Del Rey Oaks Municipal Code Ch. 5.08 Cable Television Systems

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 singular number include the plural number:

Ancillary services means those services provided to subscribers other than basic services and pay television (such as alarm, banking and other nonentertainment services).

Basic service, where referred to in this chapter, means a minimum of 12 television channel retransmissions of grantee receivable by all television sets via the standard 12 channel VHF tuner.

Cable television system; CATV; and CTV; broad-band two-way communications system, for the purpose of this chapter, are terms describing a system employing antennae, microwave, wires, waveguides, coaxial cables, or other conductors, equipment or facilities, designed, constructed or used for the purpose of:

1. Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;

2. Transmitting original cablecast programming not received through television broadcast signals;

3. Transmitting television pictures, film and video-tape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers;

4. Transmitting or receiving two-way signals or transmissions;

5. Transmitting or receiving all other signals: digital, voice and audio-visual; provided, however, that any of the services permitted hereunder to be performed, as described above, shall be those performed by the grantee for subscribers, as herein defined, in the operation of a cable television to CATV system franchised by the city and not otherwise.

City means the city of Del Rey Oaks, a municipal corporation of the State of California, in its present form or in any later reorganized, consolidated, enlarged or modified form.

City administrative officer means the city clerk or other designation of the city's chief executive officer, or any designee thereof.

Council means the governing body of the city or any future body constituting the legislative body of the city.

Franchise means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable television system within all or a specified area in the city.

Grantee means the person, firm or corporation granted a franchise by the council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

Gross revenue means any kind and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from: (1) subscribers or users in payment for video, audio, or other electrical signals, reception or service received within the city including installation; (2) from any other person or utilization of or connection to the property of grantee to the extent city may from time to time locally impose a franchise payment on account thereof. Notwithstanding the above, gross annual receipts shall not include line extension charges or any taxes on services furnished by any city, county, state or other governmental unit and collected by the grantee for such governmental unit; or copyright fees collected on behalf of and transmitted to the Federal Copyright Tribunal, fees paid to program suppliers, advertising revenues and charges made to subscribers for ancillary services; provided, however, that the city expressly reserves the right to review, consider and negotiate with grantee to impose payment to the city of up to three percent of the revenues derived from ancillary services, as defined herein. Such payment requirement may be imposed no sooner than five years after the award or renewal of a franchise hereunder, and only after a public hearing, and only in the event that the grantee is already paying a similar fee to two or more of the other franchises served by it within Monterey County. Grantee shall not pay franchise fees on services unless similar services provided by other media are also taxed in an equivalent manner.

Line extension charge means that additional capital improvement cost, passed on to the subscriber at the time of construction, for bringing service beyond 150 feet from an existing main trunk line or cable.

Person means any natural person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, and societies.

Property of grantee means all property owned, installed, or used within the city by a grantee in the conduct of a cable television system business under the authority of a franchise granted pursuant to this chapter.

Special service area means an area(s) of the city designated by the council, if it so elects, in the franchise agreement, where the franchisee may charge different rates, or provide different service(s), than in the remainder of the city.

Street means the surface, the air space above the surface and the area below the surface of any public road, public street, other public right of way or public place, including public utility easements.

Subscriber or user means any person or entity receiving for any purpose any service of the grantee's cable television system including, but not limited to, the conventional cable television system service of retransmission of television broadcast, radio signals, grantee's original cablecasting, and the local government, education and public access channels; and other services, such as leasing of channels, data and facsimile transmissions, pay television, and police, fire and similar public service communication.

(Prior code § 13-401)

A. A nonexclusive franchise to install, construct, operate, and maintain a cable television system on roads or streets within all or a specific portion of the city may be granted by the council to any person, whether operating under an existing franchise, 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 may be deemed or construed as to require the granting of a franchise when in the opinion of the council it is in the public interest to restrict the number of grantees to one or more.

B. When and in the event that the grantee of any franchise granted hereunder uses in his cable television system distribution channels furnished to the grantee by a telephone company pursuant to tariff or contract on file with a regulatory body having jurisdiction and said grantee makes no use of the streets independent of such telephone company furnished facilities, said 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."

(Prior code § 13-402)

A. Basic Service. The cable television system permitted to be installed and operated hereunder 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 hereafter authorized by the Federal Communications Commission;

2. Be constructed or reconstructed to be capable of becoming two-way operational;

3. Distribute color television signals which it receives in color;

4. Be constructed and maintained so as to consist of currently used technology which is economically and technically feasible.

B. Non-Basic Services. The cable television system permitted to be installed and operated hereunder, shall have the right to engage in the business of:

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

2. Transmitting television pictures, film and video-tape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers;

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

C. Subscriber Complaints. In addition to other service regulations adopted by the council, and excepting circumstances beyond grantee's control such as acts of God, riots and civil disturbances, and in providing the foregoing services, the grantee shall:

1. Limit system failures to minimum time duration by locating and correcting malfunctioning promptly, but in no event longer than 24 hours after occurrence, irrespective of holidays or other nonbusiness hours.

2. Upon substantial complaint by a subscriber, make a demonstration satisfactory to the city clerk 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;

3. Render efficient service, making repairs promptly and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to subscribers 24 hours in advance and shall occur during periods of minimum use of system. Notice may be by newspaper advertisement or a reasonable number of notices over the cable system itself to subscribers;

4. Maintain an office in the city or within 30 miles of the city boundary, which office shall be open during all the usual business hours, with its telephone number listed in directories of the telephone company serving the city. The phone system shall be so operated that complaints and requests for repairs or adjustment may be received at any time, day or night, seven days a week, or provide a local telephone directory listing and "toll free" telephone service maintained on a seven-day, 24- hour basis for the receipt of a consumer complaint;

5. Maintain a "log," listing date of customer complaints, identifying the subscriber and describing the nature of the complaint, and when and what action was taken by grantee in response thereto; said record shall be kept at grantee's local office, for a period of one year from the date of complaint, and shall be available for inspection during regular business hours without further notice or demand, by the city clerk or his designated representative. Provided, however, the city clerk may require records be maintained an additional one year period in specific circumstances, including where complaints have been excessive.

D. Governmental Service. With respect to the basic television services, the grantee shall provide all subscriber services, and a tie-in connection, without cost, when the systems main trunk or feeder lines pass within 150 feet, the following facilities when requested by grantor, subject to the requirements of federal law to:

1. Public schools and community colleges within the city; and

2. Buildings owned and/or controlled by the city, used for public purposes and not for residential use.

E. Uses Permitted. 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 cable television system in the city, and for that purpose subject to the encroachment ordinance to erect, install, construct, repair, replace, reconstruct, maintain, and retain in, or over, under, upon, across, and along any road, street, such poles, wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, and appliances, attachments, and other property as may be necessary and appurtenant to the cable television 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 city.

F. Notwithstanding provision of this section, grantor may waive specific requirements in unusual circumstances, including small systems (under 500 subscribers) or low density (under 20 homes per mile of cable). The adequacy of an application for such waiver shall be weighed against the public interest, by the grantor.

(Prior code § 13-403)

A. In consideration of the granting and exercise of a franchise to use the roads, streets, as herein defined, for the operation of a cable television system, any grantee shall pay to the city, during the life of the franchise, five percent of the franchisee's gross annual receipts, as defined in Section 5.08.010, per year from all cable services in the city.

B. The percentage payments shall be made quarterly to the city clerk, or in the manner and at the times directed in said franchise, or in a council resolution fixing franchise fees and adopting rules for service and rate regulation. All receivables shall be maintained on an accrual basis for the purpose of determining the percentage of monies due to the city under this chapter, with an annual adjustment for bad debts.

C. 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.

D. In the event that the above payment is not received by the city within the specified time in addition to the unpaid balance, grantee shall pay to the city as interest thereon the same percentage on the unpaid balance as the city earned on its invested funds during the same period.

(Prior code § 13-404)

A. The franchise granted by the council under this chapter shall be for a maximum term of 17 years from the date of its acceptance by the grantee. Grantee may apply for renewal during the last five years of the franchise.

B. The city may terminate any franchise granted pursuant to the provisions of this chapter in the event of the failure, refusal or neglect by grantee to do or comply with any material requirement or limitation contained in this chapter, or any material rule or regulation of the council or city clerk validly adopted pursuant to this chapter.

C. The city clerk may make written demand that the grantee do or comply with any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the grantee continues for a period of 30 days following such written demand, the city clerk shall cause to be served upon such grantee, at least ten days prior to the date of such council meeting, a written notice of his intent to request such termination, and the time and place of the meeting, notice of which shall be published by the city clerk at least once, ten days before such meeting in a newspaper of general circulation within the city.

D. The council shall consider the request of the city clerk and shall hear any persons interested therein, and shall determine, in its discretion, whether or not any failure, refusal or neglect by the grantee was with just cause.

E. If such failure, refusal or neglect by the grantee was with just cause, the council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

F. If the council shall determine such failure, refusal or neglect by the grantee was without just cause, then the council may, by resolution, declare that the franchise of such grantee shall be terminated and forfeited unless there be compliance by the grantee within such period as the council may reasonably fix, or reduce the length of the franchise by a period of time up to the duration of the failure and/or violation.

G. The termination and forfeiture of any franchise shall in no way affect any of the rights of the council under the franchise or any provision of law.

H. In the event of any holding over after expiration of any franchise granted hereunder, the grantee shall pay to the council reasonable compensation and damages, of not less than 100 percent of its gross receipts in the city during said period.

(Prior code § 13-405)

Each application for a new (as opposed to a renewal) franchise to construct, operate, or maintain any cable television systems in this city shall be filed with the city clerk and shall contain or be accompanied by the following:

A. The name, address and telephone number of applicant;

B. A detailed statement of the corporate or other business entity organization of applicant, including, but not limited to, the following and to whatever extent required by the city:

1. The names, residence and business addresses of all officers, directors and associates of applicant;

2. The names, residence and business addresses of all officers, persons and entities having, controlling, or being entitled to have or control of five percent or more of the ownership of applicant and the respective ownership share of each such person or entity;

3. The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, cable television systems owned or controlled by the nature of any such parent or subsidiary business entity, including, but not limited to, cable television systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby;

4. A description of previous experience of applicant in providing cable television system service and in related or similar fields;

5. A detailed and complete financial statement of applicant, prepared by an independent certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both applicant and the council, setting forth the basis for a study performed by such lending institution or funding source, and clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by applicant to construct and operate the proposed system in the city, or a statement from a certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this city;

6. A statement identifying, by place and date, any other cable television franchise(s) awarded to applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such systems(s); and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof;

C. A detailed description of the proposed plan of operation of applicant which shall include, but not be limited to, the following:

1. A detailed map indicating all areas served or proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served;

2. A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and service charges;

3. A detailed, informative and referenced statement describing the actual equipment and operational standards proposed by applicant and that such standards of operations are in compliance with those contained in Title 47, Subpart K (76.601 et seq.), of the Rules and Regulations of the Federal Communications Commission;

4. A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm or corporation, which materially relate or pertain to or depend upon the application and the granting of the franchise;

D. A copy of any agreement covering the franchise area, if existing between the applicant and any public utility, subject to regulation by the California Public Utilities Commission providing for the use of any facilities of the public utility, including but not limited to, poles, lines, or conduits;

E. Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the council, or by any provision of any other ordinance of the council;

F. 1.

An application fee in the sum of $500.00, which shall be in the form of cash, cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, which shall be in consideration thereof;

2. The council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same shall be received, and may make any other determinations and specify any other times, terms, conditions or limitations respecting the soliciting, calling for, making and receiving of such applications.

3. Upon receipt of any application for franchise, the council shall refer the same to the city clerk who shall prepare a report and make his recommendations respecting such application, and cause the same to be completed and filed with the council.

4. If the council shall determine to further consider the application, it shall pass a resolution setting a public hearing for the consideration of competing applications; fixing and setting forth a day, hour, and place certain when and where a person having any interest therein or objections thereto may file written protests and/or appear before the council and be heard, and directing the city clerk to publish said resolution at least once within ten days of the passage thereof in a newspaper of general circulation within the city.

5. In making any determination hereunder as to any application for a new franchise, or renewal thereof, the council may give due consideration to the quality of the service proposed, income to the city, experience, character, background, and financial responsibility of any applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, and to abide by policy conditions, franchise limitations and requirements, and any other considerations deemed pertinent by the council for safeguarding the interests of the city and the public.

6. At the time set for the hearing, or at any adjournment thereof, the council shall proceed to hear all written protests. Thereafter, the council shall make one of the following determinations:

a. That such application(s) be denied, which determination shall be final and conclusive; or

b. That such franchise be granted and the terms and conditions thereof.

G. The council may reject any and all applications and may, if it so desires, request new and/or additional proposals.

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

I. Any grantee, upon the effective date of its franchise, shall be required to reimburse city for its estimated engineering, administrative, environmental, publication and legal expenses incurred in connection with the processing, evaluation, and preparation of documents relating to such franchise, as such shall be established in the franchise agreement, in a total amount not to exceed $15,000.00, less the $500.00 application fee. Actual costs shall be determined by the city clerk.

J. On any renewal application, the city may waive any of the requirements of this section.

(Prior code § 13-406)

A. Performance Deposit to City. The grantee shall concurrently with the filing of an acceptance of award of a new franchise as opposed to a renewal of an existing and built system granted under this chapter, deposit in a financial institution selected by the city the sum of not to exceed $50,000.00 in a joint account with the grantee and the city as cosignators. The amount shall be determined by the council upon recommendation by the city clerk. This sum shall be maintained in an interest-bearing joint account during the period of construction of the cable television system within the city limits, but in no event in excess of three years. The return of the sum plus interest to the grantee shall be conditioned upon the faithful performance of the grantee, and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of this chapter or of the franchise issued to the grantee hereunder, there shall be recoverable from this sum 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 herein which may be in default, plus a reasonable allowance for the attorney's fees and costs, up to the full account. In lieu of said deposit, grantee may file with the city a corporate surety bond or other adequate security in the same amount and condition as above.

B. Performance Bond for Subscribers.

1. Upon being granted a franchise, and upon filing of the acceptance required hereunder, the grantee shall file, annually, with the city clerk, and shall thereafter during the entire term of such franchise maintain in full force and effect a corporate surety bond, or other adequate surety agreement, in the amount of $10,000.00. The bond or agreement shall be so conditioned that in the event such grantee shall fail to comply with any one or more of the provisions of any agreement or undertaking made between grantee and any subscriber, then there shall be recoverable jointly and severally from the principal and surety any damages or costs suffered or incurred by a subscriber as a result thereof, including reasonable attorney's fees and costs of any action or proceeding. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until grantee shall have satisfied in full any and all obligations to any subscriber which arise out of or pertain to any such agreement or undertaking.

2. An additional performance bond may be required in appropriate amounts and conditions if grantee solicits prepayment from potential subscribers prior to becoming operational.

C. Indemnification. Grantee, by accepting a franchise, and grantor by granting a franchise, shall be deemed to have agreed to indemnify and hold each other, its officers, boards, commissions, agents, consultants and/or employees, harmless against and from all claims, demands, causes of actions, suits, proceedings, damages, costs or liabilities of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, costs and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, and/or court costs, incurred as a result of such indemnifying party's negligence or willful misconduct.

D. Defense of Litigation.

1. Grantee shall, at the sole risk and expense of grantee, upon demand of the city, made by and through the city council, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise, brought or instituted or affecting the city, its officers, boards, commissions, agents, or employees, and arising out of or pertaining to the exercise of the enjoyment of such franchise.

2. Grantee shall pay and satisfy or shall cause to be paid and satisfied any judgment, decree, order, directive or demand rendered, made or issued against grantee, the city, its officers, boards, commissions, agents, or employees arising from grantee's enjoyment of the franchise; 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 hereunder, or otherwise; provided that neither grantee nor city shall make or enter into any compromise or settlement of any claim, demand, cause of action, action suit, or other proceeding, without first obtaining the written consent of the other.

E. Insurance Required. Upon being granted a franchise and upon the filing of the acceptance required hereunder, the grantee shall file with the city clerk and shall thereafter during the entire term of such franchise, maintain in full force and effect, at its own cost and expense, each of the following policies of insurance:

1. General comprehensive liability insurance in the amount of $1,000,000.00, together with bodily injury liability insurance in an amount of not less than $500,000.00 for injuries including accidental death to one person, and subject to the same limit for each person in an amount of not less than $1,000,000.00 on account of any one occurrence, and property damage liability insurance in an amount not less than $50,000.00 resulting from any one occurrence, and worker's compensation insurance as provided by statute; provided, however, as follows:

a. The city shall be named as an additional insured in any of said insurance policies; and said policies shall contain an endorsement that the insurance shall be primary as to any insurance coverage which the city may have.

b. Where such insurance is provided by a policy which also covers grantee or any other entity or person, it shall contain the standard cross-liability endorsement.

(Prior code § 13-407)

A. No franchise granted under this chapter shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the city clerk. Written acceptance, which shall be in the form and substance approved by the city attorney, shall also be and operated as an acceptance of each and every term and condition and limitation contained in this chapter, or in such franchise, or otherwise specified as herein provided.

B. The written acceptance shall be filed by the grantee not later than 12:01 p.m. of the 40th day next following the effective date of the resolution granting such franchise.

C. In default of the filing of such written acceptance as herein required, the grantee shall be deemed to have rejected and repudiated the franchise. Thereafter, the acceptance of the grantee shall not be received nor filed by the city clerk. The grantee shall have no rights, remedies, or redress in the franchise, unless and until the council, by resolution, shall determine that such acceptance be received or filed, and then upon such terms and conditions as the council may impose.

D. In any case, and in any instance, all rights, remedies and redress which may or shall be available to the city, shall be preserved and maintained and shall continuously exist in and to the city and shall not be in any manner or means modified, abridged, altered, restricted, or impaired by agreement or otherwise.

(Prior code § 13- 408)

A. Every franchise granted under 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 herein.

C. Any privilege claimed under such franchise by the grantee in any road, street or other public property shall be subordinate to any prior lawful occupancy to the roads, streets or other public property.

D. 1.

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 force or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without prior consent of the council expressed by resolution, and then only under such conditions as may be therein prescribed. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale, or similar document, a duly executed copy of which shall be filed in the office of the city clerk within 30 days after any such transfer or assignment. The said consent of the council may not be unreasonably refused; provided, however, that proposed assignee must show responsibility as determined by the council utilizing the factors specified in Section 5.08.060 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, in whole or in part, to secure an indebtedness, except that when such hypothecation shall exceed 25 percent of the market value of the property used by the franchisee in the conduct of the cable television system, prior consent of the council shall be required for a transfer. Such consent shall not be withheld unreasonably.

2. In the event that grantee is a corporation, prior approval of the council, expressed by resolution, shall be required where there is an actual change in control or where ownership of more than 25 percent of the voting stock of grantee is acquired by a person or group of persons acting in concert, none of whom already own 50 percent or more of the voting stock, singly or collectively. Any such acquisition occurring without prior approval of the council shall constitute a failure to comply with a provision of this chapter within the meaning of Section 5.08.050 of this chapter.

E. Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of the obligation to comply promptly with any of the provisions of this chapter 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 be subject to all requirements of city laws, rules, regulations, and specifications heretofore or hereafter enacted or established.

H. Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the city utility company, or from other maintaining utilities in roads and streets.

I. Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining encroachment permits or permits to excavate in any road or street from any department of the city.

J. 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 cable television system in the city; and the acceptance of any franchise hereunder shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the city, to the effect that as between grantee and the city, and all construction, operation and maintenance by any grantee of any cable television system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not hereunder pursuant to any other right, privilege, power, immunity or authority whatsoever, except as provided by preemptive law or statute, state or federal.

(Prior code § 13-409)

The city reserves the power to adopt and enforce requirements and regulations, if financially feasible, on any or all of the following matters, if an when deemed necessary and proper in the public interest by the council and are consistent with Rules and Regulations of the Federal Communications Commission, and applicable state and federal law:

A. Requirements and regulations pertaining to minimum service requirements included in this chapter and fair business practices by the grantee;

B. Public safety requirements pertaining to the installation and use of all CATV equipment;

C. Procedures for the investigation and resolution of all complaints by subscribers regarding grantee's CATV operations, including implementation thereof by designated city officers, employees or agents;

D. There is reserved to the city every right and power which is required to be herein reserved or provided by any law 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;

E. Nothing herein 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 rights of eminent domain, at a fair market value as a going concern, 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, whether for a term or in perpetuity, the city's right of eminent domain;

F. 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 city;

G. The council 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 city clerk, with the approval of the city attorney, 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 city, 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 city clerk, may appeal the matter to the council for hearing and determination. The council may accept, reject or modify the decision of the city clerk, 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;

H. In the event that the Federal Communications Commission elects to deregulate any area of cable communication over which it currently exercises jurisdiction, or grant authority to municipalities to regulate in these areas, any franchise issued pursuant to this chapter shall be automatically amended, without any additional act by any party to it, to reflect these new municipalities regulatory powers, and the city may, if it so elects, reasonably adopt rules and regulations in these areas, after a public hearing and negotiation with the grantee.

(Prior code § 13-410)

A. Standards of Operation.

1. Prior to granting such franchises, the council may adopt further rules, regulations and standards governing the operation of cable television systems in the city. Such rules, regulations and standards shall apply to and shall govern the operation of the grantee of any franchise hereunder, and are expressly declared a part of any franchise hereunder.

2. The standards adopted pursuant to these procedures shall be exclusively in those areas not either expressly or impliedly preempted by the Federal Communications Commission at the time of adoption.

B. Rates.

1. Grantee shall have the right, after 30 days advance notice to its subscribers and to the city council, to increase the rates charged for basic cable television installation, subscriber rates, and service; provided, however, that the rates charged to subscribers within the city following such a proposed increase shall not exceed the average of all other similar rates charged by the grantee within its service area in Monterey County. Said resulting increase shall be rounded to the $.05. At least 12 calendar months shall elapse between each rate increase as defined herein. In the event the grantee wishes to increase the basic rates in excess of said amount, it may submit a request to the city council, together with supporting documentation. The city council shall refer the matter to the city administrative officer for review and recommendation back to the city council for consideration at a regular meeting. Said meeting shall be within 120 days of the date of rate increase application by the grantee unless extenuating circumstances exist. Notice of said meeting shall be published at least ten days prior to said meeting in a newspaper of general circulation in the city. The council may approve, disapprove, or modify the amount of the requested increase which is in excess of the amount based on the service area average as provided herein.

2. No charge shall be imposed upon any subscriber for termination of CATV service or removal of CATV apparatus upon termination of such service. No rate or charge of any type shall be imposed on a subscriber after receipt of notice of termination from subscriber, unless such subscriber withdraws such notice prior to actual termination of service.

3. No charge shall be made to any subscriber by reason of the maintenance, repair, removal or replacement of any CATV apparatus, or property of grantee, unless the same was caused by the deliberate or negligent act of such subscriber.

4. Except as otherwise provided by subsection (B)(1) of this section, grantee shall not charge different rates to subscribers receiving the same services, nor shall there be any difference in the services or facilities or in any other respect between subscribers, except as authorized in special services area and, except that installation charges may vary according to the costs of installation. No grantee shall make or grant any preference to any corporation or person as to rates, charges, services, facilities, or rebates, or in any other respect, nor subject any corporation or person to any prejudice or disadvantage. These subsections, (B)(1) through (B)(4), shall not apply if the cable system is deregulated pursuant to state of federal law.

C. In addition to any other rate for services, the grantee may make an additional charge representing the actual cost of the federal copyright fee imposed pursuant to the Federal Copyright Act of 1976. Said fee shall be separately identified on any billing as the "Federal Copyright Fee" or other similar wording. On or before July 1st and January 1st of each year, the grantee shall submit to the city proof of the amount actually paid to the federal government, the amount collected from customers for the previous six months, and the amount to be billed customers for the next six-month period. The amount billed customers shall be adjusted each six months to the nearest $.01 so that the gross fee collected from customers is as nearly equal as possible to the amount of fee paid by the grantee.

D. The grantee may make an additional charge to each subscriber representing the actual franchise fee paid to the city. The amount billed customer shall be adjusted to the nearest $0.01 so that the gross fee collected from customer is as nearly equal as possible to the amount of fee paid to the city.

(Prior code § 13-411)

A. 1. Within 30 days after acceptance of any new 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 attachment, 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 the cable television systems, or associated microwave transmission facilities.

2. 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 grantee's cable television operations, shall, upon request, also be submitted simultaneously to the city administrative officer.

B. Within 90 days after obtaining all necessary permits, licenses and authorizations, including right of access to poles and conduits, encroachment permits in roads and streets, grantee shall commence construction and installation of the cable television system.

C. Within 180 days after the commencement of construction and installation of the system, 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 of the areas designated and schedules on the map and plan of construction made part of the franchise shall be provided as set forth therein. Grantee is required to complete said construction in a maximum of three years, although a shorter time may be specified in the franchise.

D. 1.

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 on public property unless and until first securing the written approval of the city administrative officer.

2. Whenever grantee does not utilize existing poles conduits and other facilities, or whenever existing conduits and other facilities are to be located beneath the surface of the roads, 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 within the city, the city, in the exercise of its police power or pursuant to the terms hereof upon reasonable notice to grantee, may require such conduits or other facilities of grantee shall be constructed, installed, placed, or replaced beneath the surface of the streets. Any construction, installation, placement, replacement, or changes which may be required shall be made at the expense of grantee, whose costs shall be determined as in the case of public utilities. Grantee shall be entitled to a proportionate share of any Rule 20 monies.

E. 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 grantee in any street, provided such use by city does not interfere with the use by the grantee.

F. In those areas of the city where the transmission or distribution facilities of the respective public utilities providing telephone, communication and electric services are underground or hereafter are placed underground, the grantee likewise shall construct, operate and maintain all of his transmission and distribution facilities underground. The term "underground" shall include a partial underground system; provided, that upon obtaining the written approval of the city administrative officer, which consent shall not be unreasonably withheld, amplifiers in the grantee's transmission and distribution lines may be placed above ground where similar telephone, electrical distribution, and gas distribution facilities are located above ground.

G. The grantee, at his expense, shall protect, support, temporarily disconnect, relocate, or remove any property of grantee when, in the opinion of the city administrative officer the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of road or street grade, installation of sewers, drains, waterpipes, power line, signal line, transportation facilities, tracks, or any other types of structure or improvement or governmental agencies, whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, 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 shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of grantee in place, as herein provided. Nothing hereunder shall be deemed a taking of the property of grantee, and grantee shall be entitled to no surcharge by reason of anything hereunder.

H. Upon the failure, refusal, or neglect of grantee to commence and diligently pursue any work or other act required by law or hereunder 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 administrative officer may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to grantee an itemized statement of the costs thereof. The grantee shall, within 30 days after receipt of such statement, pay to the city the entire amount thereof.

I. In the event that:

1. The use of any part of the system of grantee is discontinued for any reason for a continuous period of 30 days, without prior written notice to and approval by the city;

2. Any part of such system has been installed in any street or other area without complying with the requirements hereof; or

3. Any franchise shall be terminated, cancelled or shall expire;

then the grantee shall, at the option of the city, and upon demand of the city, promptly remove from any roads or streets or other area all property of grantee, and grantee shall promptly restore the road or street or other area from which such property has been removed to such condition as the city administrative officer shall approve.

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

(Prior code § 13-412)

In the event of nonpreemption by federal law:

A. The grantee shall put, keep and maintain all parts of the system in good condition throughout the entire license period. Signals provided at each customer termination shall be low noise, high quality, with a minimum strength of 0 dBmV.

B. The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of industry to the effect that subscribers shall receive a high quality signal. In determining the satisfactory extent of such standards following, among others, shall be considered.

C. The system be installed using all band equipment capable of passing the entire VHF and FM spectrum.

D. The system, as installed, be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and integrity.

E. The system and all equipment be designed and rated for 24 hour per day continuous operation.

F. The system provides a nominal signal level of 1,000 microvolts (0 dBmV) at the input of each TV receiver.

G. The system signal-to-noise ratio is not less than 40 decibels.

H. The hum modulation of the picture signal is less than five percent.

I. The system use components having a VSWR of 1.4 or less.

J. Within 30 days after completion of the annual performance test required by the Federal Communications Commission, a copy of the results thereof shall be filed with the county clerk.

K. Upon reasonable request for service by any person located within the license area, the grantee shall within 120 days, furnish the requested service to such person within the term of the line extension policy. A request shall be unreasonable for the purpose of this subsection if no trunk line installation capable of servicing that person's block has as yet been installed. The city administrative officer may grant the grantee relief from the 120-day requirement upon the grantee's presentation of evidence of good faith effort and its inability to meet the 120-day time limit.

L. Grantee shall not allow its cable or other operations to interfere with television reception of persons not served by grantee, nor shall the system interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents within the confines of the city.

M. Grantee shall be responsible for eliminating all interference to land mobile communications systems, aeronautical or navigational radio receivers or systems and/or television receivers or systems, caused by radiation from grantee's receivers, amplifiers, transmitters or distribution system.

N. The grantee shall continue, through the term of the license, to maintain the technical standards and quality of service set forth in the grantee's license award agreement. Should the council find, by resolution, that the grantee has failed to maintain these technical standards and quality of service, and should it, by resolution, specifically enumerate improvements to be made, the grantee shall make such improvements. Failure to make such improvements within 60 days of such resolution will constitute a breach of franchise conditions.

(Prior code § 13-413)

A. Examination of Property. At all reasonable times, during normal business hours, 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, used for providing cable service to and/or, within the city, whether 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 technical operation and performance of the system serving the city, and/or those records of the grantee showing gross revenues from service within the city. 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 travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

B. The grantee shall prepare and furnish to the city administrative officer at the times and in the form prescribed by said officer, such reports as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise.

C. The grantee shall at all times make and keep available to the city full and complete plans and records showing the exact location of all CATV trunk and distribution equipment installed or in use in streets and other public places in the city.

D. The grantee shall file with the city surveyor, upon request, a current map or set of maps drawn on scale, showing all CATV distribution equipment installed and in place in streets and other public places of the city. Once the first set of maps is filed, revisions may be filed upon request each year in lieu of a full new set of maps.

(Prior code § 13-414)

Upon the revocation of the franchise, or the expiration of the terms thereof, and upon payment for the grantee's CATV system, to the extent authorized by law, the grantor may purchase, acquire, takeover, or hold said system. For purposes of this section, "fair market value" shall be determined by valuing the grantee's system as a going concern. No value shall be assigned to the franchise granted hereunder. Immediately upon a determination of revocation or expiration of the franchise, the grantor and grantee shall attempt to mutually agree upon the fair market value of the system. However, if within a reasonable period of time they cannot agree upon the fair market valuation, then said valuation shall be determined by a three-member board of appraisers, one selected by the grantor, one selected by the grantee, and one selected by the appraisers themselves. The cost of said appraisal shall be borne equally by the grantor and the grantee.

(Prior code § 13-415)

The city may intervene at its expense in any suit or proceeding in which the grantee is a party; provided, that the city's interests are not adequately represented by the existing parties, and provided further, that the disposition of each suit or proceeding without the city's participation may, as a practical matter, impair or impede the city's ability to protect those interests.

(Prior code § 13-416)

The licensee shall, at its expense, protect, support, temporarily disconnect, relocate the same street, or remove from any street any of its CATV systems when required by the road commissioner by reason of traffic conditions, public safety, street vacation, county freeway construction, change or establishment of street grade, installation of sewers, drains or any other type of structures by the city, or other governmental agencies or any other street or public improvements; provided, however, that the licensee shall, in all such cases, have the privileges and be under the obligations to abandon any portion of the CATV system in places which are provided in Section 5.08.120.

(Prior code § 13-417)

A. The grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

B. The grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electrical Code, as it now exists or hereafter may be amended, and in such manner that they will not interfere with any installations of the city or a public utility serving the city.

C. All structures and all lines, equipment and connections in, over, under and upon the roads, streets, sidewalks, alleys, and public ways or places of the city, wherever situated or located, shall at all times be kept and maintained in a safe, suitable substantial condition, and in good order and repair.

D. The grantee shall strictly adhere to all building and zoning codes currently or hereafter in force. The grantee shall arrange its lines, cables, and other appurtenances on both public and private property, in such a manner as to cause no unreasonable interference with the use of said public or private property by any person.

(Prior code § 13-418)

Upon termination of service to any subscriber, the grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request.

(Prior code § 13-419)

Any and all roads, streets and public ways which are disturbed or damaged during the construction, operation, maintenance, or reconstruction of the cable television system, shall be promptly repaired by the grantee, at its expense, to the satisfaction of the grantor. This shall be done under authority of encroachment permit. Upon any failure of the licensee to commence, upon ten days' written notice, pursue or complete any work required of it by law, ordinance, or by the provisions of this chapter to be done in any street, the road commissioner, at his option and according to law, may cause such work to be done and the licensee shall pay to the city the cost thereof in the itemized amounts reported by the road commissioner to the licensee, within 30 days after receipt of such itemized report.

(Prior code § 13-420)

The grantee is expected to make use of existing aerial poles. However, the grantee shall have the right to erect poles if written permission is obtained from the grantor. Except as may be permitted, the grantee shall lease pole space from existing owners for all construction. The grantor shall utilize its best efforts to assist in arriving at equitable rental agreement.

(Prior code § 13-421)

Services shall be offered to all city residents served by the franchise in accordance with the provisions of the franchise agreement.

(Prior code § 13-422)

As defined in the franchise agreement, the grantee shall be permitted to charge higher installation fees for areas of low housing density, commercial areas and/or underground utility areas that require exceptionally high construction costs. Upon petition by the grantee, the council may defer or indefinitely suspend any expansion into such a special service area after a showing by grantee that such expansion would cause unreasonable financial hardship to grantee. The adequacy of such a showing shall be determined and weighed against the public interest in system expansion by the council after a public hearing.

(Prior code § 13-423)

Upon the foreclosure or other judicial sale of all or a substantial part of the CATV System, or upon the termination of any lease covering all or a substantial part of the CATV System, the grantee shall notify the city clerk of such fact, and such notification shall be treated as a notification that a change of control of the grantee has taken place and the provisions of this chapter governing the consent of the council to such change in control of the grantee shall apply. The grantor shall have the right to revoke the franchise 120 days after the appointment of a receiver, or trustee, to take over and conduct the business of the other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless:

A. Within 120 days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of the franchise and remedied all defaults thereunder; and

B. Such receiver or trustee, within said 120 days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the franchise.

(Prior code § 13-424)

In order to preserve the right of the city under the franchise provided for, and its right to acquire the property of the grantee by purchase or by eminent domain proceedings at its then fair market value, at any time during the existence of the franchise, it is especially provided that at any time the franchise or the property of the grantee under the franchise shall become the subject of eminent domain proceedings by the city, the city reserves and shall have the right at the time such proceedings are commenced, or at any time thereafter, to terminate said franchise by resolution.

(Prior code § 13-425)

It shall be the right of all subscribers to receive all contracted for available services insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify, or sell the system, or the grantor revokes or fails to renew the franchise, the grantee shall do everything in its power to insure that all subscribers receive continuous, uninterrupted service regardless of the circumstances during the lifetime of the franchise. In the event of purchase by the grantor, or a change of grantee, the current grantee shall cooperate with the grantor to operate the system for a temporary period, as agreed upon between grantor and grantee, in maintaining continuity of service to all subscribers. In such case the city shall waive the provisions of Section 5.08.050(H).

(Prior code § 13-426)

A. Any individual, partnership or corporation employed by the city for the purposes of advertising, the city, its council, commissions, city administrative officer, or staff, on matters relating to cable television, or reviewing and evaluating, or assisting the city in reviewing and evaluating, proposals for the construction and operation of a cable television system(s), or regulating, or assisting the city in regulating, a cable television system, shall, as a term condition of their employment, file within ten days of the date of employment with the city clerk a statement containing:

1. A listing and description of any financial and/or ownership held by the consultant in any cable television company, any subsidiary or affiliate of any cable television company which is a supplier or customer of any cable television company, or in any other company which owns stock or has any interest in any of those types of companies which are described in this section. If the consultant is a partnership, the financial and/or ownership interests in cable television companies, affiliates, subsidiaries, suppliers and customers of any partner must be disclosed. If the consultant is a corporation, the financial and/or ownership interests in cable television companies, affiliates, subsidiaries, suppliers and customers of any shareholder, officer or director must be disclosed.

2. A listing and description of any cable television company, affiliate, subsidiary, supplier or customer which the consultant has represented, on a compensated or non-compensated basis, within the last 15 years.

B. The statement filed pursuant to this section shall be a public document open to inspection by any person. Failure to file this statement, or the inclusion of a material misrepresentation or omission within the statement, shall constitute grounds for the city's termination of the employment contract. The provision shall not apply to individuals who are subject to the reporting requirements of the "Political Reform Act of 1974" (California Government Code Sections 81000 et seq.) under the local Conflict of Interest Code if the disclosures required by the code are substantially similar to those of this section.

(Prior code § 13-427)

A. A franchise granted 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 connection to the cable television system of grantee, and may also authorize and permit the grantee to traverse any portion of the city in order to provide service outside the franchise area.

B. Arrangements for response to security alarms must be made with appropriate response agency and must be in conformance to their regulations and those of Monterey County Communications Department.

C. No franchise granted under 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. 1.

Grantee shall be subject to all provisions of the other ordinances, rules, regulations and specifications of the city heretofore or hereafter adopting, including, but not limited to, those pertaining to works and activities in, on, over, under and about roads or streets.

2. Any privilege claimed under any franchise granted pursuant to this chapter in any road or street or other public property shall be subordinate to any prior lawful occupancy of the roads, street, or other public property.

3. Grantee also shall be subject to the provisions of general laws of the State of California, or as hereafter amended, when applicable to the exercise of any privilege contained in any franchise granted under this chapter, including, but not limited to, those pertaining to works and activities in and about state highways.

E. Grantee shall be prohibited from directly or indirectly providing information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose. Grantee shall not directly or indirectly provide any information contained in two-way communications to any unauthorized recipient.

F. If the Federal Communications Commission or the Public Utilities Commission of the State of California or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise granted under 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.

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

H. 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, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charge.

I. When economically and technically feasible, grantee shall enter into an agreement with a subdivider or developer to provide cable service when the development is within the grantee's service area and when such service is required as a condition of a tentative subdivision map, use permit or other special permit. All trenching costs shall be borne by the developer and all wiring and trenching must conform to grantee's technical specifications.

(Prior code § 13-428)

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

B. The grantee shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including, apprenticeship.

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

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

(Prior code § 13-429)

A. From and after the effective date of this chapter, it is unlawful for any person to construct, install or maintain within any public street in the city, or 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 facilities for distributing any television signals or radio signals through a cable television system, unless a franchise authorizing such use of such road or street or property has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

B. It is unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable television system within this 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 said system.

C. 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.

(Prior code § 13-430)

The grantee shall maintain a subscriber complaint service for routine handling of customer service requests, as part of the requirements of the local staff as follows:

A. All calls involving loss of reception on all channels will normally be dispatched to the field immediately. If the loss of reception on all channels affects five or more customers, at any time of day or night, repairs will be dispatched to the field immediately and repairs will be made as soon as possible. Total loss of reception involving fewer than five customers will normally be corrected on the same day received except if reported after 2:00 p.m.; in which case, correction may be postponed to the following day. The majority of all outages (total loss of reception on all channels) will be corrected within 12 hours or less.

B. Requests for repairs made after hours or on weekends should be answered by an answering service or staff. Outage calls will be referred immediately to the standby technician for resolution in accordance with the procedure outlined hereinabove. Calls involving degraded service will be reported by the answering service not later than the beginning of the next business day. The staff will then call the customer to schedule a service call.

C. If, in response to a complaint, the service technician finds no one home, a call to the dispatch operator shall be made; who, in turn, shall try to contact the subscriber by phone.

D. If the subscriber is still not contacted, the service technician shall check and correct any problems found outside the subscriber's residence and leave a door hanger informing the subscriber what was found and corrected, and requesting the subscriber to make a service appointment if the problem still exists.

E. If the subscriber is home, the service technician shall introduce himself/herself, talk with the subscriber, determine the cause of the problem and correct it if the problem lies in the cable system. The technician should carry a test television set to compare pictures with the subscriber's set.

F. Calls or letters involving complaints about billing will be processed immediately whenever possible.

G. Service installations shall be accomplished on a timely basis.

H. The grantee shall have a follow-up policy to ensure customer satisfaction.

I. Grantee will maintain a data base, or "log," listing date of all consumer complaints, identifying the subscriber and describing the nature of the complaint, and when and what action was taken by the grantee in response thereto. The data base shall be maintained from the date of first subscriber service or franchise award, whichever is sooner. Such record, including letter complaints, shall be kept accessible at grantee's local office for a period of three years, and shall be available for inspection upon reasonable (normally 24 hours) notice during regular business hours by any duly authorized representative of the city.

(Prior code § 13-431)