Fountain Valley Municipal Code Ch. 4.45 Community Antenna Television Systems

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, 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. The word "shall" is always mandatory and not merely directory.

"Community antenna television system" or "CATV"

system means a system of antennae, coaxial cables, wave guides, poles, wires, underground conduits, manholes and other conductors, equipment or facilities designed, constructed or used for the purpose of providing television, radio or other service by cable or through its facilities as herein contemplated. "CATV" shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as pay television.

"Franchise"

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

"Franchise area"

means the territory within the city throughout which grantee shall be authorized to construct, maintain and operate its system and includes any enlargements thereof and additions thereto.

"Grantee"

means the person, firm or corporation to whom or which a franchise under this chapter is granted by the council, and the lawful successor or assignee of said person, firm or corporation.

"Gross annual receipts"

means any and all compensation in the form of gross rental and/or service receipts, including initial installation charges, received directly or indirectly from subscribers or users in payment for CATV services received within the city.

"Gross annual receipts"

shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or used by any city, state or other governmental unit and collected by the grantee for such governmental unit.

"Subscribers"

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

(Ord. 1181 § 1, 1992)

A franchise to construct, operate and maintain a community antenna television system within all or any portion of the incorporated area of the city may be granted by city council to any person, whether operating under an existing franchise or not, offering to furnish and provide such system pursuant to the terms and provisions of this chapter. Such a franchise may be exclusive, but the city reserves the right to grant a nonexclusive franchise to any person at any time. No provision of this chapter may be 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 or to refrain from granting any franchise at that time.

(Ord. 1181 § 1, 1992)

In the event the Federal Communications Commission or the Public Utilities Commission of the state of California or any other federal or state body or agency now or hereafter exercises any paramount jurisdiction over the subject matter of any franchise hereunder, then to the extent such jurisdiction preempts or precludes the exercise of like jurisdiction by the city, the jurisdiction of the city shall, to the extent so preempted or precluded, cease and no longer exist; provided, however, that the preemption or preclusion of the exercise by the city of any of its police power shall not diminish, impair, alter, or affect any contractual benefit to the city nor any contractual obligation of the grantee under any franchise issued hereunder; and in this respect, any and all minimum standards governing the operation of grantee and any and all maximum rates, ratios, and charges specified herein or in any franchise issued hereunder, existing now and at any time in the future, including such time as any paramount jurisdiction preempts or precludes that of the city, and any and all rights, powers, privileges, and authorities of the city, to determine, establish, or fix any of the same, are each and all declared by the city and by any grantee accepting any franchise hereunder to be contractual in nature and to be for the benefit of the city and all subscribers situated therein, and the agreement of the grantee to accept and conform to such standards, rates, ratios, and charges is hereby declared by the city and by any grantee accepting any franchise hereunder to be of the most material and essential consideration for the granting of such franchise, in the absence of which, in whole or in part, the city would not grant such franchise.

(Ord. 1181 § 1, 1992)

(a) The city council shall at all times and from time to time during the term of any franchise granted hereunder have the power to and shall adopt and enforce, and grantee shall conform to, rules and regulations of the council governing and establishing reasonable rules, regulations, and standards of performance pertaining to the system of grantee.

(b) The city council may adopt rules or regulations or amend, modify, delete or otherwise change such rules and regulations previously adopted in the following manner:

(1) The city council shall pass a resolution of intention describing the rules or regulations to be adopted, amended, modified, deleted or otherwise changed and set a day, hour and place for public hearing. Such resolution shall direct the city clerk to publish the same at least once within fifteen days of the passage thereof.

(2) The city clerk shall cause such resolution to be published at least once in a newspaper of general circulation within the city and shall cause a copy of same to be mailed or delivered to any grantee not less than ten days prior to the time fixed for hearing thereon.

(3) At the time for public hearing or at any adjournment thereof, the city council shall proceed to hear and pass upon such evidence, comments and objections as may be presented. Thereafter, the city council, by its resolution, may adopt, amend, modify, delete, or otherwise change said rules and regulations.

(Ord. 1181 § 1, 1992)

Application for a franchise hereunder shall be filed with the city clerk in a form approved by the city and shall contain the following information:

(1) The name and address of applicant, and if the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of parent and subsidiary companies;

(2) A general description of the applicant's proposed CATV operation, including a tentative map of areas to be served, the manner in which the applicant proposes to construct, install, maintain and operate the same; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

(3) A description of the public street, public places and proposed public streets, within which the applicant seeks authority to construct, install or maintain any CATV equipment or facilities; a description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;

(4) A statement of the percent of gross revenue and the bonus amount, if any, the applicant offers for the franchise;

(5) A statement or schedule in a form approved by the city of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application;

(6) A copy of any contract or permit, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, or conduits;

(7) A statement of the organization of the applicant, including the names and addresses of its officers, directors and associates, and also including the names of subsidiary companies with a listing of other areas being served by CATV or similar systems. If a franchise is granted to a person, firm, group or corporation posing as a front or representative for another person, firm, group, or corporation, and such information is not disclosed in the original application, such franchise may be revoked by the city council;

(8) Applicant shall also furnish a financial statement as to the company's or corporation's financial ability to complete installation and operation of the CATV system;

(9) Upon consideration of any such application, the city council may grant a franchise for CATV to such applicant as may appear from said application to be in its opinion qualified to render proper and efficient CATV service to television viewers and subscribers in the city. If favorably considered, the application submitted shall constitute and form a part of the franchise as granted. The provisions of Government Code Section 53066 et seq., shall be followed;

(10) Prior to the granting of a franchise pursuant to this chapter, the council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the council and be heard thereon. It shall direct the city clerk to publish said resolution at least once within fifteen days of the passage thereof in a newspaper of general circulation within the city. Said notice shall be published at least ten days prior to the date of hearing. At the time set for the hearing the council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant same, subject to the right of referendum of the people, or it may deny the same. If the council determines that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon.

(11) Any franchise issued pursuant to this chapter shall include the following conditions:

(A) The CATV system franchise herein, shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the city and no other purpose whatsoever.

(B) The inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter.

(Ord. 1181 § 1, 1992)

Each application shall be accompanied by an application fee as set forth by city council resolution, which shall be used by the city to cover the costs of studying, investigating and processing such application, no part of which is refundable.

(Ord. 1181 § 1, 1992)

(a) Bond for Protection of City. The grantee shall, concurrently with the filing of an acceptance of award of the franchise granted under this chapter, file with the city clerk and at all times thereafter maintain in full force and effect for the term of such franchise or renewal thereof, at grantee's sole expense, a corporate surety bond in a company approved by, and in a form to be approved by the city attorney, in the amount as set forth by city council resolution, renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event the grantee fails 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 jointly and severally from the principal and surety of such bond 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 hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond, said condition to be a continuing obligation for the duration of such franchise or any renewal thereof, and thereafter until the grantee has liquidated all of its obligations with the city that may have arisen from the acceptance of said franchise by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty days' prior written notice of intention not to renew, cancellation or material change, be given to the city.

Neither the provisions of this section, nor any bond accepted by the city pursuant thereto, nor any damage recovered by the city thereunder, shall be constructed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise.

(b) Bond for Protection of Subscribers. The grantee shall, concurrently with the filing of an acceptance of a franchise granted under this chapter, file 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 a form approved by the city attorney in the amount as set forth by city council resolution, conditioned that in the event such grantee fails to comply with any provision of this chapter, term or condition of its franchise, or any provision 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 any subscriber as a result thereof, including reasonable attorney's fees and costs of any action or proceeding; and 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.

(Ord. 1181 § 1, 1992)

(a) Indemnification. The grantee shall indemnify and hold harmless the city, its officers, boards, commissions, agents and employees against and from any and all claims, demands, actions, suits, liabilities, and judgments of every kind and nature and regardless of the merit of the same, arising out of or related to the exercise or enjoyment of any CATV franchise granted pursuant to the provisions of this chapter, including claims, demands, actions, suits, liabilities and judgments based upon any infringement or violation or alleged violation of any copyright; and the grantee shall reimburse the city for any costs and expenses incurred by the city in defending against any such claim or demand or action, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per them expense, travel and living expense; and the grantee shall upon demand of the city appear in and defend any and all suits, actions or other legal proceedings whether judicial, quasijudicial, administrative or otherwise, brought by third persons or duly constituted authorities against or affecting the city, its officers, boards, commissions, agents or employees and arising out of or related to the exercise or enjoyment of such franchise, or the granting thereof by the city; the foregoing obligation shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other security required hereunder; provided that neither the grantee nor the city shall make or enter into any compromise or settlement of any claim, demand, action or suit without first giving the other ten days' prior written notice of its intentions to do so.

(b) Comprehensive Liability Insurance. Upon acceptance of such franchise 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 expense, a general comprehensive liability insurance policy or policies which shall insure the grantee and provide primary coverage for the city, its officers, boards, commissions, agents and employees, against liability for loss or liability for personal injury, death, property damage, and copyright infringement occasioned by any activity or operation of the grantee under such franchise. Such policy or policies shall be issued by a company approved by the city manager and shall be in a form approved by the city attorney, with minimum liability coverage in the amount as set forth by city council resolution for any one occurrence. The policy or policies shall name the city, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of any cancellation, modification or reduction in coverage of said policy shall be delivered to the city clerk thirty days in advance of the effective date thereof. No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of insurance as required in this subsection has been delivered to the city clerk.

(Ord. 1181 § 1, 1992)

(a) Acceptance Fee. The grantee of any franchise granted pursuant to this chapter shall pay to the city upon acceptance of such franchise a fee certain in an amount to be determined or approved by the city council.

(b) Annual Franchise Fee. The grantee of any franchise under this chapter shall pay annually to the city during the life of such franchise a fixed percentage of the gross receipts of the grantee derived from subscribers within the city. Such percentage shall be at least three percent and shall be established by the city council for the life of the franchise by specifying such percentage in the ordinance granting the franchise.

The grantee shall file with the city, within ninety days after the expiration of any fiscal year during which such franchise is in force, a financial statement prepared by a certified public accountant showing in detail the gross annual receipts, as defined herein, of the grantee, its successors and assigns, during the preceding fiscal year. It shall be the duty of the grantee to pay to the city, within ten days after the time for filing such statement, any unpaid balance for the fiscal year covered by such statement.

In the event that the above payment is not received by the city within the specified time, the grantee shall pay to the city a penalty as set forth by city council resolution on the unpaid balance in addition thereto.

In any year or portion thereof commencing at the conclusion of the first year that service is provided, during which payments to the grantee for installation and services amount to less than fifteen hundred dollars per month, the grantee shall pay to the city a fee set forth by city council resolution.

The city reserves the right of audit and recomputation of any and all amounts paid under this chapter, and 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 obligation thereunder.

In the event of any holding over after expiration or other termination of said franchise, without the consent of the city, the grantee shall pay to the city damages of not less than twenty percent of its gross profits during said period relating to the CATV system serving the area covered by the franchise.

(Ord. 1181 § 1, 1992)

(a) Within thirty days after acceptance of any franchise the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including but not limited to any utility joint use 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 CATV systems, or their associated microwave transmission facilities.

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

(c) Within one hundred eighty days after the commencement of construction and installation of the system, the grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence to the end that service shall be made available to all potential subscribers throughout the entire franchise area within such time and upon such conditions as shall be determined by the city council.

(d) Failure to do any of the foregoing shall be grounds for termination of the franchise.

(e) The city manager may extend the time for obtaining necessary permits and authorizations and for beginning construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.

(Ord. 1181 § 1, 1992)

Any franchise granted under this chapter is renewable at the application of the grantee, its lawful successors or assignee for such period of time as the council and the applicant may agree upon by negotiation.

(Ord. 1181 § 1, 1992)

No franchise, granted by the city council pursuant to this chapter, shall be for a term of more than twenty years following the date of acceptance of such franchise by the grantee or renewal thereof. Any such franchise may be terminated prior to its date of expiration by the city council in the event that said council has found, after thirty days' notice of proposed termination and public hearing, that (a) the grantee has failed to comply with any provision of this chapter, or has, by act or omission, violated any term or condition of its franchise or permit issued under this chapter; and the grantee has failed to cure or correct such noncompliance or violation within thirty days following its receipt of notice thereof from the city; or (b) any provision of this chapter has become invalid or unenforceable, and the council further finds that such provision constitutes a consideration material to the grant of said franchise; (c) the city acquires the CATV property of grantee; or (d) in the event any such noncompliance or violation by grantee may not be reasonably corrected within the foregoing thirty day period, the council shall not terminate any such franchise if the grantee commences the correction of such noncompliance or violation within said thirty day period and diligently prosecutes such correction to completion.

(Ord. 1181 § 1, 1992)

(a) No privilege or exemption shall be granted or conferred by a franchise granted pursuant to this chapter except those specifically prescribed herein.

(b) The grantee is subject to all requirements of the ordinances, rules, regulations, fees and specifications of the city heretofore or hereafter enacted or established, including, but not limited to, those concerning street work, street excavation, use, removal, and relocation of property within a street, and other street work.

(c) All transmission and distribution structures, lines and equipment of the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places.

(d) In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the public works department of the city, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for the duration of the franchise.

(e) The grantee shall, at its expense, protect, support, temporarily disconnect, relocate or remove from any public street, alley or other public way, any property of the grantee when required by the director of public works of the city by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or any other structures or public improvements; provided, however, the grantee shall in all cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 4.45.180 hereof.

(f) Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments, alterations or installations, the grantee shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers.

(g) Any such franchise shall be a privilege to be held in trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, merger, consolidation or otherwise, without prior consent of the council expressed by resolution, and then only under such conditions as may be therein prescribed. The grantee shall file with the council within thirty days after any sale, transfer, assignment, or lease of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers. The proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter. No such consent shall be required for a transfer in trust, mortgage, or other hypothecation as a whole, to secure an indebtedness, except that when such hypothecation shall exceed fifty percent of the market value of the property used by the franchisee in conducting the business franchise, the prior consent of the council shall be required for such a transfer. Such consent shall not be withheld unreasonably.

(h) Time shall be of the essence of any such franchise granted. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter by failure of the city to enforce prompt compliance.

(i) 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.

(j) The grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provisions or requirements of this chapter or its enforcement.

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

(l) Any franchise in the city granted and accepted under the rules and regulations described herein shall be governed solely by the rules and regulations described herein and any grantee of any said franchise shall be governed solely by the rules and regulations described herein; all other rights, privileges, powers, immunities and authorities owned, possessed, controlled, exercised by or ascribed to the grantee or by any successor to any interest of the grantee or any rights, powers, privileges or authorities pertaining to the construction, operation or maintenance of any CATV system in the city owned, controlled, possessed or exercisable by the grantee or by any successor to any interest of the grantee shall be superseded by the rules and regulations described herein.

(Ord. 1181 § 1, 1992)

(a) No franchise granted under this chapter in any way impairs or affects the right of the city to acquire the property of the grantee by purchase or condemnation.

(b) No franchise granted under this chapter shall ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the city therefor at the time of acquisition.

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

(d) The city 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 issued under the provisions of this chapter.

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

(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 city manager 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 manager may appeal the matter to the council for hearing and determination. The council may accept, reject or modify the decision of the city manager, and the council may adjust, settle, or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provisions of this chapter.

(Ord. 1181 § 1, 1992)

(a) At all reasonable times, 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 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 operations, affairs, transactions or property of the grantee with respect thereto. If any of such maps or records are not kept in the city, or upon reasonable request made available in the city, and if the city manager determines that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

(b) The grantee shall prepare and furnish to the city manager and/or the director of finance at the times and in the form prescribed by either of said officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise.

(c) The grantee shall, at all times, make and keep in the city full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets, alleys and public places in the city. The grantee shall file with the director of public works, on or before the last day in March of each year, a current set of maps drawn to scale showing all CATV system equipment installed and in place in streets, alleys and other public places of the city during the previous year.

(Ord. 1181 § 1, 1992)

Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the city and for that purpose to erect, install, construct, operate, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public highway, street, alley, public way or public place, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate and provide similar facilities on properties rented or leased from other persons, including, but not limited to, a public utility or other grantee franchised or permitted to do business in the city.

The grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable it to exercise its rights and perform its obligations under the franchise, and to install an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of the laws of the city of Fountain Valley, the state of California of the United States of America.

No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television," and no grantee shall directly or indirectly install, maintain or operate any other device or means for collection of money for individual programs.

The grantee shall have authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of grantee, all trimming to be done under the supervision and direction of the city and at the expense of grantee.

When and in the event that the grantee of any franchise granted hereunder uses in his CATV system, distribution channels furnished to the grantee by a telephone company pursuant to tariff or a contract on file with a regulatory body having jurisdiction and the grantee company furnished facilities, the grantee shall be required to comply with all the provisions hereof as a "licensee," and in such event whenever the term "grantee" is used herein, it means and includes "licensee." When any portion of the CATV system is to be installed on public facilities, certified copies of the agreements for such joint use of facilities shall be filed with the city clerk.

(Ord. 1181 § 1, 1992)

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

(b) The grantee shall not install or erect any facilities or apparatus on public property or rights-of-way, 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, except those installed or erected upon public utility facilities now existing, without written approval of the director of public works of the city.

(c) In those areas and portions of the city where both the transmission and distribution facilities of the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate, and maintain all of its transmission and distribution facilities underground. Amplifiers in grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the director of public works of the city.

(d) Grantee shall cause a key map and detailed plat maps of the entire system showing material of construction and horizontal and vertical locations with respect to property lines and grade lines to be prepared by a registered professional civil engineer or a licensed land surveyor and filed in the office of the public works director prior to the issuance of a permit for construction, or within ninety days after granting of a franchise to operate and maintain facilities existing prior to the adoption of this section. Prior to requesting the issuance of a permit for installation of any facility or apparatus in accordance with the provisions of this section, the grantee shall file said key map and detailed plat maps with all utility companies and public agencies whose facilities are effected by said installation and obtain a statement signed by a responsible official thereof, that such utility or public agency has no objection to the proposed location of such facility. Such utility companies and public agencies shall act upon a request made to them by a grantee in accordance with the foregoing provisions within thirty days after such request has been made to such utility or public agency.

(e) Grantee, upon request of any person or agency who has contracted to perform work on a public right-of-way, shall provide accurate detailed information to such person or agency regarding location of any of the grantee's facilities in said right-of-way. Such information, if requested, shall include sending a representative familiar with the installation of CATV facilities to the site of the work to mark or designate the location of the facilities of the grantee.

(f) The grantee shall install with underground equipment and apparatus simultaneously with telephone and electrical conduit whenever the same are installed within grantee's area.

(g) In order that the provisions of subsections (c) and (f) of this section may be reasonably applied in instances where extreme or unnecessary hardship would result from carrying out the provisions of those subsections, the council shall have the power to vary the mandatory provisions of those subsections in any specific case in such a manner that substantial justice is done upon a showing by applicant of good cause therefor.

(Ord. 1181 § 1, 1992)

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

(b) Any property of the grantee remaining in place ninety days after the termination of the franchise shall be considered permanently abandoned. The city manager may extend such time not to exceed an additional thirty days.

(c) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the director of public works shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the city, and the grantee shall submit to the city council an instrument, to be approved by the city attorney, transferring to the city the ownership of such property.

(Ord. 1181 § 1, 1992)

Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street, alley or other public places within the time prescribed, and to the satisfaction of the director of public works, the city manager may at his option cause such work to be done and the grantee shall pay to the city the cost thereof in the itemized amounts reported by the city manager to the grantee within ten days after receipt of such itemized report.

(Ord. 1181 § 1, 1992)

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service. The following minimum standards shall be required:

(1) The system shall be installed using all bank equipment capable of passing the entire VHF and FM spectrum, and it shall have the further capability of converting UHF for distribution to subscribers on the VHF band;

(2) The system, as installed, shall be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and intelligence;

(3) The system and all equipment shall be designed and rated for twenty-four hour per day continuous operation;

(4) The system shall provide a signal level of two thousand microvolts at the input terminals of each TV receiver;

(5) The signal to noise ratio shall be not less than forty-six decibels;

(6) Hum modulation of the picture signal shall be less than five percent;

(7) The system shall use components having a VSWR of 1.4 or less.

(Ord. 1181 § 1, 1992)

All CATV systems installed in the city shall be done in accordance with the following specifications and requirements:

(1) All underground cabling will be run in conduit. The preferred conduit size[1] will be two and one-half inch for trunk, two inch for sub-trunk and one and one-half inch for distribution cabling. There shall be a spare duct of the largest size used in each trench location for each two ducts or less required. Preferable duct is scheduled 4-0 PVC, ABS or Polyethylene Rome Spec. B22 1 X-G or equal.

[1]

NOTE: Preferred conduit size depending on size, type and number of cables to be used.

(2) Where individual ducts are laid, colored plastic will be used to form a color oriented duct system to facilitate identification of the cables they contain, or other method of identification using continuous marking of duct.

(3) The minimum specification for ducting will be as follows. Equivalent or better standards may be substituted:

(A) Each cable will be installed in a separate conduit except as a final drop to the individual subscriber's building.

(B) Outdoor conduit shall be placed underground with a minimum depth of eighteen inches.

(C) Each run of cable is to be placed in a separate run of conduit.

(D) All conduits are to be located behind the curb, within the parkway area of the street, unless other locations are preferred by the planning commission.

(E) All service laterals front street to home shall be:

(i) Where it passes under the street, a minimum one and one-half inch with a pull box in the parkway, or at any other agreed location;

(ii) Direct to subscriber, a minimum of one inch PVC, ABS, Polyethylene schedule 40 or equivalent standard.

(F) Conduit will be laid, connected and sealed in continuous runs. "Bells" or overlapping ends two inches to three deep will be used, or alternatively the use of sealed slip couplers may be used.

(G) All conduit locations shall be accurately plotted from the curb face.

(H) Underground vaults and boxes for electronic components of the installed system will be used:

(i) The covers fitted securely and flush to the ground;

(ii) The covers will be colored to match the surrounding area;

(iii) The covers to be used must receive prior approval of the city's planning commission.

(I) Where conduit is laid in advance of the cable to be housed in it, polypropylene, polyethylene, nylon rope or other nondeteriorating type of pull line will be inserted at the time of laying to facilitate the later laying of messenger wire; to pull the actual cable.

(J) In undeveloped areas, or areas where changes of land marks are expected to occur, 16 to 19GA copper wire will be buried with the conduit with the ends exposed at each vault or pedestal location in order to facilitate the exact location of the buried conduit run.

(Ord. 1181 § 1, 1992)

(a) All matters herein provided to be filed with the city shall be filed with the city clerk.

(b) The rate schedule for any connection fee or monthly service charge, or charge thereto, to subscribers must have written approval of the city council.

(c) The grantee must pay to the city a sum of money sufficient to reimburse it for expenses incurred by it in publishing legal notice and ordinances in connection with the granting of a franchise pursuant to the provisions of this chapter; such payment to be made within thirty days after the city shall furnish such grantee with a written statement of such expense.

(d) The grantee shall maintain a toll free telephone number within the city so that CATV maintenance service shall be promptly available to subscribers.

(e) No person in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or the applicable monthly service charge.

(f) The city council may, upon finding that extraordinary circumstances applying to the land, buildings or CATV system do exist, waive any or all of the requirements of this chapter.

(g) The grantee shall, without charge, provide all subscriber services of its system to all public school buildings, city police and fire stations, city recreation centers and such other buildings owned or controlled by the city as the city manager shall designate. Such service shall consist of a drop connection to the exterior of the building or property involved and a connection to the interior of the building or property to a television set if desired.

(Ord. 1181 § 1, 1992)

(a) It is unlawful for any person to make any unauthorized connection in physical contact with any part of a franchised CATV system within the city for the purpose of taking or receiving or enabling himself or others to receive any television signals, radio signals, pictures, programs or sound.

(b) It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

(c) 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 CATV system unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter and unless such franchise is in full force and effect.

(d) Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this section is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine as set forth by city council resolution or by imprisonment in the county jail of Orange County for a term not exceeding six months or by both such fine and imprisonment. Such person, firm or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

(Ord. 1181 § 1, 1992)