Clearlake Municipal Code Ch. XII Cable Communication Franchise

INTENT General Findings. Purpose. DEFINITIONS List of Defined Terms. Other Terms. PROGRAMMING AND CHANNEL CAPACITY Grantee Compliance. Initial Channel Capacity. Broad Programming Categories. Deletion or Reduction of Programming Categories. Leased Access Channels. Broadcast Channels. PEG Access. FRANCHISE -- REQUIRED AND DURATION Franchise Required. Description of Authorization. Duration. Owner Consent Required. Grantee’s Expense. FRANCHISE -- APPLICATION Filing. Application Requirements. Application Fee Required. Grantee’s Application Incorporated. FRANCHISE -- REVIEW OF APPLICATION Initial Franchise or Nonformal Renewal. Formal Renewal Applications. Standing Not Granted. Final Franchise Agreement Required. FRANCHISE -- CONTENTS OF PROPOSAL AND REVIEW Request for Proposal -- Requirements. Request for Proposal -- Authorization. Request for Proposal -- Instructions.

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Bid Bond and Deadline. Additional Information. LEGAL QUALIFICATIONS Legal Ability to Perform. Opportunity to Explain. Cable Act Renewal Provisions Prevail. LIMITATIONS OF FRANCHISE No Implied Rights. Reservation of Rights. NONEXCLUSIVE FRANCHISE AND COMPETITION ENCOURAGED Nonexclusive Franchises Only. Reservation by City. Exclusive Contracts for Cable Service Prohibited. Parity of Franchises. OTHER LIMITATIONS OF FRANCHISE No Expectancy of Renewal. Prior Lawful Occupancy Prevails. Delegation of Authority. Nonrecourse against City. Grantee Subject to City Police Powers. Public Interest Promoted. NO WAIVER Failure Not Waiver. Waivers Are Specific. AMENDMENTS TO ORDINANCE AND FRANCHISE AGREEMENT Ordinance Not a Contract. Amendment of Franchises. CONDITIONS OF STREET OCCUPANCY Installation - Location. Installation - Timing. General Construction and Operational Practices. Relocation of Facilities. Failure to Remove, Replace, or Restore. Removal or Relocation in Event of Emergency. Authority to Trim Trees. No Guarantee of Accuracy of Maps. Contractors.

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City’s Right to Purchase System. Transfer or Abandonment. TRANSFERS Prior Written Approval Required. Applications. City Response. Change in Control. Evidence of Transfer. Transfer Null without Authorization. SPECIAL RULES FOR OPEN VIDEO SYSTEMS Application for an OVS Franchise. MISCELLANEOUS Connections to a Grantee’s System; Use of Antennas. Warranties and Guarantees. Severability. Operation of a Cable System without a Franchise. Effective Date. PEG FACILITIES FEE STATE VIDEO SERVICE FRANCHISE Purpose. Rights Reserved. Compliance with Section. Definitions. State Franchise Fees. PEG Fees. Payment of Fees. Audits. Late Payments. PEG Channels. Lease of City-Owned Network. Customer Service and Consumer Protection Standards. Penalties for Violations of Standards. Construction in the Public Rights-of-Way. Permits. Participation with Other Utilities. Underground Services Alert. Emergency Alert Systems.

12-28.19

Notices. Exhibit A CABLE TELEVISION CUSTOMER SERVICE STANDARDS

An applicant for a grant of a franchise, franchise renewal, franchise modification, or franchise transfer shall, prior to the City’s execution of the aforementioned, provide the City either a cash security deposit or an irrevocable letter of credit. The security fund shall be in an amount to be determined by the City Manager, but not less than twenty-five thousand ($25,000.00) dollars and shall be from a financial institution in a form satisfactory to the City Manager. The amount of the fund shall be based on the scope of the applicant’s existing and proposed cable operations in the City, the applicant’s technical and financial qualifications, and the applicant’s history of compliance with its franchise agreements in the City and elsewhere. The security deposit or letter of credit shall be used to ensure the faithful performance of the franchise agreement; compliance with this Ordinance; applicable Federal, State, and local law; all orders and permits; and the payment of any claims liens, fees, or taxes due the City that arise by reason of the construction, operations, repair or maintenance of the cable system. The City may withdraw funds from the security deposit or make demand for payment upon the letter of credit for the monetary amount of any remedy imposed pursuant to this Ordinance or the franchise agreement. (Ord. #80-97, S20)

A franchise agreement may specify liquidated damages, for the City or third party beneficiaries of any franchise agreement. (Ord. #80-97, S22)

a. Franchise holder shall pay to the City, a PEG fee equal to one (1%) percent of gross revenues which shall be exclusively used to support the operation of PEG channel facilities. b. The City Manager shall prescribe financial accountability and reporting standards to which the City’s designated PEG facilities provider shall be subject in order to qualify for receipt of said PEG fees. c. Franchise holders shall remit PEG fees in the same manner as franchise fees as set forth in the Chapter. Each remittance shall be accompanied by a summary detailing how the PEG support fee was calculated. d. The PEG fee may be shown as a separate line item on the regular bill of each subscriber. e. If a franchise holder fails to pay the PEG support fee when due, or underpays the proper amount due, the franchise holder shall pay interest at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one (1%) percent of the maximum rate specified by State law. (Ord. #2012-151)

The cable operator will maintain a local, toll-free or collect call telephone access line which will be

available to its subscribers 24 hours a day, seven days a week. (A) Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. (B) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day.

Under normal operating conditions, telephone answer time by a customer representative, including

wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis.

Customer service center and bill payment locations will be open at least during normal business hours

and will be conveniently located. 2. Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis:

Standard installations will be performed within seven (7) business days after an order has been placed.

“Standard” installations are those that are located up to 125 feet from the existing distribution system.

Excluding conditions beyond the control of the operator, the cable operator will begin working on

“service interruptions” promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem.

The “appointment window” alternatives for installations, service calls, and other installation activities

will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)

An operator may not cancel an appointment with a customer after the close of business on the

business day prior to the scheduled appointment.

If a cable operator representative is running late for an appointment with a customer and will not be

able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 3. Communications between cable operators and cable subscribers.

(A) The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (1) Products and services offered; (2) Prices and options for programming services and conditions of subscription to programming and other services; (3) Installation and service maintenance policies; (4) Instructions on how to use the cable service; (5) Channel positions of programming carried on the system; and, (6) Billing and complaint procedures, including the address and telephone number of the Clearlake City Manager’s office. (B) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by paragraph 3.1.(A) of this section. Notwithstanding any other provision of F.C.C. Regulations Part 76, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the subscriber.

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026. Disclaimer: The City Clerk’s Office has the official version of the Clearlake Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above. City Website: www.clearlake.ca.us Hosted by General Code. (A) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (B) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty (30) days.

(A) The customer’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B) The return of the equipment supplied by the cable operator if service is terminated.

Credits. Credits for service will be issued no later than the customer’s next billing cycle following the

determination that a credit is warranted. 4. Definitions.

NORMAL BUSINESS HOURS. The term “normal business hours” means those hours during which most

similar businesses in the community are open to serve customers. In all cases, “normal business hours” must include some evening hours at least one night per week and/or some weekend hours.

NORMAL OPERATING CONDITIONS. The term “normal operating conditions” means those service

conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per- view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

SERVICE INTERRUPTION. The term “service interruption” means the loss of picture or sound on one or

more cable channels.

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