Clovis Municipal Code § 5.21.100 Purposes

(a) The purposes of this chapter include, but are not limited to, the promotion of the general welfare of the citizens of the Clovis community by:

(1) Establishing a regulatory framework to administer franchises to ensure that the Clovis community benefits from the potential recreational, educational, social, economic and other advantages of cable, open video, and other related services;

(2) Regulating the operations of franchises to protect and promote the public health, peace, safety and welfare;

(3) Establishing a local policy concerning the franchising of cable systems, open video systems, and private communication systems that use the public rights-of-way or other public property;

(4) Promoting the availability of diverse, multi-media information resources to the community;

(5) Providing for enhanced educational opportunities throughout the community and building a stronger community;

(6) Encouraging the provision of advanced and competitive cable or open video system services on the widest possible basis to the residents, businesses, and institutions of the City; and

(7) Encouraging economic development while preserving aesthetic and other community values and preventing proliferation of above ground facilities.

(b) The provisions of this section shall not be deemed to confer any right upon a franchisee that is not otherwise conferred by another express provision of this chapter.

(§ 4, Ord. 05-23, eff. September 1, 2005)

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

(§ 4, Ord. 05-23, eff. September 1, 2005)

(a) Computation. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this chapter 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, unless the last day is a holiday, and then it is also excluded as stated in subsection (b) of this section.

(b) Holiday. If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is extended to and includes the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays and every full day designated by Section 6700 of the California Government Code, including that Thursday of November declared by the President to be Thanksgiving Day but excluding September 9, known as “Admission Day.”

(§ 4, Ord. 05-23, eff. September 1, 2005)

If any term, condition, or provision of this chapter 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 that 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.

(§ 4, Ord. 05-23, eff. September 1, 2005)

(a) Franchise application required for operators without franchise. An operator of any cable communications system that is in operation, installed and/or providing services to subscribers as of the effective date of this chapter, but does not have a franchise agreement with the City as of the effective date of this chapter, shall file the appropriate application(s) with the City for a franchise by no later than three (3) months after the effective date of this chapter. An operator who timely files such an application under this section shall not be subject to a penalty for failing to obtain a franchise so long as the application is pending with and the City has not rejected or denied said application. Nothing herein relieves an operator from liability for failing to obtain any permit or other authorization required under other provisions of the City’s Municipal Code or other applicable laws. Further, nothing herein shall prevent the City from requiring an operator to remove any facilities installed in violation of the Municipal Code or any other applicable laws.

(b) Existing franchises must comply with chapter. Any franchisee holding a cable communications system franchise as of the effective date of this chapter shall, in addition to all the obligations and duties prescribed by the terms of the franchisee’s existing franchise, be subject to the requirements of this chapter, except where the provisions of this chapter directly conflict with an existing franchise agreement or where prohibited by applicable law. Nothing herein is intended to invalidate a lawful, existing franchise or to waive any obligations imposed by such a franchise. Upon any renewal of the franchise or extension of the term of the franchise, the franchise and the franchisee shall be fully subject to the provisions of this chapter.

(c) Pending franchise applications subject to chapter. Pending applications for a cable communications system franchise shall be subject to this chapter. A person with a pending application shall have thirty (30) days from the effective date of this chapter to submit additional information to comply with the requirements of this chapter governing applications.

(§ 4, Ord. 05-23, eff. September 1, 2005)