East Palo Alto Municipal Code Ch. 13.04 Cable Television Franchise Requirements

It is unlawful for any person to construct, install, place and/or maintain within any public street, highway, alley, public property or public easement, including but not limited to, a public utility easement, in the city, or within any public property of the city, or within any privately owned area within the city which has not yet become a public street, highway, alley, public property or public easement, including, but not limited to, a public utility easement that has been designated or delineated as a proposed public street, highway, alley, public property or public easement, including but not limited to a public utility easement on any tentative subdivision map approved by the city, and wires, conduits, equipment, facilities or appurtenances for distributing any television signals or radio signals through a cable television system, unless a franchise which has neither expired nor been terminated authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter.

(Prior code § 11-1.401)

It is unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, electrically, electromagnetically, acoustically, inductively or otherwise, with any part of any franchised cable television system within this city for the purpose of enabling such person or others to receive or use any signals transmitted or retransmitted by any franchisee without payment to the owner of such system pursuant to the rates and charges of the franchisee.

(Prior code § 11-1.402)

It is unlawful for any person to wilfully tamper with, remove, and/or damage any wires, conduits, equipment, facilities or appurtenances of a franchised cable television system without the express consent of the franchisee.

(Prior code § 11-1.403)

The city council shall adopt rules and regulations for cable television system franchises which are consistent with this chapter and all federal, state and local statutes, ordinances and regulations. Such rules and regulations may be amended by the city council at a public hearing. The clerk of the council shall give notice of the hearing by publication in a newspaper of general circulation in the city, not less than ten days prior to the date of the hearing, and by mailing a notice of the hearing to all persons holding a franchise granted pursuant to this chapter.

(Prior code § 11-1.404)

The city council may, at a public hearing, grant a nonexclusive cable television system franchise pursuant to the rules and regulations adopted by the council. The clerk of the city council shall give notice of the hearing by publication in a newspaper of general circulation in the area to be served, not less than ten days prior to the date of the hearing.

(Prior code § 11-1.405)

All establishment of and/or change in subscriber rates, terminations of franchises, and/or renewal of franchises shall be made by the city council at a public hearing. The clerk of the city council shall give notice of the hearing by publication in a newspaper of general circulation in the area served, not less than ten days prior to the date of the hearing.

(Prior code § 11-1.406)