Coalinga Municipal Code Ch. 1 Community Antenna Television System (catv) Franchises and Regulations

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Note— Sections 7-1.01 through 7-1.28, codified from Ordinance No. 420, repealed by Ordinance No. 594, effective January 4, 1992.

For the purposes of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein:

"CATV" shall mean a community antenna television system as defined in this section.

"City" shall mean the City of Coalinga, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.

"Community antenna television system" shall mean a system of antennas, coaxial cables, wires, wave guides, or other conductors, equipment, or facilities designed, constructed, or used for the purpose of providing television or FM radio service by cable or through its facilities as contemplated in this chapter.

"Council" shall mean the present Governing Body of the City or any future Board constituting the Legislative Body of the City.

"Franchise" shall mean and include any authorization granted by this chapter in terms of a franchise, privilege, permit, license, or otherwise construct, operate, and maintain a CATV system in the City. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City.

"Grantee" shall mean the person, firm, or corporation to whom or which a franchise, as defined in this section, is granted by the Council under this chapter and the lawful successor, transferee, or assignee of such person, firm, or corporation.

"Gross annual receipts" shall mean any and all compensation, in whatever form, grant, subsidy, exchange, or otherwise, received directly or indirectly by a grantee, not including any taxes or services furnished by the grantee imposed directly on any subscriber or user by any City, County, State, or other governmental unit and collected by the granter for such entity.

"Property of grantee" shall mean all property owned, installed, or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this chapter.

"Street" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or drive now or hereafter existing as such within the City.

"Subscriber" shall mean any person or entity receiving for any purpose the CATV service of a grantee.

When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

(§ B, Ord. 594, eff. January 4, 1992)

When and in the event the grantee of any franchise granted pursuant to the provisions of this chapter uses in his CATV system distribution channels furnished to the grantee by a telephone company whose facilities are constructed, operated, and maintained pursuant to its State granted telephone franchise, and such grantee makes no use of the streets independent of such telephone company furnished facilities, such grantee shall be required to comply with all of the provisions of this chapter as a "licensee". No provisions of this chapter shall be deemed or construed as requiring the granting of a franchise hereunder to a telephone company furnishing such a channel service.

(§ B, Ord. 594, eff. January 4, 1992)

A nonexclusive franchise to construct, operate, and maintain a CATV system within all or any portion of the City may be granted by the Council to any person, firm, or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.

Any person, firm or corporation desiring to enter into a franchise to construct, operate, and maintain a CATV system within all or any portion of the City shall first obtain a certificate of public convenience and necessity from the Council to conduct such business.

(§ B, Ord. 594, eff. January 4, 1992)

Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City and, for the purpose, to erect, install, construct, repair, replace, reconstruct, maintain, and retain in, on, over, under, upon, across, and along any public street such poles, wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; provided, however, any such poles may not be erected or maintained in any public street in which there then exists or is being erected a pole line of any public or private corporation or person engaged in service to the public as an electric or telephone public utility and which pole line is reasonably available to the grantee for use pursuant to a pole contract rental agreement; and, in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms, or corporations, including, but not limited to, any public utility or other grantee franchised or permitted to do business in the City.

The grantee may make a charge to subscribers for installation or connection to its CATV system and a monthly charge.

(§ B, Ord. 594, eff. January 4, 1992)

Franchises granted by the Council pursuant to the provisions of this chapter shall be for an initial term of fifteen (15) years following the date of the written acceptance of franchise by the grantee, with an option reserved by the City to extend for two (2) consecutive five-year terms.

Any such franchise granted may be terminated prior to its date of expiration by the Council, after sixty (60) days following a notice of deficiency, a failure to correct by grantee during the sixty (60) days, and a public hearing wherein the Council makes any of the following findings:

(a) The grantee has failed to comply with any provision of this chapter or has, by act or omission, violated any term or condition of any franchise or permit issued pursuant to the provisions of this chapter;

(b) Any provision of this chapter has become invalid or unenforceable and the Council further finds that such provision constitutes a consideration material to the grant of such franchise; or

(c) The City acquires the CATV system property of the grantee.

(§ B, Ord. 594, eff. January 4, 1992)

In consideration of the granting and exercise of a franchise to use the public streets for the operation of a cable television system, the grantee shall pay to the City, during the life of the franchise, a percentage of the gross annual receipts of the grantee.

Such percentage payments shall be made in the amount established by resolution adopted by the Council fixing the franchise fees and adopting rules for service.

It shall be the duty of the grantee to pay to the City, in quarterly installments, any sums prescribed by the provisions of this section.

The grantee shall file with the Director of Finance, within ninety (90) calendar days after the expiration of any calendar year, or portion thereof, during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing in detail the gross annual receipts, as defined in Section 7-1.01 of this chapter, of the grantee during the preceding calendar year, or portion thereof.

The City shall have the right to inspect the grantee's previous three (3) years of records during normal business hours to determine the gross receipts from which its franchise payments are computed and the right to audit and recompute any all amounts paid pursuant to the provisions of this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this chapter or for the performance of any other obligation hereunder.

In the event of any holding over after the expiration or other termination of any franchise granted under this chapter without the consent of the City, the grantee shall pay to the City reasonable compensation and damages of one hundred (100) percent of its total gross receipts during such period.

(§ B, Ord. 594, eff. January 4, 1992)

(a) Any franchise granted pursuant to the provision of this chapter shall be nonexclusive.

(b) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed in this chapter.

(c) Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

(d) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot, in any event, be sold, transferred, leased, assigned, or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation, or otherwise, without the prior consent of the Council, which said consent will not be unreasonably withheld. Prior consent shall be expressed by resolution, and, then, only under such conditions as may therein be prescribed. Any authorized transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the Office of the City Clerk within thirty (30) days after any such transfer or assignment. The said consent of the Council may not be arbitrarily refused; provided, however, the proposed assignee shall show financial responsibility and shall agree to comply with all the provisions of this chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage, or other hypothecation as a whole to secure an indebtedness.

(e) Time shall be of the essence of any such franchise granted pursuant to the provisions of this chapter. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by any failure of the City to enforce prompt compliance.

(f) Any right or power in, or duty impressed upon, any officer, employee, department, or board of the City shall be subject to transfer by the City to any other officer, employee, department, or board of the City.

(g) The grantee shall have no recourse whatsoever against the City for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter, or of any franchise issued pursuant to the provisions of this chapter, or because of its enforcement.

(h) The grantee shall be subject to all the requirements of this Code and City laws, rules, regulations, and specifications heretofore or hereafter enacted or established.

(i) Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, utility company, or from others maintaining poles in streets.

(j) Any franchise granted pursuant to the provisions of this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee or any successor to any interest of the grantee of or pertaining to the construction, operation, or maintenance of any CATV system in the City; and the acceptance of any franchise hereunder shall operate, as between the grantee and the City, as an abandonment of any and all such rights, privileges, powers, immunities, and authorities within the City, to the effect that, as between the grantee and the City, any and all construction, operation, and maintenance by any grantee of any CATV system in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to such franchise and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.

(k) The grantee shall not directly or indirectly engage in the business of selling television or other receivers which make use of signals transmitted by its system, nor shall the grantee solicit or make repairs of such receivers, or recommend or suggest the repair or purchase of such receivers by or from any other person, company, agency, or corporation, including, but not limited to, the parent company of the grantee. The grantee shall not permit any other person, firm, or agency, including the grantee's parent company to use its customer list in connection with the sale, repair, or solicitation of sales or repairs of television or other receivers. These limitations shall also apply to any totally or partially owned or controlled subsidiary, agent, licensee, or employee of the grantee. Nothing in this subsection shall be deemed to preclude the distribution, sale, or repair of television or other receivers, whether using signals transmitted by any grantee hereunder or capable of receiving any other signals, by any manufacturer or distributor of television receivers and parts therefor in the normal course of business, regardless of any affiliation with any grantee hereunder.

(§ B, Ord. 594, eff. January 4, 1992)

(a) Nothing contained in this chapter shall be deemed or construed to impair or affect in any way, to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this chapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain.

(b) There is hereby reserved to the City every right and power which is required to be reserved or provided by the provisions of this chapter or by any law of the City, and the grantee, by its acceptance of the franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or powers heretofore or hereafter enacted or established.

(c) There is hereby reserved to the City the power to amend any provision of this chapter so as to require reasonable, additional or greater standards of construction, operation, maintenance, or otherwise on the part of the grantee, to reflect reasonable technical and economic changes occurring during the franchise term, and to enable the City and the grantee to take advantage of reasonable, new developments in the cable television industry so as to more effectively, efficiently, and economically serve the public. Where possible, such amendments to the provisions of this chapter shall apply solely to future additions to the system to prevent unnecessary and unreasonable requirements lacking due consideration for grantee's commercial necessities.

(d) Neither the granting of any franchise pursuant to the provisions of this chapter or any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City.

(e) The Council may do all things which are necessary and convenient in the exercise of its jurisdiction pursuant to the provisions of this chapter and may determine any question of fact which may arise during the existence of any franchise granted pursuant to the provisions of this chapter. The City Manager, with the approval of the City Attorney, is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee pursuant to the provisions of this chapter, either on behalf of the City, the grantee, or any subscriber, in the best interests of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the Council for hearing and determination. The Council may accept, reject, or modify the decision of the City Manager, and the Council may adjust, settle, or compromise any controversy or cancel any charge arising from the operations of the grantee or from any provisions of this chapter.

(f) The City shall have the right, free of charge, to make additional use, for any public or municipal purpose, whether governmental or proprietary, of any poles, conduits or other similar facilities erected, controlled, or maintained exclusively by or for the grantee in any street provided such use by the City does not interfere with the use by the grantee.

(§ B, Ord. 594, eff. January 4, 1992)

(a) Within thirty (30) days after the acceptance of any franchise, or upon the activation of a density requirement, as established by the resolution adopted by the Council, the grantee shall proceed with due diligence, to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility, joint use attachment agreement, microwave carrier license, and any other permit, license, or authorization to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television systems or their associated microwave transmission facilities.

In connection therewith, copies of all petitions, applications, and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other Federal or State Regulatory Commission or agency having jurisdiction in respect to any matters affecting the grantee's cable television operations, shall also be submitted simultaneously to the City Manger.

(b) The grantee shall commence the construction and installation of the cable television system within ninety (90) days after obtaining all the necessary permits, licenses, and authorizations including the right of access to poles and conduits.

(c) Within one hundred eighty (180) days after the commencement of the construction and installation of the cable television system, the grantee shall proceed to render service to subscribers, and the completion of the installation and construction shall be pursued with reasonable diligence thereafter so that service to all the areas designated and scheduled on the map and plan of construction made part of the franchise shall be provided as set forth therein.

(d) Failure on the part of the grantee to commence and pursue diligently each of the requirements of this section and to complete each of the matters set forth in this chapter shall be grounds for the termination of such franchise. The Council, in its discretion, by resolution, may extend the time for the commencement and completion of the installation and construction for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.

By the acceptance of the franchise granted pursuant to the provisions of this chapter, the grantee shall agree that failure to comply with any of the time requirements set forth in subsections (a), (b) and (c), of this section shall result in damage to the City, and that it is and shall be impracticable to determine the actual amount of such damage in the event of delay, and the grantee therefor agrees that, in addition to any other damage suffered by the City, it will pay to the City the sum of eighty dollars ($80.00) per day for each and every day's delay beyond the time prescribed, plus authorized extensions thereof, for the completion of any of the acts required to be done by the provisions of this section.

(§ B, Ord. 594, eff. January 4, 1992)

(a) The grantee shall utilize existing poles, conduits, and other facilities whenever possible and shall not construct or install any new, different, or additional poles, conduits, or other facilities, whether on public property or on privately owned property, unless and until first securing the written approval of the City Manager.

Whenever the grantee shall not utilize existing poles, conduits, and other facilities, or whenever existing conduits and other facilities shall be located beneath the surface of the streets, or whenever the City shall undertake a program designed to cause all conduits and other facilities to be located beneath the surface of the streets in any area or throughout the City, in the exercise of its police power or pursuant to the provisions of this chapter, upon reasonable notice to the grantee, any such conduits of other facilities of the grantee shall be constructed, installed, placed, or replaced beneath the surface of the streets. Any construction, installation, placement, replacement, or changes which may be so required shall be made at the expense of the grantee, whose costs shall be determined as in the case of public utilities.

(b) In those areas of the City where the transmission or distribution facilities of the respective public utilities providing telephone, communication, and electric services arc underground or hereafter are placed underground, the grantee shall construct, operate, and maintain all of its transmission and distribution facilities underground; provided, however, upon obtaining the written approval of the City Manager, amplifiers in the grantee's transmission and distribution lines may be place in appropriate housing upon the surface of the ground.

For the purposes of this subsection, "underground" shall include a practical underground system.

(§ B, Ord. 594, eff. January 4, 1992)

(a) In the event the use of any part of the cable television system of the grantee is discontinued for any reason for a continuous period of thirty (30) days without prior written notice to and approval by the City, or any part of such system has been installed in any street or other area without complying with the requirements of the provisions of this chapter, or any franchise shall be terminated, canceled, or expire, the grantee shall, at the option of the City, and at the expense of the grantee and at no expense to the City, and upon the demand of the City, promptly remove from any street or other area all that property of the grantee, and the grantee shall promptly restore the street or other area from which such property was removed to such condition as the City Manager shall approve.

(b) The Council may, upon a written application therefor by the grantee, approve the abandonment of any of such property in place by the grantee and under such terms and conditions as the council may prescribe. Upon the abandonment of any such property in place, the grantee shall cause to be executed, acknowledged, and delivered to the City such instruments as the City Attorney shall prescribe and approve transferring and conveying the ownership of such property to the City.

(§ B, Ord. 594, eff. January 4, 1992)

The grantee, at its expense, shall protect, support, temporarily disconnect, relocate, or remove any property of the grantee when, in the opinion of the City Manger, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, the change or establishment of street grades, or the installation of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks, or any other types of structures or improvements by governmental agencies, whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, the movement of buildings, urban renewal and redevelopment, and any general program under which the City shall undertake to cause all such properties to be located beneath the surface of the ground. The grantee in all cases shall have the privilege, subject to the corresponding obligations, to abandon any property of the grantee in place as provided in this chapter. Nothing hereunder shall be deemed a taking of the property of the grantee, and the grantee shall not be entitled to a surcharge by reason of anything hereunder.

(§ B, Ord. 594, eff. January 4, 1992)

Upon the failure, refusal, or neglect of the grantee to cause any work or other act required by law or by the provisions of this chapter to be properly completed in, on, over, or under any street within any time prescribed therefor, or upon notice given where no time is prescribed, the City Manager may cause such work or other act to be completed in whole or in part and, upon so doing, shall submit to the grantee an itemized statement of the costs thereof. The grantee shall, within thirty (30) days after the receipt of such statement, pay to the City the entire amount thereof.

(§ B, Ord. 594, eff. January 4, 1992)

(a) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted pursuant to the provisions of this chapter, file with the Director of Finance and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond, in a company and in a form approved by the City Attorney, in an amount equal to the anticipated annual franchise fee and as shall have been approved by the Council, conditioned upon the faithful performance by the grantee of all the terms of this chapter and any franchise granted hereunder, and further conditioned that in the event the grantee shall fail to comply with any one (1) or more of the provisions of this chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for Attorney's fees and costs up to the full amount of the bond, said condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of said franchise or renewal by the grantee or from its exercise of any privilege therein granted.

(b) Neither the provisions of this section, nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder shall be construed to exercise faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise.

(§ B, Ord. 594, eff. January 4, 1992)

The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted pursuant to the provisions of this chapter, furnish to the City and file with the Assistant City Manager and in a form satisfactory to the City Attorney, an agreement indemnifying and saving harmless the City and its officers and employees from and against any and all claims, demands, actions, suits, and proceedings by others and against all liability to others, including, but not limited to, any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors, or licensees of programs to be delivered by the grantee's CATV system, and against any loss, cost, expense, and damages resulting therefrom, including reasonable attorney's fees arising out of the exercise or enjoyment of its franchise.

The City also shall indemnify and hold harmless grantee from any willful acts committed by employees or agents of the City which affect the exercise of rights and privileges conferred hereunder.

(§ B, Ord. 594, eff. January 4, 1992)

The grantee shall, at the sole risk and expense of the grantee, upon the demand of the City made by and through the City Attorney, appear in and defend any and all suits, actions, or other legal proceeding, whether judicial, quasi-judicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities against or affecting the City and its officers, boards, commissions, agents, or employees and arising out of or pertaining to the exercise or the enjoyment of such franchise or granting thereof to the City.

The grantee shall pay and satisfy, and shall cause to be paid and satisfied, any judgement, decree, order, directive, or demand rendered, made, or issued against the grantee or the City and its officers, boards, commissions, agents, or employees in any of these premises, and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking, or other assurance required by the provisions of this chapter or otherwise; provided, however, neither the grantee nor the City shall make or enter into any compromise of settlement of any claim, demand, cause of action, action, suit, or other proceeding without first obtaining the written consent of the other.

(§ B, Ord. 594, eff. January 4, 1992)

Upon being granted a franchise pursuant to the provisions of the chapter and upon its acceptance, the grantee shall file with the Assistant City Manager and shall during the entire term of such franchise maintain in full force and effect, at its own cost and expense a general comprehensive liability insurance policy in the amount of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to Coalinga or the general aggregate limit shall be twice the required occurrence limit. The policies required by the provisions of this section shall name the City, the Redevelopment Agency, its officers, officials, and employees as additional insured. All insurance policies required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the City. Insurance is to be placed with insurers with a Best's rating of no less that A: VII.

(§ B, Ord. 594, eff. January 4, 1992)

(a) Basic services. The cable television system permitted to be installed and operated pursuant to the provisions of this chapter shall:

(1) Be operationally capable of relaying to subscriber terminals those television and radio broadcast signals for the carriage of which the grantee is now or hereafter authorized by the Federal Communications Commission;

(2) Be constructed with the potential of two-way digital signal transmission;

(3) Distribute color television signals which it receives in color;

(4) Provide at least one (1) channel, without charge, for the exclusive use of the City; however, said channel shall not be provided at the expense of replacing any existing channel;

(5) Provide at least one (1) channel each for those educational and public access uses now or hereafter required by the Federal Communications Commission for systems operating in the top one hundred (100) markets; and

(6) Have a minimum capacity of twenty-five (25) channels.

(b) Nonbasic services. The cable television system permitted to be installed and operated pursuant to the provisions of this chapter may also engage in the business of:

(1) Transmitting original cablecast programming not received through television broadcast signals;

(2) Transmitting television pictures, film and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers of subscribers; and

(3) Transmitting and receiving all other digital, voice, and audio-visual signals.

(c) Subscriber complaints. In addition to other service regulations adopted by the Council and in providing the services set forth in subsections (a) and (b) of this section, the grantee shall:

(1) For service problems affecting more than one (1) home and all channels of service ("service outage") beyond the control of grantee, the grantee shall provide a credit equal to one (1) day's service for each day of the outage upon request by the subscriber. Such credit will be calculated by dividing the monthly charge by the number of days in the month and multiplying it by the number of days the service was interrupted. There shall be an automatic credit to all subscribers when there is an outage of basic or premium service which effects the entire franchise area;

(2) Limit system failures and outages affecting satellite receive equipment to minimum time duration by locating and correcting malfunctions promptly, but in no event longer than twenty-four (24) hours, after occurrence, irrespective of holidays or other nonbusiness hours;

(3) Upon complaint by a subscriber, make a demonstration satisfactory to the City Manager that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the regulations of the Federal Communications Commission or in regulations hereafter adopted by the Council;

(4) Maintain an office in the City, which office shall be open during all the usual business hours, with its telephone listed in the directories of the telephone company serving the City, and be so operated that complaints and requests for repairs or adjustments may be received at any time, day or night, seven (7) days a week; and

(5) Maintain a written record or log listing the dates of customer complaints, identifying the subscribers, and describing the nature of the complaint and when and what action was taken by the grantee in response thereto. Such record shall be kept at the grantee's local office for a period of five (5) years.

(d) Municipal service.

(1) With respect to the local government channel, the grantee shall, at the request of the City Manager provide use of the grantee's studio, equipment, and technical services for the production of live and video-tape municipal programs, subject to the scheduling requirements of the grantee.

(2) With respect to the basic television services, the grantee shall provide all subscriber services and a tie-in connection, without cost, when the system passes such facilities and as designated by the Council, to:

(i) Public schools and community colleges within the City; and

(ii) Buildings owned and/or controlled by the City and used for public purposes and not for residential use, fire and police stations excepted.

(e) The City Council from time to time may adopt, by resolution, additional operational standards with regard to subsections (a) through (d) of this section; and referenced in Section 7-1.06.

(f) Compatibility and connectivity. It is the desire of the City that all cable television systems franchised pursuant to the provisions of this chapter shall, insofar as financially and technically possible, be compatible one with another and with systems adjacent to the City.

(§ B, Ord. 594, eff. January 4, 1992)

In carrying out the construction, maintenance, and operation of the cable television system, the grantee shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin.

The grantee shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination provision.

The grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the grantee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin.

The grantee shall incorporate the provisions of this section in all of its contracts for work relative to the construction, maintenance, and operation of the cable television system, other than contracts for standard commercial supplies or raw materials, and shall require all of its contractors for such work to incorporate such requirements in all subcontracts for such work.

(§ B, Ord. 594, eff. January 4, 1992)

(a) A franchise granted pursuant to the provisions of this chapter to provide service within the City shall authorize and permit the grantee to solicit, sell, distribute, and make a charge to subscribers within the City for connections to the cable television system of the grantee and shall also authorize and permit the grantee to traverse any portion of the City in order to provide service outside the City.

(b) A franchise, easement, license, or other permit granted to anyone other than the grantee to traverse any portion of the City in order to provide service outside the City shall not authorize, nor permit such person to solicit, sell, distribute, or make any charge to subscribers within the City, nor to render any service or connect any subscriber within the City to the cable television service system of the grantee.

(c) No franchise granted pursuant to the provisions of this chapter shall ever be given any value by any court or other authority, public or private, in any proceeding of any nature or character wherein or whereby the City shall be a party or affected therein or thereby.

(d) The grantee shall be subject to all of the provisions of the other laws, rules, regulations, and specifications of the City heretofore or hereafter adopted, including, but not limited to, those pertaining to works and activities in, on, over, under, and about streets. Any privilege claimed under any franchise granted pursuant to the provisions of this chapter in any street or other public property shall be subordinate to any prior lawful occupancy of the street or other public property. The grantee shall also be subject to the provisions of the general laws of the State, or as hereafter amended, when applicable to the exercise of any privilege contained in any franchise granted pursuant to the provisions of this chapter, including, but not limited to, those pertaining to works and activities in and about State highways.

(e) If the Federal Communications Commission, or the Public Utilities Commission of the State, or any other Federal of State body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise granted pursuant to the provisions of this chapter, then, to the extent such jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City, the jurisdiction of the City shall cease and no longer exist.

The preemption or preclusion of the exercise by the City of any of its Police power shall not diminish, impair, alter, or affect any contractual benefit to the City or the grantee, nor any contractual obligation of the grantee under any franchise granted pursuant to the provisions of this chapter.

Any and all minimum standards governing the operation of the grantee and any and all maximum rates, ratios, and charges set forth in this chapter or in any franchise granted pursuant to the provisions of this chapter, existing now and at any time in the future, including such time as any paramount jurisdiction shall preempt or preclude that of the City, and any and all rights, powers, privileges, and authorities of the City to determine, establish, or fix any of the same, are each and all hereby declared by the City and by any grantee accepting any franchise granted pursuant to the provisions of this chapter to be contractual in nature and to be for the benefit of the City.

(f) When not otherwise set forth in this chapter, all matters required by the provisions of this chapter to be filed with the City shall be filed with the City Clerk.

(g) No person, firm, or corporation within the service area of the grantee, and where trunk lines are in place, shall be refused service; provided, however, the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charge.

(h) Before providing cable television service to any subscriber, the grantee shall provide a written notice to the subscriber substantially as follows: The subscriber is hereby notified that in providing cable television service the grantee is making use of public rights-of-way within the City and that the continued use of such rights-of-way is in no way guaranteed. In the event the continued use of such rights-of-way is denied to the grantee for any reason, the grantee will make every reasonable effort to provide service over alternate routes. By accepting cable television service, the subscriber agrees he will make no claim, nor undertake any action against the City, or its officers or employees, if the service to be provided hereunder is interrupted or discontinued.

(i) The form of the grantee's contract with the subscriber shall be subject to the approval of the City.

(j) The grantee shall pay to the City a sum of money sufficient to reimburse the City for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made within thirty (30) days after the City furnishes the grantee with a written statement of such expenses.

(§ B, Ord. 594, eff. January 4, 1992)

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the City Clerk.

(§ B, Ord. 594, eff. January 4, 1992)

(a) Applications for franchises pursuant to the provisions of this chapter shall be in writing, shall be filed with the City Clerk, and shall contain the following information:

(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

(2) A statement and description of the CATV system proposed to be constructed, installed, maintained, or operated by the applicant; the proposed location of such system and its various components; the manner in which the applicant proposes to construct, install, maintain, and operate the same; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

(3) A general description of the public streets, public places, and proposed public streets within which the applicant proposes or seeks authority to construct, install, or maintain any CATV equipment or facilities; a general description of the equipment or facilities proposed to be constructed, installed, or maintained therein; and the proposed specific location thereof;

(4) A map specifically showing and delineating the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested;

(5) A statement or schedule in a form approved by the City Manager of the proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than one hundred fifty (150) feet of distance from the cable to the connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the City, service may be made available on the basis of the cost of materials labor, and easements if required by the grantee;

(6) A copy of any contract, if existing, between the applicant and any public utility providing for the use of the facilities of such public utility, such as poles, lines, or conduits;

(7) A statement setting forth all agreements and understandings, whether written, oral, or implied, existing between the applicant and any person, firm, or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person, firm, or corporation posing as a front or as the representative of another person, firm, or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;

(8) A financial statement, prepared by a certified public accountant or person otherwise satisfactory to the Council, showing the applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system;

(9) The Council may at any time demand, and the applicant shall provide such supplementary, additional, or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted and to prove that public convenience and necessity require the granting of the certificate of public convenience and necessity; and

(10) An application fee of two thousand dollars ($2,000.00), which fee shall be in the form of cash, certified or cashier's check or money order.

(b) Upon the consideration of any application for a franchise and issuance certificate of public necessity and convenience, the Council may refuse to grant the request or the Council may grant a franchise for a CATV system and certificate to any such applicant as may appear from such application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the City. The award of the franchise and granting of a certificate shall be made only upon a showing that:

(1) The applicant is financially responsible;

(2) The quality of service, rates to the subscribers, and experience of the applicant will safeguard the local public interest;

(3) Any person, firm or corporation holding certificates or franchises to construct, operate and maintain a CATV system adequately serve the public; and

(4) Such additional service will not result in a hazard to the public.

The Council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.

(c) Any franchise issued prior to January 1, 1990, with the City to construct, operate, and maintain a CATV system within all or any portion of the City shall be presumed to have established public convenience and necessity for the providing of CATV services, and the Council upon application shall grant a certificate of public convenience and necessity, said franchisee being entitled to operate pursuant to the terms of its existing franchise with the City.

(§ B, Ord. 594, eff. January 4, 1992)

Any franchise granted pursuant to the provisions of this chapter shall be renewable upon the application of the grantee in the same manner and upon the same terms and conditions as required for obtaining the original franchise, except the franchise renewal free shall be one thousand dollars ($1,000.00), and subject to the requirements of the Cable Communications Policy Act of 1984.

(§ B, Ord. 594, eff. January 4, 1992)

Within thirty (30) calendar days after the effective date of the resolution awarding a franchise, or within such extended period of time as the Council in its discretion may authorize the grantee shall file with the City Clerk a written acceptance in a form satisfactory to the City Attorney, of the franchise, and an agreement to be bound by and to comply with and to do all.

(§ B, Ord. 594, eff. January 4, 1992)

(a) It shall be unlawful for any person to construct, install, or maintain within any public street in the City, within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City any equipment or facility for distributing any television signal of radio signal through a cable television system unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter and unless such franchise is in full force and effect.

(b) It shall be unlawful for any person to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable television system within the City for the purpose of enabling himself or others to receive or use any television signal, radio signal, picture, program, or sound without payment to the owner of such system.

(c) It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, or injure any cable, wire, or equipment used for the distribution of television signals, radio signals, pictures, programs, or sound.

(§ B, Ord. 594, eff. January 4, 1992)