission.

(Ord. No. 97-12, § 2(5.75.100), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)

Applications for a license shall include at a minimum:

(1) A clear description of the identity of the applicant, including but not limited to the name of the applicant, the address of the applicant, the nature of business entity;

(2) Copies of the policy or policies of liability insurance, including comprehensive general liability insurance products and contractors protective liability, broad form property damage, contractual liability, automobile liability (owned; non-owned and hired automobiles), workers compensation and employer liability required by section 90-724;

(3) a.

A clear description of the boundaries of the precise geographic area for which applicant seeks a license ("license area") defining the area by metes and bounds in terms of street name and direction; or

b. A map or maps of a scale of not less than one inch equals 1000 feet showing the license area boundaries;

(4) A calculation and certification of the initial penal sum of the performance bond which will be provided prior to the initiation of construction pursuant to section 90-721 or the election of the application to provide the alternative performance bond specified by section 90-722; and

(5) A service activation plan and schedule utilizing census tract or similar demographic data that demonstrates that the applicant will provide cable television services within the service area on a nondiscriminatory basis (racial/ethnic/economic), when evaluated beginning with the first anniversary of the issuance of the license and on a semi-annual basis thereafter. The format and reporting detail shall be subject to the approval of the commission.

(Ord. No. 97-12, § 2(5.75.102), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997; Ord. No. 2003-04, § 1, 7-9-2003)

The cable television commission shall issue all licenses for which applications are received unless:

(1) The application shall fail to comply with the provisions of section 90-567;

(2) Any license theretofore issued to any affiliate, subsidiary or parent of the licensee or any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee shall be thereupon in default as to any provision of this article or as to any provision of any license issued hereunder; or

(3) The applicant fails to submit a service activation plan and schedule that meets the requirements of section 90-567, as determined by the commission.

(Ord. No. 97-12, § 2(5.75.104), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997; Ord. No. 2003-04, § 2, 7-9-2003)

Upon the request of any licensee, the commission shall consolidate any designated licenses theretofore issued to said licensee into a single license having a remaining term of any license consolidated therein; provided that (1) the licensee shall have submitted a single bond for the consolidated license area pursuant to section 90-721 or a bond pursuant to section 90-722, (2) all licenses to be consolidated shall have been issued to the same licensee, and (3) no license(s) theretofore issued to the licensee, or any affiliate, subsidiary or parent of the licensee or any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee shall be in default as of the date of the application for consolidation as to any provision of this article or as to any provision of any license issued pursuant to this article. For purposes of determination of default pursuant to the foregoing sentence, no license which has been surrendered for cancellation shall be considered to be such a default.

(Ord. No. 97-12, § 2(5.75.105), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)

The term of all licenses issued pursuant to provisions of this article shall be 20 years.

(Ord. No. 97-12, § 2(5.75.106), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)

Any cable television system licensed pursuant to the provisions of this article shall provide equal and uniform cable television service and rates, charges and fees within the license area to all dwelling units which it serves, provided that a licensee shall be free to offer and/or charge nonuniform rates, charges and fees to those subscribers or potential subscribers to whom (a) cable television services are then presently available from another cable television provider offering such services pursuant to a franchise, license or other authorization issued by the commission, and/or (b) promotional subscriptions, or upgrade offers are made with the reduced or waived rate, charge or fee not to exceed 12 months for any subscriber for any given offer. Nothing contained in this section 90-571 shall be construed to require other than uniform rates, charges and fees nor to authorize any conduct referenced by the provisions of section 90-665.

(Ord. No. 97-12, § 2(5.75.107), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)

The applicant shall define a license area whose contour, so far as is possible, shall follow streets.

(Ord. No. 97-12, § 2(5.75.108), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)

If an applicant is a licensee, an affiliate of a licensee or controlled by a licensee, the commission may deny issuance of a license if the commission finds and determines that the issuance of any subsequent license and the geographic areas requested to be served may result or appear to result in an overall service territory for the licensee or its affiliates or controlled entities that discriminates against any community, neighborhood or geographic area for socioeconomic reasons.

(Ord. No. 2003-04, § 3, 7-9-2003)