Del Norte County Municipal Code § 5.08 CATV Systems 5.08.10 Definitions 5.08.20 Exclusive Use Of Telephone Facilities…

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

1. "Board" means the board of supervisors of the county of Del Norte.

2. "CATV" means a community antenna television system as hereinafter defined.

3. "Community antenna television system" means 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."

4. "County" means the county of Del Norte, a political subdivision of the state of California.

5. "Franchise" means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license, or otherwise to construct, operate, and maintain a CATV system in the unincorporated areas of the county.

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

7. "Gross annual receipts" means any and all compensation and other considerations 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 or service received within the county. "Gross annual receipts" shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any county, state or other governmental unit and collected by the grantee for such governmental unit.

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

9. "Street" means 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 county.

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

(Ord. 72-6 § 1, 1972)

When and in the event that the grantee of any franchise granted hereunder constructs, 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 "grantee" is used herein it means and includes "licensee."

(Ord. 72-6 § 2, 1972)

A nonexclusive franchise to construct, operate and maintain a CATV system within all or any portion of the county may be granted by the board 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.

No provision of this chapter requires the granting of a franchise when in the opinion of the board it is in the public interest to restrict the number of grantees to one or more.

(Ord. 72-6 § 3, 1972)

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 county, and for that 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, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system 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 county.

No franchise granted hereunder shall be construed as a franchise, permit or license to transmit 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," and no grantee shall directly or indirectly install, maintain or operate on any television set a coin box or other devices or means for collection of money for individual programs.

The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge as filed and approved as herein provided. No increase in the rates and charges to subscribers as set forth in the schedule filed and approved with grantee's application, may be made without the prior approval of the board expressed by resolution.

(Ord. 72-6 § 4, 1972)

No franchise granted by the board under this chapter shall be for a term longer than twenty years following the date of acceptance of such franchise by the grantee or the renewal thereof.

Any such franchise granted hereunder may be terminated prior to its date of expiration by the board in the event that the board shall have found, after thirty days notice of any proposed termination and public hearing, that:

1. The grantee has failed to comply with any provision of this chapter, or has, by act or omission, violated any term or chapter, or has, by act or omission, violated any condition of any franchise or permit issued hereunder or

2. Any provision of this chapter has become invalid or unenforceable and the board further finds that such provision constitutes a consideration material to the grant of the franchise or C. The county acquires the CATV system property of the grantee.

(Ord. 72-6 § 5, 1972)

Any grantee granted a franchise under this chapter may be required to pay the county, during the life of such franchise, an amount of up to five percent of the gross annual receipts of the grantee. Such payment by the grantee to the county shall be made annually or as otherwise provided in the grantee's franchise, by delivery of the same to the county clerk. The amount of the payment shall be determined by the board of supervisors and may be imposed or modified upon any rate increase request or transfer approval request by the franchisee.

The grantee shall file with the county, within thirty 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 board, showing in detail the gross annual receipts, as defined herein, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay the county, within fifteen days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

The county shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the county 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 expiration or other termination of any franchise granted hereunder, without the consent of the county, the grantee shall pay to the county reasonable compensation and damages, of not less than one hundred percent of its total gross profits during the period.

(Ord. 81-23 § 1, 1981; Ord. 72-6 § 6, 1972)

1. Any franchise granted under this chapter shall be nonexclusive.

2. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.

3. 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.

4. 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 board expressed by resolution, and then only under such conditions. as may therein be prescribed. Any such 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 county clerk within thirty days after any such transfer or assignment. The consent of the board may not be arbitrarily refused provided, however, the proposed assignee must show financial responsibility and must agree to comply with all 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.

5. Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by failure of the county to enforce prompt compliance.

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

7. The grantee shall have no recourse whatsoever against the county for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.

8. The grantee shall be subject to all requirements of county ordinances, rules, regulations and specifications heretofore or hereafter enacted or established.

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

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

11. Grantee is to avoid monopolistic practices and unfair competition and is not to solicit television sales or service as part of hook up contract with the subscriber.

(Ord. 72-6 § 7, 1972)

1. Nothing herein shall impair or affect, in any way, to any extent, the right of the county 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 herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the county's right of eminent domain.

2. There is reserved to the county every fight and power which is required to be herein reserved or provided by any county ordinance, and the grantee, by its acceptance of any franchise agrees to be bound thereby and to comply with any action or requirements of the county in its exercise of such rights or power, heretofore or hereafter enacted or established.

3. Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, franchise to any other person, firm or corporation, within all or any portion of the county.

4. There is reserved to the county the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee.

5. Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the county.

6. The board may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The director of consumer affairs is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the county, the grantee, or any subscriber, in the best interest of the public. Either the grantee, or any member of the public who may be dissatisfied with the decision of the director of consumer affairs may appeal the matter to the board for hearing and determination. The board may accept, reject or modify the decision of the director of consumer affairs, and the board may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.

(Ord. 72-6 § 8, 1972)

1. Within thirty days after acceptance of any franchise, 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 attachments agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities.

2. Within ninety days after obtaining all necessary permits, licenses and authorizations grantee shall commence construction and installation of the CATV system.

3. Within ninety days after the commencement of construction and installation of the system, grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in Section 5.08.200, shall be provided within one year from the date that service was first provided.

4. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of such franchise, under and pursuant to the terms of Section 5.08.50 provided, however, that the board in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.

(Ord. 72-6 § 9, 1972)

1. Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the director of public works acting in the exercise of his reasonable discretion.

2. The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the county 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 county, except those installed or erected upon utility facilities now existing, without obtaining the prior written approval of the director of public works.

3. In those areas and portions of the county where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of, its transmission and distribution facilities underground. For the purposes of this subsection, "underground" includes a partial underground system, e.g. streamlining. Amplifiers in grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the director of public works.

(Ord. 72-6 § 10, 1972)

1. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee's franchise of this chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten days notice, remove from the streets or public places all such property and poles of such system other than any which the director of public works may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the director of public works.

2. Any property of the grantee remaining in place thirty days after the termination or expiration of the franchise shall be considered permanently abandoned. The director of public works may extend such time not to exceed an additional thirty days.

3. Any property of the grantee to be abandoned in place shall be abandoned in such manner, as the director of public works shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the county, and the grantee shall submit to the director of public works an instrument in writing, to be approved by the county counsel, transferring to the county the ownership of such property.

(Ord. 72-6 § 11, 1972)

The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the director of public works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.08.110.

(Ord. 72-6 § 12, 1972)

Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the director of public works, the director of public works may, at his option, cause such

work to be done and the grantee shall pay the county the cost thereof in the itemized amounts reported by the director of public works to the grantee within thirty days after receipt of such itemized report.

(Ord. 72-6 § 13, 1972)

1. The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this chapter, file with the county clerk, 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 county counsel, of two thousand five hundred dollars, renewable annually and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee fails to comply with any one 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 principle and surety of such bond any damages or loss suffered by the county as a result thereof, including the full amount of any compensation, indemnifications 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 the 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 county that may have arisen from the acceptance of the franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty days prior written notice of intention not to renew, cancellation, or material change, be given to the county.

2. Neither the provisions of this section, nor any bond accepted by the county pursuant hereto, nor any damage recovered by the county thereunder, shall be construed to excuse 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.

(Ord. 72-14 § 1, 1972: Ord. 72-6 § 14, 1972)

1. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the county and file with the county clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of two hundred thousand dollars, in a company approved by the director of public works and in a form satisfactory to the county counsel, indemnifying and saving harmless the county, its officers and employees from and against any and all claims, demands, actions, suits, and proceedings by others, 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 there from, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.

2. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the county and file with the county clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the county, its officers, boards, commissions, agents, and employees, in a company approved by the director of public works and a form satisfactory

to the county counsel, protecting the county and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of one hundred thousand dollars for personal injury or death of any one person and two hundred thousand dollars for personal injury or death of two or more persons in any one occurrence, and fifty thousand dollars for damage to property resulting from any one occurrence.

3. The policies mentioned in the foregoing paragraph shall name the county, its officers, boards, commissions, agents and employees as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the county ten days in advance of the effective date thereof if such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.

(Ord. 72-6 § 15, 1972)

1. At all reasonable times, the grantee shall permit any duly authorized representative of the county to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the county, and to examine and transcribe any and all other maps and records kept or maintained by the grantee or under its control which deal with operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the county, or upon reasonable request made available in the county, and if the board determines 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.

   2. The grantee shall prepare and furnish to the director of public works and the county clerk at the times and in the form prescribed by either of these officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the county or any of its officers in connection with the franchise.

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

   4. The grantee shall file with the director of public works, on or before March 31 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 county.

• (Ord. 72-6 § 16, 1972)

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

1. 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.

2. That the system, as installed, be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and intelligence.

3. That the system and all equipment be designed and rated for twenty-four per day continuous operation.

4. That the system provides a nominal signal level of two thousand micro volts at the input terminals of each TV receiver.

5. That the system signal-to-noise ratio is not less than forty decibels.

6. That hum modulation of the picture signal is less than five percent.

7. That the system use components having a VSWR of one and four tenth or less.

(Ord. 72-6 § 17, 1972)

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

2. The grantee shall pay the county money sufficient to reimburse it 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 days after the county furnishes the grantee with a written statement of such expenses by delivery of same to the county clerk.

3. The grantee shall maintain an office within the county so that CATV maintenance service shall be promptly available to subscribers.

4. No person, firm 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.

(Ord. 72-6 § 18, 1972)

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 director of public works.

(Ord. 72-6 § 19, 1972)

1. Application for a franchise hereunder shall be in writing, shall be filed with the county 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 associate 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 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 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 specific location thereof.

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

   5. A statement or schedule in a form approved by the director of public works 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 one hundred fifty feet of distance from cable to connection of service to subscribers, an additional installment 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 county, service may be made available on the basis of 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 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, public accountant, or person otherwise satisfactory to the board showing applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system.

   9. The board may at any time demand, and applicant shall provide, such supplementary, additional or other information as the board may deem reasonably necessary to determine whether the requested franchise should be granted.

2. Upon consideration of any such application, the board may refuse to grant the requested franchise or the board may by ordinance grant a franchise for a CATV system to any such applicant as may appear from the application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the county. The board's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.

3. Any franchise granted pursuant to this chapter includes the following condition: "The CATV system franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance of the County of Del Norte and no other purpose whatsoever." Inclusion of the foregoing statement in any such franchise shall not limit the authority of the county 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 chapter.

(Ord. 72-6 § 20, 1972)

Any franchise granted under this chapter 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 board may at its option waive compliance with any or all of the requirements of Section 5.08.200.

• (Ord. 72-6 § 21, 1972)

1. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required in this section and Sections 5.08.140 and 5.08.150A. and B. are done and completed, all of such things being declared to be conditions precedented to the effectiveness 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 board may declare the franchise null and void.

2. Within thirty days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the board in its discretion may authorize, the grantee shall file with the county clerk his written acceptance, in form satisfactory to the county counsel, of the franchise, together with the bond and insurance policies required by Sections 5.08.140 and 5.08.150 A. and B., respectively, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the county counsel.

(Ord. 72-6 § 22, 1972)

1. From and after June 21, 1972, it is unlawful for any person to establish, operate, or carry on the business of distributing to any persons in this county any television signals or radio signals by means of a CATV system unless a franchise therefor has been first obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

2. From and after June 21, 1972, it is unlawful for any person to construct, install or maintain within any public street in the county, or within any other public property of the county, or within any privatelyowned area within the county 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 county, any equipment or facilities for distributing any television signals or radio signals through a CATV 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.

3. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this county for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound.

4. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this county 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.

5. It is 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 television signals, radio signals, pictures, programs or sound.

(Ord. 72-6 § 23, 1972)