Dublin Municipal Code Art. I General Provisions

The city of Dublin, pursuant to applicable federal and state law, is authorized to grant one or more nonexclusive franchises to construct, operate, maintain and reconstruct cable systems within the city limits.

(Ord. 3-01 § 3.1)

The City Council finds that the development of cable systems has the potential of having great benefit and impact upon the residents of the city. Because of the complex and rapidly changing technology associated with cable systems, the City Council further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the city or such persons as the city may designate. It is the intent of this chapter and subsequent amendments to provide for and specify the means to attain the best possible cable service to the public and any franchises issued pursuant to this chapter shall be deemed to include this as an integral finding thereof. It is the further intent of this chapter to establish regulatory provisions that permit the city to regulate cable system franchises to the extent permitted by federal and state law, including but not limited to the Federal Cable Communications Policy Act of 1984, the Federal Cable Television Consumer Protection and Competition Act of 1992, the Federal Telecommunications Act of 1996, applicable Federal Communications Commission regulations and applicable California law.

(Ord. 3-01 § 3.2)

A. Incorporation of FCC Cable Regulations. Grantor adopts and incorporates by reference the FCC Cable Regulations implementing the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C. 521 et seq.), including but not limited to those rules and regulations regarding rate regulation as set forth in 47 CFR 76.900 to 76.985 and regarding customer service standards as set forth in 47 CFR 76.309. Amendments to FCC rules and regulations implementing the Cable Act of 1992 made after the effective date of this section shall also be incorporated by reference without further legislative action by the Grantor.

The FCC Cable Regulations supersede any different or inconsistent provisions in Chapter 3.20 or in the franchise granted under it.

A copy of the FCC regulations is on file in the City Clerk's office.

B. Implementation. Grantor shall implement the FCC Cable Regulations in the city with the existing grantee and any future franchisees. In implementing the regulations, Grantor will ensure a reasonable opportunity for consideration of the views of interested parties.

(Ord. 3-94 § 1. Formerly 3.20.335.)

This chapter shall constitute the "Cable System Regulatory Ordinance" of the city of Dublin and may be referred to as such.

(Ord. 3-01 § 4)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning.

A.

"Basic cable service"

means any service tier which includes the retransmission of local television broadcast signals.

B.

"Cable operator"

means any person or group of persons who:

Provides cable service over a cable system and directly or through one (1) or more affiliates owns a significant interest in such cable system; or

Otherwise controls or is responsible for, through any arrangement, the management and operation of such cable system.

C.

"Cable service"

means:

The one-way transmission to subscribers of:

a.

Video programming; or

b.

Other programming service; and

Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

D.

"Cable system" or "system"

means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

A facility that serves only to retransmit television signals of one (1) or more television broadcast stations;

A facility that serves subscribers without using any public rights-of-way;

A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system (other than for the purposes of 47 USC 541) to the extent such facility is used in the transmission of video programming directly to subscribers; unless the extent of such use is solely to provide interactive on-demand services;

An open video system that complies with 47 USC 573; or

Any facilities of any electric utility used solely for operating its electric utility system.

E.

"Channel" or "cable channel"

means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission.

F.

"Council"

means the City Council of the city of Dublin.

G.

"Franchise"

means an initial authorization, or renewal thereof, issued by the Council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system. Any such authorization, in whatever form granted, shall not supersede the requirement to obtain any other license or permit required for the privilege of transacting business within the city as required by the other ordinances and laws of the city.

H.

"Franchise agreement"

means a franchise grant ordinance or a contractual agreement, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters.

I.

"Franchise fee"

means any fee or assessment of any kind imposed by the city on a Grantee as compensation for the Grantee's use of the public rights-of-way for the provision of cable service. The term "franchise fee" does not include:

Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers);

Capital costs which are required by the franchise to be incurred by Grantee for public, educational, or governmental access facilities;

Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

Any fee imposed under Title 17, United States Code.

J.

"Grantee"

means any "person" receiving a franchise pursuant to this chapter and under the granting franchise ordinance or agreement, and its lawful successor, transferee or assignee.

K.

"Grantor" or "city"

means the city of Dublin as represented by the Council or any delegate, acting within the lawful scope of its jurisdiction.

L.

"Gross annual cable service revenues"

means the annual gross revenues received by a Grantee from the operations of the cable system within the city to provide cable service utilizing the public rights-of-way for which a franchise is required, excluding refundable deposits, rebates or credits, and any sales, excise or other taxes or charges imposed externally to the franchise, and collected for direct pass-through to local, state or federal government.

M.

"Installation"

means the connection of the system to subscribers' terminals, and the provision of service.

N.

"Person"

means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.

O.

"Public, educational or government access facilities" or "PEG access facilities"

means the total of the following:

Channel capacity designated for noncommercial public, educational, or government use; and

Facilities and equipment for the use of such channel capacity.

P.

"Section"

means any section, subsection or provision of this chapter.

Q.

"Service area" or "franchise area"

means the entire geographic area within the municipal boundaries of the city as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise.

R.

"Service tier"

means a category of cable service or other services provided by a cable operator and for which a separate rate is charged.

S.

"State"

means the state of California.

T.

"Street" or "public way" or "public rights-of-way"

means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the service area: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property.

U.

"Subscriber" or "customer" or "consumer"

means any person who or which elects to subscribe to, for any purpose, cable service provided by the Grantee by means of or in connection with the cable system, and who pays the charges therefor.

(Ord. 3-01 § 5)

If any provision of this chapter is held by any court or by any federal or state agency of competent jurisdiction, to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, such provision shall be considered a separate, distinct, and independent part of this chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision thereof which had previously been held invalid or modified is no longer in conflict with such law, rule or regulation, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantor and Grantee; provided, that Grantor shall give Grantee thirty (30) days' written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision.

(Ord. 3-01 § 19)