Gridley Municipal Code Ch. 5.20 Catv Franchise

For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number.

A. "City" means the city of Gridley, a municipal corporation of the state of California, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.

B. "Council" means the governing body of the city.

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

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

E. "Grantor" means the city of Gridley.

F. "Gross receipts" means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from the operation of its CATV system in the city, including compensation from: (1) subscribers or users in payment for television or FM radio signals, or any other electrical or light signals reception or service including facsimile transmission and return or response communication received within the city, whether said signals, reception or service is included within the term "Basic Subscriber Service" or if an additional premium charge is collected for the signals, reception or services, including installation charges, (2) any fees or income received by grantee for carrying advertising or commercial messages over the CATV facilities, and (3) from any other person for utilization of or for connection to the property of grantee to the extent that he may from time-to-time legally impose a rental, lease fee, charge or requirement of any form of compensation or consideration therefor. Notwithstanding the above, gross annual receipts or gross revenue shall not include any taxes on services furnished by the grantee and imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit. Notwithstanding the foregoing, gross receipts shall not include any revenue from noncable services, revenue attributable to copyright fee separately billed to subscriber, refundable deposits on converters/scramblers, or other non cable-related equipment or services provided to subscribers. Notwithstanding the foregoing, gross receipts shall not include that portion up to and including thirty dollars of any payment for the installation or reconnection of a single outlet that is received from any subscriber or user. Intrastate telecommunications services subject to taxation under Part 22 (commencing with Section 44000) of Division 2, of the California Revenue and Taxation Code shall not be included, prior to July 1, 1988, in the gross receipts subject to the CATV franchise fee.

G. "Street" means the surface, the air space above the surface, and the area below the surface of any public street, other public right-of-way or public place, including public utility easements under control of the governing entity.

H. "Property of grantee" means all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.

I. "Subscribers" means any person or entity receiving with the grantee's authorization, for any purpose the CATV service of the grantee.

J. "Cable television system and CATV" are terms describing a system employing antenna, microwave, satellite transmission facilities, wire, wave-guides, coaxial cables and other conductors, equipment or facilities, including those that occupy the public rights-of-way and are designed, constructed or used for the purpose of receiving, collecting and transmitting television signals, radio signals, or any other kind of electrical or light signal including both off-the-air broadcast, microwave, satellite or closed-circuit television signals or other data or intelligence. This paragraph does not prohibit or purport to regulate activities by public utilities which are permitted by federal law or state regulation.

K. "City pole" means any pole owned solely by the city.

L. "Encroachment" means any property of grantee which is placed in, under or over any right-of-way.

M. "FCC" means the Federal Communications Commission.

N. "FM" means frequency modulation radio transmission.

O. "Above-ground equipment" means a CATV system constructed above ground on poles and structures including cables, guy wires, anchors, conductors, amplifiers, appliances and attachments placed on or attached to poles, overhead structures or placed above the surface of the ground and as necessary and appurtenant to the CATV system.

P. "Right-of-way" means the surface of and the space above, below, and the entire width of any street, highway, alley, lane, path, public way, sidewalk, boulevard, parkway, drive or any easement or right-of-way and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the city, or dedicated for use by the city, use by the general public or use compatible with cable system operations.

Q. "Underground equipment" means a CATV system constructed below the surface of the ground, including cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, and attachments necessary and appurtenant to the CATV system.

(Ord. 505 § 1, 1987).

When and in the event that the grantee of any franchise granted hereunder uses, in this CATV system, distribution channels furnished to the grantee by a telephone company whose facilities are constructed, operated and maintained pursuant to its state-granted telephone franchise, and the grantee makes no use of the streets, independent of such telephone company furnished facilities, the grantee shall be required to comply with all of the provisions of this chapter as a licensee and in such event whenever the term "grantee" is used in this chapter, it means and includes licensee. No provision of this chapter shall be deemed or construed as requiring the granting of franchise hereunder to a telephone company furnishing such a channel service.

(Ord. 505 § 1(part), 1987).

A. A nonexclusive franchise to construct, operate, and maintain a CATV system within all or any portion of the city may be granted by the council, by resolution, to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such -system under and pursuant to the terms and provisions of this chapter.

B. No provision of this chapter shall be deemed or construed so as to require the granting of a franchise when, in the opinion of the council, it is in the public interest not to do so or to restrict the number of grantees.

(Ord. 505 §l(part), 1987).

A. Minimum system design requirements shall be as follows:

1. Twenty-four downstream channels of video in accordance with the grantor-approved construction schedule in the franchise;

• 2. The complete FM radio band downstream;
• 3. Interconnection capability as more fully described herein;
• 4. Head-end standby power capable of four hours continuous operation.

B. Construction techniques shall be equal to or superior to the requirements of California Public Utilities Commission General Order 95, as amended or superseded from time to time, the specifications for aerial communications systems of the Pacific Telephone Company, and to all specifications and limitations on the utilization of their materials made by their manufacturers or to rules or regulations of the Federal government, whichever are the higher standards unless grantor authorizes lower standards. Construction components shall be adequate to the design specifications and requirements of the system and shall be utilized within manufacturer's specifications. In addition, the CATV system shall be constructed in accordance with design requirements and schedules contained in the franchise agreement.

(Ord. 505 § 1(part), 1987).

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

A. Limit system failures to minimum time duration by locating and correcting malfunctioning promptly, when reasonably possible within twenty-four hours after occurrence, irrespective of holidays or other nonbusiness hours;

B. Upon complaint by a subscriber, make a demonstration satisfactory to the city administrator that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the regulations of the Federal Communications Commission;

C. Render efficient service making repairs promptly and interrupting services only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to subscribers no less than twenty-four hours in advance and shall occur during the period of minimum use of the system;

D. Maintain an office in the city or at a location which subscribers may call without incurring added message or toll charges and which office shall be open during all the usual business hours, with its telephone listed in directories of the telephone company serving the city, and be so operated that complaints and requests for repairs or adjustment may be received at any time, day or night, seven days a week, or provide a local telephone directory listing and toll free telephone service maintained on a seven-day, twenty-four hour basis for the receipt of service repair complaints;

E. Provide to Grantor within two (2) business days after written notice is received, a summary of service complaints from cable customers and how the Grantee resolved those complaints. If Grantor requests data more than sixty (60) days old, the Grantee will have two (2) weeks after written notice is received to provide the information. All information provided Grantor is subject to the privacy provisions of the Cable Act.

(Ord. 631 (part), 1994; Ord. 505 § 1(part), 1987).

A. In addition to any other penalty provisions in the franchise, if a subscriber files in writing with the grantor a complaint for a service problem which is preventable and reasonably within the grantee's control, and if such grantee fails within a reasonable period following receipt of written notice by the grantor to remedy the problem, the grantor, upon ten days' written notice to the grantee, may require the grantee to appear before the city council to resolve such issues and may levy a penalty of up to five hundred dollars for any occurrence or series of related occurrences. If the grantee objects to the penalty in writing to the grantor within thirty days, the grantee and grantor shall commence binding arbitration in accordance with the Rules of the American Arbitration Association solely for the purpose of determining whether the five-hundred-dollar penalty was appropriate. No other action taken by the grantor shall be reviewable by way of arbitration.

B. The grantee shall provide notice to each subscriber, upon initial installation and within ninety days of franchise renewal regarding the sanctions provided in this section, and the procedure for reporting and resolving subscriber complaints, including the subscriber's right to complain in writing to the grantor about the grantee's failure to resolve a service complaint which is preventable and reasonably within the grantee's control. The proper address of the grantor to which complaints may be directed shall be included in such notice.

(Ord. 505 § 1(part), 1987).

A. 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, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any right-of-way 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 or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the city.

B. The granting of a franchise pursuant to this chapter shall not be construed as permission or authority to enter on, occupy or otherwise use private property without the express consent of the owner or agency in possession thereof.

(Ord. 505 § 1 (part), 1987).

A. No franchise granted by the council under this chapter shall be for a term longer than fifteen years following the date of acceptance of such franchise by the grantee or the renewal thereof.

B. Any such franchise granted hereunder may be terminated prior to its date of expiration by the council, in the event that the council shall have found, after thirty days' written notice of any proposed termination and public hearing, that:

1. The grantee has failed to comply with any material provision of this chapter, or has, by act or omission, violated any material term or condition of any franchise or permit issued hereunder; or

2. Any provisions of this chapter have become invalid or unenforceable and the council further finds that such provisions constitute a consideration material to the grant of the franchise and the parties are unable to negotiate appropriate modifications to the franchise within a reasonable time following the invalidity or unenforceability of the provisions; or

3. The city acquires the CATV system property of the grantee.

(Ord.505 § 1(part), 1987).

A. During the six-month period which begins with the thirty- sixth month before the franchise expiration, the city may, on its own initiative, and shall at the request of a grantee, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of:

1. Identifying the future cable-related community needs and interests; and

2. Reviewing the performance of the cable operator under the franchise during, the then current franchise term presently in effect. The term of any such renewal shall commence from the effective date of the renewed franchise. The section does not confer upon the grantee any substantive or vested rights to renewal of the or vested rights to renewal of the franchise and the grantor is under no obligation to renew the franchise.

B. 1. Upon completion of the proceedings described under subsection A, a grantee seeking renewal of a franchise may, on its own initiative or at the request of the city, submit a proposal for renewal.

2. Any such proposal shall contain such material as the city may require, to include all matters specified in Section 5.20.260 and to include proposals for an upgrade of the existing cable system.

3. Such proposal for a renewal shall be submitted in writing to the city within thirty days following the completion of the proceedings under subsection A.

C. 1. Upon submittal by a grantee of a proposal to the city for the renewal of a franchise, the city shall provide prompt public notice of such proposal and, during the four-month period which begins on the completion of any proceedings under subsection A, renew the franchise or issue a preliminary assessment that the franchise should not be renewed, and at the request of grantee or on its own initiative, commence an administrative proceeding to consider whether:

a. The grantee has substantially complied with the material terms of the existing franchise and with applicable law;

b. The quality of the grantee's service, including signal quality, response to consumer complaints, and billing practices (but without regard to the mix, quality, or level of cable services or other services provided over the system) has been reasonable in light of community needs;

c. The grantee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the grantee's proposal; and

d. The grantee's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of such needs and interests.

2. In any proceeding under subsection (C) (1) of this section, the grantee shall be afforded at least ten days' notice by mail of any hearing (an initial hearing may thereafter be continued time to time without any further written notice) and the grantee and the city, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection A), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceedings.

3. At the completion of a proceeding under this subsection, the city shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the grantee. Such decision shall state the reasons therefor.

D. Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subsection (C) (1) (a) through (d) of this section, pursuant to the record of the proceeding under subsection C. The city may not base a denial of renewal on a failure to substantially comply with the terms of the franchise under subsection C. The city may not base a denial of renewal on a failure to substantially comply with the terms of the franchise under subsection (C) (1) (a) or on events considered under subsection (C) (1) (b) in any case in which a violation of the franchise or the events considered under subsection (C) (1) (b) unless the city has provided the grantee with notice and the opportunity to cure, or in any case in which it is documented that the grantee has waived its right to objection, or has effectively acquiesced.

E. No franchise granted pursuant to this chapter (or under any prior law) shall remain in effect beyond the length of its stated term, provided that any such franchise shall remain in effect at all times during which the city considers renewal of such franchise pursuant to subsection C of this section. In the event that the city denies renewal of the franchise, the franchise shall cease immediately if it has been in effect beyond the date of its stated term (and hence has remained in effect only while the city considers renewal), or it shall cease at such time as its stated term expires (in the event the city's denial of a renewal application occurs prior to the expiration of the franchise being considered for renewal). As such, the franchise shall terminate as specified in this subsection, notwithstanding the fact that an appeal from the decision of the city denying the franchise remains pending. Nothing in this subsection shall be deemed to limit the city's right to terminate any franchise as provided elsewhere in this chapter.

F. The term of any such renewal shall commence from the effective date of the renewed franchise. This section does not confer upon the grantee any substantive or vested rights to renewal of the franchise.

(Ord. 505 § 1(part), 1987).

Immediately upon execution of the franchise, the grantee shall pay to the city, on or before March 31st, of each year, a sum of five percent of gross receipts as defined in Section 5.20.010F, received by the franchisee for cable television operations in the city for the preceding calendar year. No other fee, charge or consideration will be imposed except such generally applicable business license fees, construction, development and inspection, and permit fees as set by the city. The grantee shall file with the city within ninety days after the expiration of any calendar year or portion thereof during which a franchise is in force, a financial statement prepared by a certified public accountant and in a form satisfactory to the director of finance for the city, showing in detail the gross annual receipts, as defined herein, of grantee. Upon reasonable notice and during regular business hours, the city shall have the right to inspect the grantee's records, and make copies thereof, covering its gross subscriber revenues under the franchise and the right of audit and recomputation of any and all amounts payable under this chapter; the cost of such audit shall be borne by grantee when the same results in increasing by more than two percent the grantee's annual payment to the city. No acceptance of any payment shall be considered as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for the performance of any other legal obligation hereunder.

(Ord. 505 § 1(part), 1987).

A. Any franchise granted under this chapter shall be nonexclusive.

B. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed in this chapter.

C. Any privilege claimed under such franchise by the grantee in any right-of-way or city pole or other public property shall be subordinate to any prior lawful occupancy of the rights-of-way, city pole, or public property by any other party. The city shall be judge in determining such claims. The city reserves the right to maintain and to operate its facilities in such manner as will best enable it to fulfill its own service requirements. The city shall not be liable to the grantee for any interruption to the grantee's service or for any interference with the operation of the grantee's equipment arising in any manner from the use of any right-of-way, pole, or facility thereon by the city.

D. A franchise granted pursuant to this chapter shall not be sublet or assigned, nor shall any of the rights or privileges therein granted or authorized be leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except grantee, either by act of the grantee or by operation of law, without the prior written consent of the grantor, which shall not be unreasonably withheld. The granting of such consent shall not render unnecessary any subsequent consent.

E. The grantee shall promptly notify the grantor of any proposed change in control of the grantee with respect to control shall make the franchise null and void unless and until the grantor shall have consented thereto. For the purpose of determining whether it will consent to such change, transfer, or acquisition of control, the grantor may inquire into the qualifications of the prospective controlling party, and the grantee shall assist the grantor in any such inquiry. The grantor may condition such transfer upon the terms and conditions it deems reasonably appropriate.

F. For the purpose of this section, a presumptive change in control will exist upon sale and transfer of thirty percent or more of the grantee's ownership stock or other control.

G. The grantee, at least sixty (60) days prior to any transfer or change in control as described in this section, shall deliver to Grantor information concerning the definitive transfer or sales agreement, and concerning the transferee or proposed controlling entity, as reasonably appropriate. Upon closing of any such sale or change of control, and if requested by Grantor, Grantee shall deliver to Grantor a certified copy of the document or documents evidencing such transfer of change of control.

H. Every such transfer as heretofore described, whether voluntary or involuntary, shall be deemed void and of no effect unless grantee shall have filed such certified copy as is required and grantor has given approval.

I. If the grantee shall violate this section, or fail to obtain grantor consent, all of the revenues of the system from the date of violation until the date of consent, if any, shall be returned to system's subscribers, on a prorated basis, upon written notice to the grantee from the grantor. Furthermore, any transfer in violation of this section shall be void ab initio.

J. Time shall be of the essence in any franchise granted hereunder. The grantee shall not be relieved of its obligations to comply promptly with any of the provisions of this chapter or by failure of the city to enforce prompt compliance.

K. 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.

L. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or its enforcement.

M. The grantee shall be subject to all provisions, rules, regulations, and conditions prescribed by federal, state, city, and local law theretofore or hereafter enacted or established during the term of any franchise granted under this chapter; provided, that with respect to city and local law, that such laws do not materially increase the burdens and obligations assumed by the grantee nor materially diminish the rights of the grantee pursuant to such grantee's franchise agreement.

N. Any such franchise granted shall relieve the grantee of any obligation involved in obtaining pole space from the city and shall be in lieu of any obligation to obtain an encroachment permit for installation of any of the grantee's property on the rights-of-way. However, it shall not relieve the grantee from the obligation imposed in any encroachment permit.

(Ord. 505 § 1(part), 1987).

A. Nothing in this chapter shall be deemed or construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.

B. There is reserved to the city every right and power which is required to be herein reserved or provided by any ordinance 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.

C. Neither the granting of any franchise hereunder nor any of the provisions contained in this chapter shall be construed to prevent the city from granting any identical or similar franchise to any other person, firm or corporation, within all or any portion of the city. In the event the city grants such additional franchises to construct, operate or maintain a CATV system within the city under more favorable terms and conditions than those granted to a grantee in a previous franchise agreement, then the agreement shall be considered modified to include such more favorable terms and conditions.

D. There is reserved to the city the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee. Provided, however, that any franchise in existence on the effective date of this chapter shall be subject to and governed by the law in existence prior to the effective date of this chapter except insofar as the requirements set forth in this chapter do not materially increase the burdens and obligations assumed by the grantee or materially diminish the rights of the grantee pursuant to such grantee's existing franchise agreement. Any renewal of existing franchises after the effective date of this chapter shall be governed by the law in existence at the time such renewal application is made, and any franchise so renewed shall be subject to all of the provisions of this chapter.

E. Neither the granting of any franchise nor any provisions of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

F. The council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The city 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 or and subscriber, in the best interest of the public.

(Ord. 505 § 1(part), 1987).

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

B. The grantee shall not install or erect any facilities of apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the city which has not yet become a public street on any tentative subdivision map approved by the city, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the public works director.

C. In those areas and portions of the city where the transmission or distribution facilities of both the public utility providing telephone service and the utility providing electric service are underground, then the grantee shall construct, operate and maintain all of its transmission and distribution facilities underground. Amplifiers in grantee's transmission and distribution lines may be in appropriate housing upon the surface of the ground as approved by the public works director. The city shall not be responsible in any manner for any costs incurred by the grantee in placing grantee's facilities underground. Undergrounding shall be at the grantee's cost and expense.

(Ord. 505 § 1(part), 1987).

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 or public place without complying with the requirements of grantee's franchise or this chapter, or the franchise has been terminated, canceled or has expired, the grantee, upon being given ten days' notice shall promptly at no expense to the city remove from the streets or public places all such above-ground property and poles of such system other than any which the city engineer may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to the condition satisfactory to the public works director. Removal of abandoned property if not performed by grantee, may be done by the grantor and billed to the grantee at grantor's option.

B. Any property of the grantee remaining in place one year after the termination or expiration of the franchise shall be considered permanently abandoned.

C. Any above-ground property of the grantee to be abandoned in place shall be abandoned in such a manner as the city engineer shall prescribe. Subject to the provisions of any utility joint use attachment agreement, 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 public works director an instrument in writing, to be approved by the city council, transferring to the city the ownership of such property.

D. Any and all street and public ways disturbed or damaged during the construction, operation, maintenance, or reconstruction of the system, shall be promptly restored by the grantee, at its sole expense, to their original condition unless otherwise authorized in writing by grantor.

(Ord. 505 § 1(part), 1987).

It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify, or sell the system, or the grantor revokes or fails to renew the franchise, the grantee ensures, that all subscribers receive continuous, uninterrupted services to the maximum extent reasonably possible. System interruptions or disruptions within grantee's reasonable control, in excess of twentyfour consecutive hours or for forty-eight total hours during any month shall entitle subscriber(s) to pro rata rebates upon request for the disrupted period, unless the disrupted period is the result of termination of the franchise by the grantor, an exercise of the grantor's right of eminent domain, or other acquisition of the franchise property by the grantor. In the event of purchase by the grantor, or a change of grantee, the current grantee shall cooperate with the grantor to operate the system for a temporary period to maintain continuity of service to all subscribers. In any event, grantor may, by resolution when it deems a good and sufficient cause exists, take over operation of a system for the purpose of maintaining continuity of service until any circumstances, which may in the judgment of the grantor threaten the continuity of service, are resolved to the grantor's satisfaction.

(Ord. 505 § 1(part), 1987).

A. The grantee, at its expense, shall protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place any property of the grantee when required by the public works director by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installations of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of structures or improvements by public agencies or as may be required by public agencies; provided, however, that the grantee in all cases shall have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.20.140 of this chapter. If the grantee protests any requirement of the public works director, the matter shall be referred to the city administrator, whose decision shall be final and binding.

B. Nothing in this section shall be deemed a taking of the property of the grantee and grantee shall not be entitled to any surcharge or other compensation by reason of anything hereunder.

(Ord. 505 § 1(part), 1987).

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 or other public place within the time prescribed, and to the satisfaction of the public works director, the public works director, at his option, may cause such work to be done and the grantee shall pay to the city the cost thereof in the itemized amounts reported by the public works director to the grantee within thirty days after receipt of such itemized report.

(Ord. 505 § 1(part), 1987)

A. The grantee, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, shall furnish to the city and file with the city clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole cost and expense, a corporate surety bond in a company approved by the city, and in a form approved by the city in an amount to be determined by grantor but not to exceed fifty thousand dollars renewable annually, and conditioned upon the faithful performance of the grantee of all of the grantee's obligations under this chapter and any franchise agreement, and upon the further condition that in the event grantee shall fail to comply with any one or more of the material provisions of this chapter or of any franchise issued to the grantee under this chapter, 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, such condition to be a continuing obligation for the duration of such franchise and 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 such franchise or renewal 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 shall be given to the city.

B. At the end of the first three years of the term of this franchise, the amount of the aforesaid corporation surety bond, which the franchise holder shall maintain in full force and effect for the remainder of the term of the franchise, shall be in an amount to be determined by grantor but not to exceed twenty-five thousand dollars, but shall correspond in all other particulars to the bond required during the first three years of the term as required in this section.

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

(Ord. 505 § 1(part), 1987).

A. The grantee, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, shall provide and maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole cost and expense, a general comprehensive liability insurance policy in an amount as from time to time set by the council and by a company approved by the city and in a form satisfactory to the city attorney, indemnifying and saving harmless the city, its officers, and employees from all claims, actions, suits, liability, loss expense or damages of every kind and description, including investigation cost, court costs, and attorney's fees which may accrue to or be suffered or claimed by a person or persons arising out of the negligence of the grantee in the ownership, construction, repair, replacement, maintenance and operation of the cable television system and by reason of any license, copyright, property right or patent of any article or system used in the construction or use of the system and protecting the city and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise, and any antitrust claim against grantor relating to the grant or administration of a franchise granted pursuant to this chapter, with minimum liability limits of two million dollars for personal injury or death of any person and five hundred thousand dollars for damage to property resulting from any one occurrence.

Furthermore, grantee shall indemnify and hold harmless the grantor from any and all liabilities, fees, costs and damages to persons or property, or expenses of any type or nature which may accrue to the grantor by reason of the construction, operation, maintenance, repair and alteration of the grantee's facilities by the grantee, its employees or agents, excluding any claims arising out of or relating to the negligence or wilful misconduct of the grantor, its employees or agents. In case any suit or action is instituted against the grantor asserting claims for which the grantor has a right of indemnification from the grantee pursuant to this paragraph, the grantor shall provide written notice thereof to the grantee and the grantee shall have the duty to defend grantor, nor shall it be required to indemnify and hold harmless the grantor, if a suit or action is brought against the grantor by the grantee.

B. Policies mentioned in subsection A of this section shall name the city, and its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the city thirty days in advance of the effective date thereof; if such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.

(Ord. 505 § 1(part), 1987).

The grantee shall maintain insurance throughout the term of the franchise which provides coverage in such amount as may be required by the worker's compensation insurance and safety laws of the state of California and amendments thereto. Proof of such insurance coverage shall be provided to the city and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the city thirty days in advance of the effective date thereof.

(Ord. 505 § 1 (part), 1987).

A. There shall be kept in the grantee's office, records which shall show the things hereafter set forth. The grantee shall provide such information in such form as may be required by the grantor for the records and provide copies thereof:

1. The true and entire cost of construction of plant and facilities, of equipment, of maintenance and of the administration and operation thereof; the amount of stock issued, if any; the amount of cash paid in, the number per value of shares, the amount and character of indebtedness, if any; the rate of taxes, the dividends declared; the character and amount of all fixed charges; the allowance, if any, for interest, for wear and tear for depreciation; and all amounts and sources of income;

2. The amount collected annually from subscribers within the city and the character and extent of the service rendered therefor;

3. The amount collected annually regarding grantee's operation of a cable television system (as defined in Section 5.20.010J) from other users of service and the character and extent of the service rendered therefor to them. Nothing in this subsection shall be deemed to require the grantee to identify particular persons and the grantee may specifically provide a record of aggregate data;

4. The grantee at all times shall make and keep full complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the city;

5. The grantee shall file with the city engineer a current map or set of maps drawn to scale specified by the city engineer, showing all CATV system equipment installed and in place in streets and other public places of the city on base maps provided by the city. The city engineer may, upon thirty days' notice require that any such maps be updated to reflect current locations of the grantee's CATV system equipment.

B. The information required to be provided pursuant to this section, in addition to any further data which may be required by the grantor, shall be furnished by the grantee to the grantor at the grantee's own cost and expense. The grantor shall have the right to inspect any records, receive copies of all books, records, maps, construction plans, financial statements, and other like material which are kept by the grantee on its premises upon reasonable notice at any time during normal business hours, and any grantee record kept at another place shall, within ten days of grantor's request, be made available at grantee's premises within the franchise area for grantor's inspection and/or copying, provided that the grantor shall maintain the confidentiality of any trade secrets or other proprietary information in the possession of the grantee.

(Ord. 505 § 1(part), 1987).

The performance of grantee's cable television system shall meet the technical standards as set forth in Section 5.20.040, and in FCC Rules, Part 76, Sub-part K, Section 76.610 and as amended, at the minimum, establishing technical standards relating to a cable system's technical operation.

(Ord 631 (part), 1994; Ord. 505 § 1(part), 1987).

In the case of any emergency or disaster, the grantee shall, upon request of the city council or city administrator, make available its facilities at no cost to the grantor for emergency use during the emergency or disaster period. For any period of time during which the grantor uses the grantee's facilities under the provisions of this subsection, subscribers shall not be entitled to a refund for interruption of service.

(Ord. 505 § 1(part), 1987).

Any modifications of the applicable provisions of the rules and regulations of the Federal Communications Commission or act of Congress which apply to the grantee shall be incorporated into the franchise within one year of adoption of the modification or at the time of franchise renewal, whichever occurs first.

(Ord. 505 § 1(part), 1987).

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the city clerk.

(Ord. 505 § 1(part), 1987).

Application for a franchise hereunder shall be in writing; shall be filed with the city clerk, and shall contain the following information:

A. The name and address of the applicant. If the application is a partnership, the name and address of each partner shall be set forth. If the applicant is a corporation, the application shall state the names and addresses of its directors, and main officers. In addition, the application shall state the names and addresses of all major stockholders and associates having ten percent or greater financial interest in the corporation, and the names and addresses of parent and subsidiary companies;

B. A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which 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;

C. A description, in detail, of the rights-of-way within which applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;

D. A map, specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested;

E. A statement or a schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed or otherwise conveyed over the CATV system;

F. A copy of any contract, 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;

G. A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise of the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front, or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;

H. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system;

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

(Ord. 505 § 1(part), 1987).

A. Upon consideration of any such application, the city council may refuse to grant the requested franchise, or the city council, by resolution, may grant a franchise for a CATV system to any such applicant as may appear from the application to be in its opinion best qualified to render proper and efficient CATV service to the television viewers and subscribers in the city. The city council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form a part of the franchise as granted. It is the intention of this chapter that the franchise shall not be granted upon a cash auction bid, but that the city council shall consider those factors set forth in California Government Code Section 53066 in granting the franchise, including but not limited to the following:

• 1. Quality of service offered;
• 2. Experience and financial responsibility of the applicant;
• 3. Applicant's proposals for providing service to local schools and city installations;

4. Whether applicant has a contract with a public utility providing for use of facilities such as poles, lines or conduits of such public utility in the city;

5. Such other factors as the city council considers necessary in protecting the public interest.

B. Any franchise granted under this chapter shall include the following conditions:

1. The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the city and no other purpose whatsoever.

2. Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the grantor 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. 505 § 1(part), 1987).

A. No franchise granted under this chapter shall become effective unless and until the resolution granting the franchise has become effective and, in addition, unless and until all things required in this chapter are done and completed, all such things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted under this chapter. In addition, no franchise granted pursuant to the provisions of this chapter shall become effective until all such things declared to be conditions precedent to the effectiveness of any such franchise shall be accomplished. In the event any of such things are not done and completed in the time and manner required, the council may declare the franchise null and void.

B. Within thirty days after the effective date of the document awarding a franchise, or within such extended period of time as the council, in its discretion may authorize, the grantee shall file with the city clerk his written acceptance in a form satisfactory to the city attorney, of the franchise, together with the bonds and insurance policies required by Section 5.20.180, 5.20.190 and 5.20.200.

(Ord. 505 § 1(part), 1987)

A. Within ninety days after acceptance of this franchise, the grantee shall file all necessary applications to receive permits and authorizations which are required in the conduct of its business including, but not limited to, any utility joint-use attachment agreements, microwave carrier licenses, and any other permits, licenses, and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the cable television system, or associated microwave transmission facilities. In connection therewith, copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal, state, or regulatory commission or agency having jurisdiction with respect to any matters affecting grantee's cable television and operations, shall also be submitted simultaneously to the city clerk.

B. Within ninety days after the release of at least ten percent of all poles within the franchise area by the jurisdictional utilities, grantee shall commence physical construction and installation of the cable television system.

C. Within two years after the commencement of construction pursuant to subsection B of this section, unless the city council in its discretion designates a shorter time in the franchise, grantee shall complete construction and installation of the entire cable television system and proceed to render service to all residents of the city who desire cable television service.

D. The grantor may in its sole discretion levy a penalty not to exceed two hundred and fifty dollars per day for each day the grantee exceeds the construction and installation time table pursuant to subsections B and C of this section; provided, however, that no such penalty shall be levied where such delays are a result of war, flood, fire, drought, labor strike, inability to obtain material or other cause not within grantee's reasonable control.

(Ord. 505 § 1(part), 1987).

A. The grantee shall maintain constant vigilance with regard to possible abuses of the privacy or constitutional rights of any subscriber, programmer, or citizen resulting from any device, signal, or service associated with the system. The grantee shall not utilize any capability of the system for acquisition of information not a normal part of a grantor-approved service.

B. No equipment owned by the grantee shall be installed by the grantee without first securing the written permission of the owner of any premises involved. If such permission is later revoked, the grantee upon request of the owner shall remove forthwith any of its equipment which is both visible and moveable.

C. Nothing herein shall restrict grantee's right to include additional advertising with grantee's billings.

D. Neither the grantee, nor any other person, agency, or entity, shall unlawfully tap, or arrange for the tapping, of any cable, line, signal device, signal or subscriber outlet, or receiver for any purpose whatsoever, except for the sole purpose of determining any unlawful act in violation of Section 5.20.330.

(Ord. 505 § 1(part), 1987).

A. It is the grantor's policy that the public shall have access to accurate and current information on presently available cable services. Grantee shall make a reasonable effort to provide such information.

B. Grantee shall inform grantor at least thirty days in advance of making any change in service standards. Upon request, grantee will confer with grantor's representative before taking any such action, and shall give due consideration to any recommendations grantor may make, either in response to grantee's statement of intention, or on grantor's own initiative.

C. All cable services shall be available to all subscribers who are willing to pay the charges at the rates established. No charges may be made for services except as listed in published schedules which are available to inspection by anyone at grantee's office, quoted by grantee on the telephone, or displayed or communicated to all potential subscribers prior to their signing a written order for service, except that grantee may charge less than the charges regularly assessed for such services at its discretion.

D. When a subscriber voluntarily discontinues service, grantee shall refund the unused portion of any advance payments in excess of two dollars after deducting any charges currently due. Unused payment portions shall be the percentage of time for which subscriber has paid for service and will not receive it because of his discontinuation of service.

E. Prior to any installation or delivery of services, all subscribers shall sign and deliver to grantee a written order for service. The order shall describe in detail all charges for installation of services, the method of payment and schedule of payment, and any grace periods, late charges, or any other information which will affect the total amount subscriber is to be charged.

F. Grantee shall advise each subscriber as may be set forth in the franchise that the grantor's representative is the official to whom complaints of poor service should be made if such complaints of poor service are not resolved by grantee to the satisfaction of each subscriber.

G. Grantee may, at its option, charge subscribers for service and installation no more than two months in advance. Billing periods shall not exceed two months. Bills may be due and payable upon mailing and shall not be delinquent sooner than twenty days after mailing. Grantee may offer subscribers various prepayment schemes at discounts not to exceed reasonable interest on the subscriber's money for the period of prepayment.

H. Grantee may disconnect a subscriber only for cause, which shall be limited to:

1. Payment delinquency in excess of fifteen days;

2. Wilful damage to or misappropriation of grantee's property;

3. Refusal, for more than ten days, to admit grantee to the subscriber's premises to service grantee's equipment;

4. Conviction by a court of monitoring, tapping, or tampering with grantee's system, signals, or services.

I. Grantee shall, upon subscriber's written request and payment of any grantee required deposit, reconnect service which has been disconnected for payment delinquency when payment has removed the delinquency. A published standard charge may be made for reconnections. Grantee shall not be required to make more than three reconnections for the same subscriber if the disconnections involved were caused by payment delinquency within the past twelve months.

J. Grantee shall advise each subscriber that they have the right to require their installation to be done over any route on their property, to any location within any building thereon, and in any manner they may elect, which is technically and practically feasible, consistent with grantee's standard practices. Grantee may, if it so elects, require that any such request be made in writing.

K. Grantee shall propose and secure grantor's approval for the description of standard or normal drop and shall include a determination of its cost for materials and labor. This shall be the most direct routing of drop wire from the tap to the subscriber's building construction found in the franchise area. A nonstandard drop shall be one which departs in total cost from a standard drop by more than twenty percent. For each nonstandard drop installed, the grantee may charge the subscriber for the cost of material and labor in excess of that for a standard drop. Grantee shall obtain a subscriber's written authorization in advance for all nonstandard drop charges.

(Ord. 505 § 1(part), 1987).

A. When not otherwise prescribed in this chapter, all matters herein required to be filed with the city shall be filed with the city clerk.

B. The grantee shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made within thirty days after the city furnishes the grantee with a written statement of such expenses by delivery of same to the city clerk.

C. In the termination of commercial broadcast television programs, the grantee shall not delete the commercials of the program sponsor nor shall it interrupt any programs or parts thereof and substitute commercials or advertisements for those of such program sponsor. However, this section, if preempted by federal regulations or by contract with the commercial broadcast television programmer, shall be ineffective, insofar as it is in conflict with such federal regulations.

D. Grantee shall provide all basic subscriber services of its system, including multiple connection services, on a time and materials basis, to all public and nonprofit private schools, city police and fire stations, city recreation centers, and such other buildings owned or controlled by the city, which shall from time to time be designated by the city administrator; provided, however, that such buildings shall be located within the service area. Grantee shall install, without charge to grantor or such public or private schools, within two hundred feet of service connection from the transmission cable, otherwise maintained or required to be maintained by grantee for the service of paying subscribers of grantee. The grantor or any such public or private schools shall pay to grantee the costs of all labor and materials supplied by grantee for the installation of any service connection in excess of the initial two hundred feet.

E. Before grantee shall provide service to any subscriber, grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:

Subscriber understands that in providing service, grantee is making use of public rights-of-way within the city, and that the continued use of these public rights-of-way is in no way guaranteed. Subscriber agrees it will make no claim nor undertake any action against the city, its officers, its employees or grantee if a service to be provided by grantee hereunder is interrupted or discontinued because the continued use of such rights-of-way is denied to grantee for any reason. The form of grantee's contract with its subscribers shall be subject to approval of the grantor's attorney with respect to the inclusion of this provision.

F. The grantee shall comply with all applicable city construction codes and permit procedures.

G. All construction practices shall be in accordance with all applicable sections of Federal and State Occupational Safety and Health Acts and any amendments thereto as well as all state and local codes where applicable.

H. Antennas and support structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local codes and regulations.

I. All of the grantee's plant and equipment, including but not limited to the antenna site, headend and distribution system towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances, shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere in any manner with the rights of any property owner, nor hinder or obstruct pedestrian or vehicular traffic.

J. The grantee shall at all times employ common care and shall use and maintain commonly accepted methods and devices for preventing failure and accidents that are likely to cause damage, injury or nuisance to the public.

K. Grounds for Revocation. The grantor reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise due to either of the following circumstances either of which shall represent a material breach of the franchise:

1. If the grantee should default in the performance of any of its material obligations under this chapter or the franchise agreement;

2. If the grantee should fail, after receiving ten days' written notice from the grantor to provide or maintain in full force and effect, the liability and indemnification coverages or bonds as required herein. The grantee shall be deemed to have failed to maintain the required insurance or bonds if the grantee fails to provide adequate assurance to the grantor that such insurance or bonds will remain in effect after grantor has been given notice of intent to cancel coverage by the insurance company or bonding company.

L. Procedures Governing Revocation.

1. The city shall give written notice to the grantee of its intent to revoke the franchise and the grounds therefor. Grantee shall have thirty days from such notice to object, in writing, and to state the reasons for such objection.

2. In the event the city does not receive a response satisfactory to it, it may then proceed to place its request for revocation of the franchise on the agenda for a council meeting. The city shall serve upon the grantee, at least ten days prior to the time and place of such meeting, a written notice of its intent to request such revocation, and the time and place of the meeting.

3. At the designated meeting, the grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to be represented by counsel, and to question witnesses.

4. Any decision to revoke the franchise shall be made by a vote of three or more members of the city council.

5. Any revocation shall become effective immediately.

M. Any franchise granted pursuant to this chapter shall include the conditions that the CATV system franchise shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the city and no other purpose whatsoever. Inclusion of this statement in any franchise shall not be deemed to limit the authority of the city or 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.

N. The grantee shall offer to make a lock box available to each of its subscribers. For purposes of this paragraph, a "lock box" is a parental control device, either in the form of a separate unit or incorporated into a descrambler or other piece of equipment used to provide cable television service, which is made operational by a key or by a code, and which enables the subscriber to prevent the viewing of any pay channel offering adult programming.

O. Unless the grantee's cable television system incorporates technology to prevent unwanted reception of audio and video signals from occurring under normal operating conditions, the system shall provide a written statement to all new subscribers advising them that audio or video signals, or both, may be present on certain channels to which they do not subscribe.

(Ord. 505 § 1(part), 1987).

A. From and after the effective date of this chapter, it shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this city any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

B. From and after the effective date of this chapter, it shall be unlawful for any person to construct, install or maintain within any right-of-way in the city, or within any privately owned area within the city which has not yet become a public right-of-way but is designated or delineated as a proposed right-of-way 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 right-of-way 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.

C. It is unlawful for any person to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the franchised cable television system within this city for the purpose of taking or receiving or enabling himself/herself or others to receive or use any television signals, radio signals, picture, program or sound, without payment to the owner of the system. Notwithstanding the foregoing, utilization of equipment to receive directly from any satellite, any signal by an individual for his/her utilization or that of his/her invitees shall not be subject to nor be in violation of this chapter so long as such signal is not scrambled and there is no marketing program in place for the purchase of such signals and he/she does not retransmit such signal.

D. 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.

E. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars or be imprisoned in the county jail for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 505 § 1(part), 1987).

If any material section or provision of this chapter relating to system design, line extension, service mix or levels, amendment, duration of franchise, and studio and other production facilities, or franchise awarded under it, is held to be invalid or unenforceable by a court of competent jurisdiction, grantor shall thereupon make a determination of the effect upon the public interest caused thereby. If the grantor shall find, that a negative and material effect has been produced, then an involuntary modification contrary to the public interest shall be deemed to have occurred. Upon such an occurrence, the parties shall endeavor to renegotiate the terms of the franchise issued hereunder unless, following reasonable efforts by the parties to renegotiate the franchise terms, the parties are unable to reach an agreement.

(Ord. 505 § 1(part), 1987).