Colusa Municipal Code Art. I In General

For the purposes of this chapter, unless otherwise apparent from the context, certain words and terms used in this chapter are defined as follows:

CATV. A community antenna television system as hereinafter defined.

Community Antenna Television System. A system of antenna, 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 herein contemplated. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television."

Franchise. Any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to 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 in accordance with the business license ordinances of the city.

Grantee. The person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the council under this chapter, and the lawful successor, transferee or assignee of such person, firm or corporation.

Gross annual receipts. Any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals received within the city. Gross annual receipts shall not include any taxes on the service furnished by a grantee imposed directly on any user or subscriber by any city, state or other government unit and collected by a grantee for such government unit.

Property of Grantee. 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. 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. Any person or entity receiving for any purpose the CATV service of a grantee.

(Ord. No. 262, § 1.)

When and in the event that the grantee of any franchise granted hereunder operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, the grantee shall be required to comply with all of the provisions hereof as a licensee and in such event whenever the term grantee is used herein it shall be deemed to mean and include licensee.

(Ord. No. 262, § 2.)

The grantee shall maintain an office within the city or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be available promptly to subscribers.

(Ord. No. 262, § 18.)

When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the city clerk.

(Ord. No. 262, § 18.)

Grantee, without charge, shall provide all subscriber services of its system, including multiple connection services, to all public and nonprofit private schools, city police and fire stations, city recreation centers and such other buildings owned or controlled by the city, which shall from time to time be designated by the city council; provided, that such buildings shall be located within the franchise area. Grantee shall install, without charge to city or such public or private schools, up to two hundred feet of service connection from the transmission cable otherwise maintained or required to be maintained by grantee for the service of paying subscribers of grantee. The city or any such public or private schools shall pay to grantee the costs of all labor and materials supplied by grantee for the installation of any service connection in excess of the initial two hundred feet.

(Ord. No. 262, § 18.)

In the case of any emergency or disaster, the grantee, upon request of the city clerk, shall make available its facilities to the city for emergency use during the emergency or disaster period.

(Ord. No. 262, § 18.)

The grantee shall not engage directly or indirectly in the business of selling, leasing, renting, furnishing, providing, repairing or servicing any television, radio or other receiving apparatus or any component part thereof within the city; and such prohibition shall extend and apply to the officers and directors of grantee, to all general and limited partners of grantee, to any person or combination of persons owning, holding or controlling five per cent or more of any corporate stock or other ownership interest of grantee, or any affiliated or subsidiary entity owned or controlled by grantee, or in which any officer, director, stockholder, general or limited partner or person or group of persons holding or controlling any ownership interest in grantee, shall own, hold or control five per cent or more of any corporate stock or other ownership interest; and such prohibition shall extend and apply to any person acting or serving in the capacity of a holding or controlling company of grantee.

(Ord. No. 262, § 18.)

Grantee shall be prohibited from deleting, revising, adding to or substituting any program of any television or FM radio broadcast station carried by grantee, whether with or without the consent of such station, without the prior written approval for good cause shown of the council and then only upon such terms as the council shall prescribe.

(Ord. No. 262, § 1 8.)

It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this city for the purpose of taking or receiving any television signal, radio signal, picture, program or sound.

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

(Ord. No. 262, § 23.)

It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of any television signal, radio signal, picture, program or sound.

(Ord. No. 262, § 23.)