Coronado Municipal Code Art. VII Administration and Operations

At all reasonable times, the grantee shall permit any duly authorized representative of the City to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the City, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operation, aRairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request made available in the City, and if the Council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

The grantee shall prepare and furnish to the Director of Public Services and the Director of Administrative Services at the times and in the form prescribed by either of the oPcers, such reports with respect to its operations, aRairs, transactions or property, as may be reasonably necessary or appropriate to the performance of the rights, functions or duties of the City or any of its oPcers in connection with the franchise.

The grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other places in the City.

The grantee shall Nle with the Director of Public Services, on or before the last day in January of each year, a current map or set of maps drawn to scale showing all CATV system equipment installed and in place in streets and other public places of the City.

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the eRect that subscribers shall receive the highest possible service. In determining the satisfactory extent of such standards, the following among others shall be considered:

• A. That the system be installed using all band equipment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for distribution to subscribers on the VHF band;

• B. That the system, as installed, be capable of passing standard color TV signals without the introduction of material degradation of color Ndelity and intelligence;

• C. That the system and all equipment be designed and rated for 24 hours per day continuous operation;

• D. That the system provides a nominal signal level of 2,000 microvolts at the input terminals of each TV receiver;

• E. That the system signal to noise ratio is not less than 40 decibels;

• F. That the modulation of the picture signal is less than Nve percent;

• G. That the system use components having a SWR of 1.4 or less;

H. That the system shall comply fully with all technical standards prescribed by the Federal Communications Commission for CATV systems.

When not otherwise prescribed in this title, all matters herein are required to be Nled with the Director of Administrative Services.

The grantee shall pay to the City a sum of money suPcient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this title. Such payment shall be made within 30 days after the City furnishes the grantee with a written statement of such expenses by delivery of same to the Director of Administrative Services.

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

No person, Nrm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.

When any portion of the CATV system is to be installed on public utility poles and facilities, certiNed copies of the agreement for such joint use of poles and facilities shall be Nled with the Director of Administrative Services.

Application for a franchise hereunder shall be in writing, shall be Nled with the Director of Administrative Services, and shall contain the following information:

A. 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 oPce, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

B. 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 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 or other public utilities will be used for such system;

C. A description, in detail, of the public streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed speciNc location thereof;

D. A map speciNcally showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested;

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

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

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

H. A Nnancial statement prepared by a certiNed public accountant, or person otherwise satisfactory to the Council, showing applicant’s Nnancial status and his Nnancial ability to complete the construction and installation of the proposed CATV system;

I. Each applicant shall, at the time of Nling an application, deposit the sum of $50,000 in cash with the City Treasurer as an advance on the percentage payments to be due the City when the system is in operation. Any franchise granted as provided in this code shall provide for such deposits and for the forfeiture thereof as liquidated damages for nonperformance of any and all terms of the franchise. Any interest earned on said deposit shall be the property of the applicant. In the event the City, in the opinion of the City Council, shall require the services of a consultant to advise the City Council and the City Manager upon the technical aspects of the franchise the cost of such services shall be charged equally to all applicants for franchises and the share due from each applicant shall be deducted from his deposit at the time the franchise is granted. The deposit of all unsuccessful applicants, and any interest earned thereon less the above mentioned deduction, shall be returned at the time the franchise is granted.

Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may by ordinance grant a franchise for a CATV system to any such applicant as may appear from said application to be in its opinion best qualiNed to render proper and ePcient CATV service to television viewers and subscribers in this City. The Council’s decision in the manner shall be Nnal. If favorably considered, the applicant submitted shall constitute and form part of the franchise as granted.

Any franchise granted pursuant to this title shall include the following condition: “The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Chapter 20.90 of the Municipal Code of the City of Coronado and no other purpose whatsoever.” Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the City to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this title.

Any franchise granted under this title is renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the Council may at its option waive compliance with any or all of the requirements of CMC 20.90.610.

No franchise granted pursuant to the provisions of this title shall become eRective unless and until the ordinance granting same has become eRective and, in addition, unless and until all things required in this section and CMC 20.90.060, 20.90.080, and 20.90.090 are done and completed, all of such things being hereby declared to be conditions precedent to the eRectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the Council may declare the franchise null and void.

Within 25 days after the eRective date of the ordinance awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall Nle with the Director of Administrative Services his written acceptance, in form satisfactory to the City Attorney, for the franchise together with the bond and insurance policies required by CMC 20.90.470 through 20.90.500. (Ord. 1956 § 3, 2004)