Chapter 5.52 — COMMUNITY ANTENNA TELEVISION SYSTEMS

Editor's note— See also wireless communications facilities, § 130.14.210.

State Law reference— Cable Television and Video Provider Customer Service and Information Act, Government Code § 53054 et seq.; County may authorize by franchise or license the construction of a community antenna television system, Government Code § 53066; Digital Infrastructure and Video Competition Act of 2006, Public Utilities Code § 5800 et seq.

This chapter shall apply to any franchise, amendment, or renewal granted on or after the effective date of the ordinance from which this chapter is derived.

(Code 1997, § 5.52.001; Ord. No. 4506, 10-27-1998)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section, except where the context clearly indicates a different meaning:

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

Board of Supervisors means the duly elected Board of Supervisors of the County of El Dorado.

Cable service means:

A.

The one-way transmission to subscribers of video programming or other programming service; and

B.

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

Cable system or system means the 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 the County.

Channel means a portion of the electromagnetic frequency spectrum, or any other means of transmission (including, without limitation, optical fibers or any other means now available or that may become available) which is capable of carrying one video and accompanying audio signal.

Chief Administrative Officer means the individual responsible for general management of the County as designated by the Board of Supervisors.

County means the County of El Dorado, in its present unincorporated form or in any later reorganized, consolidated, enlarged or incorporated form.

Director of Transportation means the Director of Transportation of the County.

FCC means the Federal Communications Commission, or successor governmental agency thereto.

Franchise means the authorization granted under this chapter to construct, operate and maintain a cable system within all or a specified area in the County. Any such franchise shall mean and include any license or permit required for the privilege of transacting and carrying on a business within the County as required by other ordinances and laws of the County.

Franchise area means the entire unincorporated area of the County, except the areas under the jurisdiction of the El Dorado Hills Community Service District, and Auburn Lake Trails.

Franchise fee means the fee or assessment imposed by the County on the franchise under a franchise agreement as described in Section 542(g) of Section 47 of the United States Code.

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

Gross revenues means all revenues received by the franchisee and any affiliate thereof, for cable services provided to subscribers in the franchise area utilizing the cable system. The term "gross revenues" shall also specifically include advertising revenue. The term "gross revenues" shall not include:

A.

Any taxes on services furnished by franchisee, franchise fees, regulatory fees, or other assessments which are imposed directly upon any subscriber by the United States, the State of California or any local agency and collected by the franchisee on behalf of the government;

B.

Revenue received directly from franchisee by an affiliate, when the revenue received has already been included in reported gross revenues as received by the franchisee;

C.

Any amount until it is actually collected by or paid to franchisee (e.g., bad debt expense); or

D.

Subscriber deposits.

Owner means a person with a legal or equitable interest in ownership of a given parcel of real property.

Proposal means franchisee's proposal to the County.

Public right-of-way or street means each of the following which shall 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 franchise area: the surface, air space above the surface, and the area below any public street, road, highway, freeway, land, path, public way, alley, court, sidewalk, boulevard, parkway, drive, bridge, tunnel, park, parkway, waterway, easement or right-of-way now or hereafter

existing within the County, or dedicated for use by the County, use by the general public, or use compatible with installing, maintaining and or operating cable system operations.

Signal means any transmission of radio frequency energy or optical information.

Street mile means one geographical mile of street without regard to the length or measure of cable required to traverse such distance and/or provide cable service to subscribers adjoining such street. In calculating "street miles" for the purposes of the franchise, street miles shall be the shortest distance by which all subscribers in a given area can be reached through the use of public rights-of-way, even if the franchisee elects or has elected a different architecture for the cable system than that which would derive the shortest such distance.

Subscriber means any person who pays for a cable service provided by a franchisee by means of the cable system.

(Code 1997, § 5.52.010; Ord. No. 4506, 10-27-1998; Ord. No. 5051, § 2, 4-18-2017)

A.

Franchise required. It shall be unlawful for any person to construct, install or operate a cable system or provide cable services within the jurisdictional boundaries of the County without a properly granted franchise awarded pursuant to the provisions of this chapter and State law.

B.

Authority to grant. The Board of Supervisors may grant, pursuant to the terms and provisions of this chapter, a nonexclusive franchise to construct, and maintain a cable system within all or a portion of the unincorporated area of the County to any other person, firm or corporation offering to furnish and provide the cable system including the right to erect, install, construct, upgrade, repair, replace, reconstruct and maintain in, on, over, under, upon, across and along the public rights-of-way in the franchise area such lines, cables, fiber optics, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appropriate to the operation of the cable system to provide cable services and such other services permitted by law, in accordance with the County's ordinances.

(Code 1997, § 5.52.020; Ord. No. 4506, 10-27-1998)

A.

Fee amount. Any franchise granted under this chapter shall provide that the franchise holder shall, during the term of its franchise, pay to the County, in lawful money of the United States, five percent or the maximum amount allowed by State or Federal law, whichever is greatest, of the total annual gross revenues.

B.

Agreement. Notwithstanding anything to the contrary set forth in Subsection A of this section, the County and a franchise holder may provide for a different franchise fee rate or arrangement by written agreement upon approval by the Board of Supervisors.

C.

Payments; records. The payments required by this section shall be paid quarterly, and payment shall be made within 30 days of the due date. The franchise holder shall at all times maintain accurate and complete accounts of all gross earnings, revenues, expenses and income arising out of its operations under its franchise.

D.

Letter of credit; surety bond. County, at its sole option, may require an irrevocable letter of credit, and/or a surety bond in a form acceptable to the County Counsel to ensure the faithful performance by the franchisee of this provision of the franchise; and compliance with all orders, permits, and directions of any agency, commission, board, department, or office of the County having jurisdiction over acts or defaults under the franchise and/or payment by franchisee of any claims, liens and taxes due the County by reason of the construction, operation, and maintenance of the cable system.

(Code 1997, § 5.52.040; Ord. No. 4506, 10-27-1998)

An initial franchise, and any renewal thereof, granted hereunder, shall be for a term established in the franchise agreement.

(Code 1997, § 5.52.050; Ord. No. 4506, 10-27-1998)

A.

Causes for revocation. In addition to all other rights and powers retained by the County under this chapter, the franchise, or otherwise by written agreement, the County reserves the right to revoke the franchise and all rights and privileges of the franchisee thereunder in the event of a substantial breach of its terms and conditions, or of a breach of any material rule or regulation of the Board of Supervisors validly adopted pursuant to this chapter. A substantial breach by franchisee shall include, but shall not be limited to, the following:

Material and intentional misrepresentation by franchisee to County in information required to be provided under the franchise.

Willful or repeated violations by franchisee of any material provision of the franchise.

Failure to acquire the insurance or bonds required by the franchise.

Insolvency, or involuntary bankruptcy, or a voluntary petition for relief under the Federal Bankruptcy Act or any similar Federal or State law for the relief of debtors.

B.

Terms defined.

For purposes of Subsection A.1 of this section, the violation of a "material" provision of the franchise shall mean defects in franchisee's performance of its obligation under the franchise that have pervaded the whole of the understanding between the parties or that are so essential as to substantially defeat the object that the parties intended to accomplish.

For purposes of Subsection A.2 of this section, the term "willfully" in the context of violations of the franchise shall mean a violation committed by franchisee in an intentional manner with disregard for the franchise and an indifference to its requirements. The term "willfully" excludes simple negligent violations of the franchise committed by franchisee.

For purposes of this section, the term "repeatedly" in the context of violations of the franchise shall mean more than one uncured violation of the same provision of the franchise occurring and for which franchisee has issued a notice of default under this section.

C.

Appeals. The County's determination to revoke the franchise shall not be effective pending final resolution of all appeals under this section.

(Code 1997, § 5.52.060; Ord. No. 4506, 10-27-1998)

In the event that the franchisee shall fail, refuse, or neglect to comply fully with the requirements of the franchise, the County shall, except in instances in which time is of the essence in obtaining the franchise's compliance and/or in cases where there are immediate concerns regarding the public's health, safety, or welfare, attempt to reach an informal resolution with the franchisee. The County shall initiate the informal effort by a general written statement of the alleged violation and the general facts then known to the County. Notwithstanding the foregoing, nothing in this section shall limit the nature and extent of evidence which may be presented by the County in any subsequent proceeding.

(Code 1997, § 5.52.070; Ord. No. 4506, 10-27-1998)

A.

Written notice; time limit for remedy. The procedure for remedying franchise violations shall be consistent with the provisions herein. County, through its authorized representative, shall provide franchisee with a detailed written notice of any franchise violation upon which it proposes to take action, and demand correction within a reasonable time, which shall be not less than:

30 working days in the case of failure of the franchisee to pay any sum or other amount due to the County under the franchise;

30 working days in the case of all other violations not involving the health and safety issues; and

In the case of violations involving health and safety issues, an immediate response within the time period designated by the County in light of the exigent circumstances.

The detailed written notice shall include the nature of the alleged violation, the general nature of the evidence supporting County's position, and demonstrate the alleged violation.

B.

Rebuttal evidence. Franchisee shall thereafter have an opportunity to respond to the County's notice, and present any and all relevant rebuttal evidence to the County within the following reasonable time, which shall not be less than:

30 working days in the case of failure of the franchisee to pay any sum or other amount due to the County under the franchise;

30 working days in the case of all other violations not involving health and safety issues; and

In the case of violations involving health and safety issues, an immediate response within the time prescribed by the County in its notice.

(Code 1997, § 5.52.080; Ord. No. 4506, 10-27-1998)

A.

Declaration of default. If franchisee fails to disprove or correct the violations set forth in Section 5.52.060 within the times specified herein, and franchisee has failed to diligently initiate a corrective plan acceptable to the County and diligently remedy the violation thereafter, then County may conduct a hearing to determine if sufficient cause exists to declare the franchisee in default. In the event that the County declares franchisee in default, the County shall have the right to institute legal proceedings to collect damages from the date of declaration of default, or to exercise any other rights and remedies afforded to the County in law or equity; provided, however, that the County may institute revocation proceedings against franchisee only after declaration of default on the grounds set forth in Section 5.52.040.

B.

Default hearing. Within 30 days after receipt of written declaration of default notice from the County, or not more than 30 days after receipt of written request from franchisee, a public hearing before the County Board of Supervisors providing franchisee with the opportunity to participate, present evidence, public testimony, call and cross examine witnesses and to submit written testimony and documentation, shall take place to determine if sufficient cause exists to declare the franchisee in default. A decision shall be rendered within ten days after the conclusion of the public hearing. At the public hearing, the Board shall hear and consider all relevant evidence, and thereafter render findings and a written decision, and may thereafter impose such remedies as are authorized by the franchisee. Remedies which may be imposed for a violation of the franchise include, but shall not be limited to, the monetary sanctions and liquidated damages contractually established in the franchise, as well as any impositions under the County's police powers. Franchisee may seek judicial review of the County Board of Supervisor's final decision by writ of mandate in the Superior Court of the County, pursuant to Code of Civil Procedure § 1094.6.

(Code 1997, § 5.52.090; Ord. No. 4506, 10-27-1998)

A.

Consent and conditions. Except as otherwise expressly provided herein, the rights granted under the franchise shall not be sold, transferred, assigned, mortgaged, pledged, leased, sublet or otherwise encumbered for any purpose whatsoever, nor shall title thereto, either legal or equitable or any right, interest or property therein, pass to or vest in any person without the prior written consent of the County; except, however, the franchise may be transferred without said consent to a wholly- owned subsidiary of franchisee which expressly agrees to assume responsibility for the obligations under the franchise and agrees to comply with all provisions of the franchise. County shall be deemed to have consented to a proposed transfer or assignment in the event its refusal to consent is not communicated in writing to franchisee within 60 days following receipt of written notice of the proposed transfer or assignment or unless said 60 day period is tolled by the County in order to obtain additional information. However, such request for additional information will not toll or extend the 120-day period set by law for consideration of the transfer.

B.

Notify County of change. The franchisee shall notify the County of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the franchise. The term "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised amounting to or exceeding 25 percent ownership. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the County shall, consistent with Federal law, only consider the legal, financial and technical qualifications of the proposed transferee to operate the cable system.

C.

County rights. The consent or approval of the County to any transfer of the franchise shall not constitute a waiver or release of the rights of the County in and to the streets, and any transfer shall by its terms be expressly subordinate to the terms, provisions and conditions of the franchise.

D.

Cable system construction. In any absence of extraordinary circumstances, the County will not approve any transfer or assignment of the franchise other than to a wholly owned subsidiary, prior to substantial completion of construction of the upgraded cable system, unless the transferee expressly agrees to assume the responsibility for the completion of the rebuild as provided for in the franchise agreement.

E.

Agreement signator. In no event shall a transfer of ownership or control be approved without the successor in interest becoming a signatory and obligor to the franchise agreement.

F.

Prompt compliance. Time shall be of the essence of any franchise granted under this chapter. The franchise holder shall not be relieved of its obligation to comply promptly with any of the provisions of this chapter, or by any failure of the County to enforce prompt compliance.

G.

County powers transferred. Any right or power in, or duty impressed upon, any officer, employee, department or board of the County is subject to transfer by the County to any other officer, employee, department or board of the County.

H.

Compliance with other regulations. This chapter, or any franchise issued under this chapter, shall not relieve the franchise holder of any requirement of any ordinance, rule, regulation or specification of the County, heretofore or hereafter enacted, including, but not limited to, any ordinances relating to zoning, street work, street excavation permits, or the use, removal or relocation of property in a street.

I.

Pole space. This chapter, or any franchise issued under this chapter, shall not relieve the franchise holder of any obligation involved in obtaining pole space from any department of the County.

J.

Permission to enter private property. No permission or franchise is given franchise holder to enter private property without the express consent of the owner or the agent in possession thereof where required.

(Code 1997, § 5.52.100; Ord. No. 4506, 10-27-1998)

A.

Right to amend and regulate. There is reserved to the County the power to amend any section of this chapter in any manner to the extent permitted by law. Further reserved to the County in this section is the power to regulate, in the event of deregulation by State or Federal Government, those areas which had been previously regulated by Federal and/or State Governments, or those areas which have not been previously regulated and are not subject to preemption by Federal and/or State government or regulatory agencies. The area of regulation which the County reserves its right to regulate, in the absence of regulation by higher authority specifically includes, but is not limited to, those areas set forth in the provisions of Section 76.31 of the Rules

of the Federal Communications Commission and, in particular, the amount of franchisee fees the County may collect under Section 5.52.040 or to any other extent permitted by law; provided, however, that in the event the County may raise the franchise fees, the franchisee shall, to the extent permitted by law, be allowed a rate increase to offset the increases in the franchise fees.

B.

Franchisee agreement. The franchisee, by its acceptance of the franchise, agrees to be bound thereby, and to comply with any action or requirement of the County in its exercise of any such right of power, heretofore or hereafter enacted or established.

C.

Granting other franchise. The granting of a franchise shall not be construed to prevent the County from granting an identical or similar franchise to any other person, firm or corporation.

D.

Acquire property of franchisee. Nothing in this chapter shall be deemed or construed to impair or affect, in any way, to any extent, the right of the County to acquire the property of the franchise holder either by purchase or through the exercise of the right of eminent domain, and nothing contained in this chapter 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.

(Code 1997, § 5.52.110)

A.

Compliance required; County inspection. Franchisee shall construct, operate and maintain its cable system in compliance with all applicable laws, ordinances, rules and regulations, licenses and permits. County shall have the right to inspect all construction, reconstruction or installation work, the cable system, and all parts thereof, performed subject to the terms of this agreement, and the provisions of law.

B.

Permits and approvals. No construction or other activity on or related to the cable system, including any activity within a public right-of-way, shall be commenced by the franchisee until all required permits and approvals have been obtained from the County and other authorities. Any such permit or approval may impose, within the reasonable discretion of the permitting agency, conditions that are reasonably necessary and/or imposed upon businesses performing similar activities. The County shall cooperate and use reasonable efforts in granting any permits or approvals required.

C.

Compliance with building and safety codes. The construction, operation and maintenance of a cable system shall be in accordance with all applicable sections of the California Occupational Safety and Health Act of 1970, as amended, the National Electrical Safety Code, the National Electric Code, the Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards), as amended, to the extent permitted by applicable law, and other applicable Federal, State and local laws and regulations.

D.

Antennas. Any cable system antennas and their supporting structures shall be constructed, painted, lighted and maintained in accordance with applicable rules and regulations of the FCC, Federal Aviation Administration, and other applicable State and local laws and regulations.

E.

Repair of damaged property. Any property, real or personal, that is disturbed or damaged during, or as a result of, the construction, reconstruction, repair, replacement, relocation, operation or maintenance of the cable system shall be promptly repaired by the franchisee, at its sole expense and to a condition reasonably comparable to its condition prior to the disturbance or damage.

F.

Poles and facilities. Franchisee shall make use of existing poles and other facilities available to franchisee whenever possible, and shall not construct or install any new, different or additional poles, conduits or other facilities whether on public property or privately owned property until first securing the written approval of the Department of Transportation and/or Chief Administrative Office, Facilities Division. All County poles and conduit installed within the County that are made available for attachment or use by franchisee shall be made available at just and reasonable rates applied to public utilities under the formula presently established in 47 USC 224.

G.

Underground facilities. In those areas of the County where, at the time of construction or reconstruction of the franchisee's cable system within a given area, the transmission or distribution facilities of the respective public utilities providing telephone, communication and electric services are required to be placed underground in that area, the franchisee shall construct, operate and maintain all of its transmission and distribution facilities underground. The term "underground" may include a partial underground system; where, upon the prior written approval of the Department of Transportation, amplifiers or power supplies in the franchisee's transmission and distribution lines may be placed in appropriate housings upon or above the surface of the ground or public right-of-way.

H.

Move or remove wires. In the event it is necessary to move or temporarily or permanently remove any of franchisee's wires, cables, poles, or other facilities placed pursuant to the franchise, in order lawfully to move a large object, vehicle, building or other structure over the streets of County, at the request of a private person, upon 30 days' prior notice by County to franchisee, franchisee shall move at the expense of the private person requesting the removal such of its facilities as may be required to facilitate such movements.

I.

Cutting trees. Franchisee may cut or trim trees and vegetation interfering with National Electric Safety Code and other clearance requirements. Franchisee shall be solely responsible for obtaining any consent, permits, and the like, where necessary.

J.

Performance tests. Each franchisee shall provide to the Cable Television Commission, upon request, written reports of the franchisee's annual proof of performance tests conducted pursuant to FCC standards and requirements. In any event, the cable system shall not endanger or interfere with the safety of persons or property within the County.

K.

Compliance with Occupational Safety and Health Administration. All working facilities, conditions, and procedures used or occurring during construction of the cable system shall comply with the standards of the Occupational Safety and Health Administration.

(Code 1997, § 5.52.120; Ord. No. 4506, 10-27-1998; Ord. No. 5051, § 2, 4-18-2017)

A.

Discontinuance of use of system. In the event that the use of any material portion of the cable system is discontinued for any reason for a continuous period of 12 months, grantee shall be deemed to have abandoned that portion of the cable system.

B.

Abandonment in place. Any property of the franchisee to be abandoned in place shall be abandoned in such manner as the Director of Transportation shall prescribe. Upon permanent abandonment of the property of the franchisee in place, the franchisee shall submit to the Director of Transportation an instrument satisfactory to the County Counsel, transferring to the County the ownership of the property.

(Code 1997, § 5.52.130; Ord. No. 4506, 10-27-1998; Ord. No. 5051, § 2, 4-18-2017)

A.

File with County. To the extent required in the franchise agreement, the franchisee shall file with the Board of Supervisors, and at all times thereafter maintain in full force and effect for the term specified in the franchise agreement at its expense, a corporate surety bond and/or letter of credit from a company approved by and in a form satisfactory to the County Counsel, in the amount as shall be approved by the Board of Supervisors.

B.

Performance and liability. Neither the provisions of this section, any bond accepted by the County pursuant to this section, nor any damages recovered by the County thereunder shall be construed to excuse faithful performance by the franchisee or limit the liability of the franchisee under its franchise or for damages whether to the full amount of the bond or letter of credit or otherwise.

(Code 1997, § 5.52.140; Ord. No. 4506, 10-27-1998)

A.

Indemnity against damages. The franchisee shall indemnify and hold harmless the County, its officers and employees against all claims, demands, actions, suits and proceedings by others and against all liability to others and against any loss, cost and expense resulting therefrom, arising out of the grant, exercise or enjoyment of any franchise issued under this chapter.

B.

Proof of insurance. The franchisee shall, throughout the duration of the franchise, maintain insurance satisfactory to the County Risk Manager that complies with all of the requirements hereinbelow, and shall provide proof of a policy of insurance to the County Risk Manager that meets the following requirements:

Commercial general liability insurance of not less than $2,000,000.00 combined single limit per occurrence for bodily injury and property damage.

Comprehensive automobile liability insurance of not less than $1,000,000.00.

Media professional liability insurance of not less than $2,000,000.00 per occurrence.

Full workers' compensation and employers' liability insurance covering all employees of franchisee as required by law in the State.

C.

Certificate of insurance. Franchisee shall furnish a certificate of insurance satisfactory to the County Risk Manager as evidence that the insurance required in Subsection B of this section is being maintained.

D.

Acceptable insurance company. The insurance will be issued by an insurance company acceptable to the Risk Management Division, or be provided through partial or total self-insurance likewise acceptable to the Risk Management Division.

E.

Insurance coverage required at all times. Franchisee agrees that the insurance required in Subsection B of this section shall be in effect at all times during the term of the franchise. In the event that said insurance coverage expires at any time or times during the term of the franchise, franchisee agrees to provide, not more than ten days after said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the agreement, or for a period not less than one year. New certificates of insurance, other than instances where franchisee is self- insured, are subject to the approval of the Risk Management Division and franchisee agrees that no work shall be performed prior to the giving of such approval.

F.

Minimum requirements. The aforementioned requirements shall be the minimum requirements. The limits of the insurance may be adjusted upwards by the County to meet industry standards as set forth in the franchise agreement.

(Code 1997, § 5.52.150; Ord. No. 4506, 10-27-1998)

County shall have the right to inspect all construction, reconstruction or installation work performed subject to the provisions of the franchise and other pertinent provisions of law, and as part of County obligation to protect the public health, safety and welfare of its citizens.

(Code 1997, § 5.52.160; Ord. No. 4506, 10-27-1998)

No provision of this chapter shall be so construed as to impose upon the County any duty or obligation to construct, repair or maintain any road included in the area in which the franchisee's system is located in any particular manner or to any particular standard.

(Code 1997, § 5.52.170; Ord. No. 4506, 10-27-1998)

Whenever any portion of the territory covered by a franchise issued under this chapter is annexed to or otherwise becomes a part of any municipal corporation, or of any other county, the rights reserved under this chapter to the County, or any officer thereof, shall enure to the benefit of the municipal corporation or county and its appropriate officers.

(Code 1997, § 5.52.180; Ord. No. 4506, 10-27-1998)

All notices provided for in this chapter shall be prepaid, registered mail addressed to the parties as follows:

A.

To the County:

Clerk of the Board of Supervisors

El Dorado County Government Center

Placerville, California 95667

B.

With copies to:

County Counsel.

County Chief Administrative Officer.

(Code 1997, § 5.52.190; Ord. No. 4506, 10-27-1998)

A.

Streets and public property. The franchisee shall be subject to all provisions of the other ordinances, rules, regulations, and specifications of other ordinances, of the County heretofore or hereafter adopted, including, but not limited to, those pertaining to works and activities in, on, over, under and about streets or other public property.

B.

Prior occupancy of streets. Any privilege claimed under any franchise granted pursuant to this chapter in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property. The franchisee also shall be subject to the provisions of general laws of the State, or as hereafter may be 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.

(Code 1997, § 5.52.200; Ord. No. 4506, 10-27-1998)

The terms of Section 5.52.230 shall not apply to applications for renewal of a franchise. Franchise renewals shall be governed by the FCC regulations set forth in 47 USC 546.

(Code 1997, § 5.52.210; Ord. No. 4506, 10-27-1998)

In the case of an initial franchise, the franchise holder shall proceed within 30 days, with due diligence, to obtain all necessary permits and authorizations which are required in the conduct of its business, including utility joint use attachment agreements, and microwave carrier licenses to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities. Further, the franchisee shall commence the installation of the CATV system within 90 days subsequent to the obtaining of all the necessary permits and authorizations. The completion of the installation shall be pursued with reasonable diligence thereafter. Failure to comply with the foregoing shall be grounds for revocation of the franchise.

(Code 1997, § 5.52.230; Ord. No. 4506, 10-27-1998)

A.

Access to books. The County shall have the right, upon 72 hours' prior written notice, to inspect and copy, during normal business hours, all books, accounting records, receipts, plans, financial statements, contracts, service complaint logs, performance test results, records of requests for service, codes, and other like materials in the possession of franchisee which may be directly relevant to the franchisee's compliance with the requirements and obligations imposed upon it by the franchise or applicable law. County shall use its best efforts to maintain the confidentiality of trade secrets in County's possession, when such trade secrets are clearly and specifically identified as such to County by franchisee, and clearly marked on each document for which franchisee makes a good faith of trade secret. Upon inspection, the franchisee shall reproduce for County such of the documents as the County may request; provided that, upon agreement of the County, the franchisee may redact such documents to protect trade secrets and matters of subscriber privacy.

B.

Confidentiality. Whenever a third party seeks access to franchisee's confidential trade secret or proprietary information, which has been properly identified as such to County by franchisee, and which is in the possession of County, County shall use its best efforts to promptly notify franchisee of the request for access. Franchisee may take all reasonable steps that it may desire to preserve the confidentiality of franchisee's trade secret or proprietary information.

C.

Communication with regulatory agencies. Upon request by the County, franchisee shall provide copies of all reports required by the FCC, including, but not limited to, proof of performance test results, equal employment opportunity reports and all petitions, applications and communications of all types regarding or including information related to the cable system in the franchise area, submitted or received by the franchisee, either to the FCC, the Securities and Exchange Commission or any other Federal or State Regulatory Commission or agency having jurisdiction over any matter affecting operation of the franchisee's cable system.

D.

Annual reports. To the extent required to exercise legitimate regulatory authority, within 120 days after the end of each calendar year, franchisee shall file with County:

An annual audited financial statement for the previous fiscal year, prepared in accordance with generally-accepted accounting principles applied on a consistent basis, certified by an officer of franchisee; and

To the extent not otherwise publicly available, an annual ownership report listing the names and addresses of franchisee's principal management personnel and ownership interest percentages.

(Code 1997, § 5.52.240; Ord. No. 4506, 10-27-1998)

A.

Customer service standards. County reserves the right to establish by regulation and enforce customer service regulations that exceed the Federal minimum standards set by the FCC pursuant to the authority set forth in Section 632 of the Cable Act, 47 USCS 552.

B.

Service to customers. Except as provided by law, franchisee shall not deny service, deny access, or otherwise discriminate against subscribers, programmers or residents of the County on the basis of race, color, religion, national origin, sex, age, marital status, disability, or income. Franchisee may adopt reasonable classifications of subscribers, including classifications designed to meet competition, where allowed by law.

C.

Protection of privacy. Franchisee, and its officers, agents, employees, contractors, and subcontractors shall at all times protect the privacy of all subscribers pursuant to the provisions of the Cable Act, 47 USCS 551. A franchisee shall not condition cable service to subscribers on the subscriber's grant of permission to disclose information which, under Federal or State law, cannot be disclosed without the subscriber's explicit consent.

D.

Property owner permission to attach equipment. No cable, line, wire, amplifier, converter, or other piece of equipment shall be attached to any residence or other property of a citizen (except within the streets) without first securing the written permission of the owner or tenant of the property. If such permission is later lawfully revoked, the franchisee shall forthwith remove all of the equipment and promptly restore the property to its original condition. The franchisee shall perform all installations in a workmanlike manner.

E.

Equal employment opportunity. Franchisee shall not refuse to employ, and shall not discharge from employment or discriminate in compensation or in any other terms, conditions or privileges of employment against any person because of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability. Compliance with the employment provision of the Cable Act, 47 USCS 554, shall be deemed compliance with this section.

F.

Refusal of service in franchise area prohibited. All residential areas within the franchise area will be provided with access to service from the cable system unless a franchise provides otherwise in a any line extension policy contained therein; provided, however, that the franchisee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charge.

G.

Written notice to subscribers required prior to service. Before providing cable television service to any subscriber, the franchisee shall provide a written notice to the subscriber substantially as follows:

Subscriber is hereby notified that in providing cable television service the franchisee is making use of the public rights of way and if the continued use of such rights of way is denied to franchisee for any reason, franchisee will make every reasonable effort to provide service over alternate routes. By accepting cable television service, subscriber agrees he or she will make no claim nor undertake any action against the entity owning the public right-of-way, its officers, or its employees if the service to be provided hereunder is interrupted or discontinued.

(Code 1997, § 5.52.250; Ord. No. 4506, 10-27-1998)