Huntington Park Municipal Code Ch. 26 Procedure for the Granting of Franchises for Broadband and Two-Way…

Note: Prior history: Chapter 26 entitled "Franchises for Community Antenna Television Systems", consisting of Sections 5-26.01 through 5-26.25, as added by Ordinance No. 246-NS, effective December 19, 1979, amended in its entirety by Ordinance No. 266-NS, effective October 22, 1980.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Cable television system," "CATV," "CTV," and "broadband two-way communications system,"

for the purposes of this chapter, are terms describing a system employing antennae, microwave, wires, waveguides, coaxial cables, or other conductors, equipment, or facilities designed, constructed, or used for the purpose of:

(1)

Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;

(2)

Transmitting original cablecast programming not received through television broadcast signals;

(3)

Transmitting television pictures, film, and video-tape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers;

(4)

Transmitting or receiving two-way signals or transmissions; and

(5)

Transmitting and receiving all other signals, digital, voice, and audio-visual; provided, however, any of the services permitted by this chapter to be performed, as described in this subsection, shall be those performed by the grantee for subscribers, as defined in this section, in the operation of a cable television or CATV system franchised by the City and not otherwise.

"Chief Administrative Officer"

shall mean the City Manager, City Administrator, or other designation of the City's chief executive officer, or any designee thereof.

"City"

shall mean the City of Huntington Park, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.

"Council"

shall mean the governing body of the City or any future board constituting the legislative body of the City.

"Franchise"

shall mean and include any authorization granted pursuant to this chapter 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. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of the City.

"Grantee"

shall mean the person, firm, or corporation granted a franchise by the Council pursuant to this chapter and the lawful successor, transferee, or assignee of such person, firm, or corporation.

"Gross revenue"

shall mean 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:

(1)

Subscribers or users in payment for television or FM radio signals, reception, or service received within the City, including installation and line extension charges;

(2)

Any fees or income received by the grantee for carrying advertising or commercial messages over the CATV facilities; and

(3)

Any other person or utilization of or connection to the property of the grantee to the extent the City may from time to time legally impose a franchise payment on account thereof.

"Person"

shall mean any natural person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, and societies.

"Property of the grantee"

shall mean all property owned, installed, or used within the City by a grantee in the conduct of a cable television system business under the authority of a franchise granted pursuant to this chapter.

"Special service area"

shall mean an area of the City designated by the Council, if it so elects, in the franchise agreement where the franchisee may charge different rates, or provide different services, than in the remainder of the City.

"Street"

shall mean the surface, the airspace 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.

"Subscriber" or "user"

shall mean any person or entity receiving for any purpose any service of the grantee's cable television system, including, but not limited to, the conventional cable television system service of retransmission of television broadcasts, radio signals, the grantee's original cablecasting, and the local government, education, and public access channels, and other services, such as the leasing of channels, data and facsimile transmission, pay television, and police, fire, and similar public service communication.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) A nonexclusive franchise to install, construct, operate, and maintain a cable television system on streets within all or a specific portion of the City may be granted by the Council to any person, whether operating under an existing franchise, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.

No provision of this chapter may be deemed or 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.

(b) When and in the event the grantee of any franchise granted pursuant to this chapter uses in his or her cable television system distribution channels furnished to the grantee by a telephone company pursuant to a tariff or contract on file with a regulatory body having jurisdiction, and such grantee makes no use of the streets independent of such telephone company-furnished facilities, such 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 shall be deemed to mean and include "licensee."

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) Basic services. The cable television system permitted to be installed and operated pursuant to this chapter shall:

(1) Be operationally capable of relaying to subscribed terminals those television and radio broadcast signals for the carriage of which the grantee is now or hereafter authorized by the Federal Communications Commission;

(2) Be constructed two-way capability from the date of the system initiation;

(3) Distribute color television signals which it receives in color;

(4) Provide at least one channel, without charge, for the exclusive use of the City. Additional channels may be required by the City as the need, in the determination of the City, arises;

(5) Provide a Community Service Channel Program, as defined by Section 53066.1, as amended, of the Government Code of the State, plus any additional requirements which the Council, from time to time, may impose;

(6) Provide, at a minimum, a fully-equipped permanent studio within the City limits for public and municipal use, plus such other mobile and portable studios as, from time to time, are necessary in the opinion of both the Council and the grantee; and

(7) Consist of the state of art technology and be at least equivalent in capacity and capability to those cable television systems constructed and operated in adjacent cities at the time of the construction of the system for which a franchise is granted.

(b) Nonbasic services. The cable television system permitted to be installed and operated pursuant to this chapter may also engage in the business of:

(1) Transmitting original cablecast programming not received through television broadcast signals;

(2) Transmitting television pictures, film, and video-tape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers; and

(3) Transmitting and receiving all other signals, digital, voice, and audio-visual.

(c) Subscriber complaints. In addition to other service regulations adopted by the Council, and excepting circumstances beyond the grantee's control, such as acts of God, riots, and civil disturbances, and in providing the services set forth in this section, the grantee shall:

(1) Limit system failures to a minimum time duration by locating and correcting malfunctioning promptly, but in no event longer than 24 hours after the occurrence, irrespective of holidays or other nonbusiness hours;

(2) Upon a complaint by a subscriber, make a demonstration satisfactory to the Chief Administrative Officer 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;

(3) Render efficient services, making repairs promptly and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to the subscribers 24 hours in advance and shall occur during periods of minimum use of the system;

(4) Maintain an office in the City, which office shall be open during all the usual business hours, with its telephone number 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 directly listing and "toll free" telephone service maintained on a seven day, 24 hour basis for the receipt of consumer complaints; and

(5) Maintain a written record or log listing the dates of customer complaints, identifying the subscribers and describing the nature of the complaints and when and what action was taken by the grantee in response thereto. Such record shall be kept at the grantee's local office for a period of five years after the date of the complaints and shall be available for inspection during regular business hours, without further notice or demand, by the Chief Administrative Officer.

(d) Municipal services.

(1) With respect to the local government channel, the grantee shall provide, at the request of the Chief Administrative Officer, the use of the grantee's studio, equipment, and technical services for the production of live and video-tape municipal programs, subject to the scheduling requirements of the grantee; and

(2) With respect to the basic television service, the grantee shall provide all subscriber services, and a tie-in connection, without cost, when the system possesses such facilities and as designated by the Council, subject to the requirements of Federal law, to:

(i) Public schools and community colleges within the City; and

(ii) Buildings owned and controlled by the City and used for public purposes and not for residential use (fire and police stations excepted).

(e) Compatibility and connectibility.

(1) It is the desire of the City that all cable television systems franchised pursuant to this chapter, insofar as financially and technically possible, shall be compatible with another and with systems adjacent to the City.

(2) Wherever it is financially and technically feasible, the grantee shall so construct, operate, and modify the system so as to tie the system into all other systems within and adjacent to the City.

(f) Uses permitted. 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 cable television 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 street such poles, wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable television 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.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) In consideration of the granting and exercise of a franchise to use the streets, as defined in Section 5-26.01 of this chapter, for the operation of a cable television system, any grantee shall pay to the City, during the life of the franchise, 3% of the franchisee's gross revenue per year from all cable services in the community, except that, to the extent the Federal Communications Commission, in its Rules and Regulations, at some time in the future allows a City to raise the franchise fee to 5% above the showings currently required by Section 76.31 of the Rules and Regulations of the Federal Communications Commission, the City reserves the right to increase the franchise fee to a level of 5%.

(b) The percentage payments shall be made in the manner, and at the times directed, in such franchise or in a Council resolution fining franchise fees and adopting rules for service and rate regulations.

(c) 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 other obligation under this chapter.

(d) In the event the payment required by this section is not received by the City within the specified time, the grantee shall pay to the City liquidated damages of 2% per month on the unpaid balance in addition thereto.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) Any franchise granted by the Council pursuant to this chapter shall be for a maximum term of 20 years after the date of its acceptance by the grantee. During the last year of the franchise, the grantee may apply to the Council for a renewal of the franchise. Permission to renew for an additional equal term of 20 years shall not be unreasonably withheld if the grantee has substantially complied with the terms and conditions of the existing franchise.

(b) The City may terminate any franchise granted pursuant to the provisions of this chapter in the event of the failure, refusal, or neglect by the grantee to do or comply with any material requirement or limitation contained in this chapter or any material role or regulation of the Council or Chief Administrative Officer validly adopted pursuant to this chapter.

(c) The Chief Administrative Officer may make a written demand that the grantee do or comply with any such requirement, limitation, term, condition, rule, or regulation. If the failure, refusal, or neglect of the grantee continues for a period of 30 days following such written demand, the Chief Administrative Officer may place his or her request for the termination of the franchise upon the next regular Council meeting agenda. The Chief Administrative Officer shall cause to be served upon such grantee, at least 10 days prior to the date of such Council meeting, a written notice of his or her intent to request such termination and the time and place of the meeting, notice of which shall be published by the City Clerk at least once 10 days before such meeting in a newspaper of general circulation within the City.

(d) The Council shall consider the request of the Chief Administrative Officer, and shall hear any person interested therein, and shall determine, in its discretion, whether or not any failure, refusal, or neglect by the grantee was with just cause.

(e) If such failure, refusal, or neglect by the grantee was with just cause, the Council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

(f) If the Council shall determine such failure, refusal, or neglect by the grantee was without just cause, then the Council, by resolution, may declare that the franchise of such grantee shall be terminated and forfeited, unless there shall be compliance by the grantee within such period as the Council may fix, or may reduce the length of the franchise by a period of time up to the duration of the failure and/or violation.

(g) The termination and forfeiture of any franchise shall in no way affect any of the rights of the City under the franchise or any provision of law.

(h) In the event of any holding over after the expiration of any franchise granted pursuant to this chapter without the prior consent of the City expressed by resolution, the grantee shall pay to the City reasonable compensation and damages of not less than 100% of its gross revenue during such period.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) Each application for a franchise to construct, operate, or maintain any cable television system in the City shall be filed with the City Clerk and shall contain or be accompanied by the following:

(1) The name, address, and telephone number of the applicant;

(2) A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to, the following and to whatever extent required by the City:

(i) The names and residence and business addresses of all officers, directors, and associates of the applicant;

(ii) The names and residence and business addresses of all officers, persons, and entities having, controlling, or being entitled to have or control 5% or more of the ownership of the applicant and the respective ownership share of each such person or entity;

(iii) The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling the applicant in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, cable television systems owned or controlled by the applicant and its parent and subsidiary and the areas served thereby;

(iv) A detailed description of all previous experience of the applicant in providing cable television system service and in related or similar fields;

(v) A detailed and complete financial statement of the applicant, prepared by an independent certified public accountant, for the fiscal year next preceding the date of the application, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the Council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the City, or a statement from a certified public accountant certifying that the applicant has available sufficient free, net, and uncommitted cash resources to construct and operate the proposed system in the City; and

(vi) A statement identifying, by place and date, any other cable television franchise awarded to the applicant or its parent or subsidiary; the status of such franchises with respect to the completion thereof; the total cost of the completion of such systems; and the amount of the applicant's and its parent's or subsidiary's resources committed to the completion thereof;

(3) A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:

(i) A detailed map indicating all areas proposed to be served and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served;

(ii) A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of such classifications, including installation charges and service charges;

(iii) A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant and that such standards of operation are in compliance with those contained in Title 47, Subpart K (Sections 76.601 et seq.) of the Rules and Regulations of the Federal Communications Commission;

(iv) A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber; and

(v) A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm, or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise;

(4) A copy of any agreement covering the franchise area, if existing between the applicant and any public utility subject to regulation by the Public Utilities Commission of the State, providing for the use of any facilities of the public utility, including, but not limited to, poles, lines, or conduits;

(5) Any other details, statements, information, or references pertinent to the subject matter of such application which shall be required or requested by the Council, or by any provision of any other law of the City (and of its Charter); and

(6) An application fee in the sum of $1,500, which shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, and which shall be in consideration thereof and not returnable or refundable in whole or in part, except to the extent that such fee exceeds the actual costs incurred by the City in studying, investigating, and otherwise processing the application; provided, however, any applicant who shall deliver to the City Clerk a written withdrawal or cancellation of any application filed pursuant to this chapter not later than the seventh (7th) day next following the day such application is received by the City Clerk shall be entitled to have returned and refunded the sum of $1,500, less any actual costs or expenses incurred by the City by reason of such application.

(b) The Council, by advertisement or any other means, may solicit and call for applications for cable television system franchises, and may determine and fix any date upon or after which the applications shall be received by the City, or the date before which the applications must be received, or the date after which the applications shall not be received, and may make any other determinations and specify any other times, terms, conditions, or limitations respecting the soliciting, calling for, making, and receiving of such applications.

(c) Upon the receipt of any application for a franchise pursuant to this chapter, the Council shall refer the application to a CATV Committee, appointed by the Council, which shall prepare a report and make its recommendations respecting such application and cause the report to be completed and filed with the Council.

(d) In making any determination hereunder as to any application for a new franchise, or renewal thereof, the Council may give due consideration to the quality of the service proposed, the rates to subscribers, income to the City, the experience, character, background, and financial responsibility of any applicant and its management and owners, the technical and performance quality of equipment, the willingness and ability to meet construction and physical requirements and to abide by policy conditions, franchise limitations and requirements, and any other consideration deemed pertinent by the Council for safeguarding the interests of the City and the public.

(e) The Council shall make one of the following determinations:

(1) That such application be denied, which determination shall be final and conclusive; or

(2) That such franchise be granted and the terms and conditions thereof.

(f) The Council may reject any and all applications and, if it so desires, may request new and/or additional proposals.

(g) The Council at any time may demand, and the applicants shall provide, such supplementary, additional, or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.

(h) Any grantee, upon the effective date of its franchise, shall be required to reimburse the City for its estimated engineering, administrative, publication, and legal expenses incurred in connection with the processing, evaluation, and preparation of documents relating to such franchise, as such shall be established in the franchise agreement, in a total amount not to exceed $15,000.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) Surety bonds. Upon being granted a franchise, and upon the filing of the acceptance required by Section 5-26.08 of this chapter, the grantee shall file with the City Clerk and shall thereafter, until the system is completed, maintain in full force and effect a corporate surety bond, or other surety agreement acceptable to the City, in the amount of $200,000. When the system is completed, the grantee may reduce such bond to $25,000. Such bond or agreement shall be conditioned upon the faithful performance of the grantee and upon the further condition that in the event the grantee shall fail to comply with any one or more of the provisions of this chapter, or of the franchise issued to the grantee pursuant to this chapter, then there shall be recoverable by the City from the principal and surety any damages or costs suffered or incurred 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 in this chapter, or in the franchise granted to such person, which may be in default, plus a reasonable allowance for the City's attorney's fees and costs, up to the full amount of the bond.

(b) Performance bonds for subscribers. Upon being granted a franchise, and upon the filing of the acceptance required by Section 5-26.08 of this chapter, the grantee shall file, annually, 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 the amount of $10,000. Such bond or agreement shall be so conditioned that in the event such grantee shall fail to comply with any one or more of the provisions of any agreement or undertaking made between the 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 attorneys' fees and costs of any action or proceeding. Such condition shall be a continuing obligation during the entire term of such franchise and thereafter until the 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.

(c) Hold harmless agreements. The grantee shall indemnify and hold harmless the City, and its officers, boards, commissions, agents, and employees, against and from any and all claims, demands, causes of action, actions, suits, proceedings, damages (including, but not limited to, damages to City property, damages arising out of copyright infringements, and damages arising out of any failure by the grantee to secure consents from the owners, authorized distributors, or licensees of programs to be delivered by the grantee's cable television system), costs, or liability (including costs or liabilities of the City with respect to its employees) of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damages to persons or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost, and expense resulting or arising out of any of the same, including any attorneys' fees, accountants' fees, expert witness or consultants' fees, court costs, per diem expenses, traveling and transportation expenses, or other costs or expenses arising out of or pertaining to the exercise or the enjoyment of any franchise granted pursuant to this chapter by the grantee or the granting thereof by the City.

(d) Defense of litigation. The grantee, at the sole risk and expense of the grantee, upon the demand of the City, made by and through the City Attorney, shall appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities against or affecting the City, or its officers, boards, commissions, agents, or employees, and arising out of or pertaining to the exercise of the enjoyment of such franchise or the granting thereof by the City.

The grantee shall pay and satisfy, or shall cause to be paid and satisfied, any judgment, decree, order, directive, or demand rendered, made, or issued against the grantee or the City, or its officers, boards, commissions, agents, or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking, or other assurance required by this chapter or otherwise; provided, however, neither the grantee nor the City shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding without first obtaining the written consent of the other.

(e) Insurance required. Upon being granted a franchise, and upon the filing of the acceptance required by Section 5-26.08 of this chapter, 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 cost and expense each of the following policies of insurance which shall be subject to the approval of the City Attorney: general comprehensive liability insurance in the amount of one million ($1,000,000.00) dollars, together with bodily injury liability insurance in an amount not less than $500,000, for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than one million ($1,000,000.00) dollars on account of any one occurrence, and property damage liability insurance in an amount not less than $50,000 resulting from any one occurrence; provided, however:

(1) The City shall be named as an additional insured in all of such insurance policies; and

(2) Where such insurance is provided by a policy which also covers the grantee or any other entity or person, it shall contain the standard cross-liability endorsement.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) No franchise granted pursuant to this chapter shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the City Clerk. Such written acceptance, which shall be in the form and substance approved by the City Attorney, shall also be and operate as an acceptance of each and every term, condition, and limitation contained in this chapter, or in such franchise, or otherwise specified as provided in this chapter.

(b) The written acceptance shall be filed by the grantee not later than 12:01 p.m. of the fortieth (40th) day next following the effective date of the ordinance granting such franchise.

(c) In default of the filing of such written acceptance as required by this section, the grantee shall be deemed to have rejected and repudiated the franchise. Thereafter, the acceptance of the grantee shall not be received nor filed by the City Clerk. The grantee shall have no rights, remedies, or redress in the franchise unless and until the Council, by resolution, shall determine that such acceptance be received or filed, and then upon such terms and conditions as the Council may impose.

(d) In any case, and in any instance, all rights, remedies, and redress which may or shall be available to the City shall at all times be available to the City, and shall be preserved and maintained and shall continuously exist in and to the City, and shall not be in any manner or means modified, abridged, altered, restricted, or impaired by agreement or otherwise.

(e) Any franchise granted and accepted pursuant to this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee of or pertaining to the construction, operation, or maintenance of any cable television system in the City.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) Every franchise granted pursuant to this chapter shall be non-exclusive.

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

(c) Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy to the streets or other public property.

(d) Any such franchise shall be a privilege to be held in personal trust by the original grantee. Such franchise cannot in any event be sold, transferred, leased, assigned, or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale or similar document, a duly executed copy of which shall be filed in the office of the City Clerk within 30 days after any such transfer or assignment. The said consent of the Council may not be unreasonably refused; provided, however, the proposed assignee shall show responsibility as determined by the Council, utilizing the factors specified in Section 5-26.06 of this chapter, and shall agree to comply with all the provisions of this chapter and provided, further, that no such consent shall be required for a transfer in trust, mortgage, or other hypothecation, in whole or in part, to secure an indebtedness, except that when such hypothecation shall exceed 25% of the market value of the property used by the franchisee in the conduct of the cable television system, the prior consent of the Council shall be required for such a transfer. Such consent shall not be withheld unreasonably.

In the event the grantee is a corporation, the prior approval of the Council, expressed by resolution, shall be required where there is an actual change in control or where ownership of more than 25% of the voting stock of the grantee is acquired by a person or group of persons acting in concert, none of whom already owns 50% or more of the voting stock, singly or collectively. Any such acquisition occurring without the prior approval of the Council shall constitute a failure to comply with a provision of this chapter within the meaning of Section 5-26.05 of this chapter.

In the event the grantee is a general or limited partnership, the prior approval of the Council, expressed by resolution, shall be required where there is a change in general partners or change of any interest of more than 25% of the partnership by a person or a group of persons acting in concert, none of whom already owns 50% or more of the partnership, singly or collectively. Any such change of partners, or acquisition of partnership interest, occurring without the prior approval of the Council shall constitute a failure to comply with a provision of this chapter within the meaning of Section 5-26.05 of this chapter.

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

(f) 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.

(g) 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 of any franchise issued pursuant to this chapter or because of its enforcement.

(h) The grantee shall be subject to all the requirements of City laws, rules, regulations, and specifications heretofore or hereafter enacted or established.

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

(j) Any franchise granted pursuant to this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, or any successor to any interest of the grantee, of or pertaining to the construction, operation, or maintenance of any cable television system in the City; and the acceptance of any such franchise shall operate, as between the grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the City to the effect that, as between the grantee and the City, any and all construction, operation, and maintenance by any grantee of any cable television system in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to such franchise and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.

(k) The transfer requirements of this section do not apply to the restructuring of debt or ownership interests among existing equity participants in Charter Communications, Inc. and/or its affiliates or the sale of capital stock by Charter, or by any of Charter's affiliated companies, in a transaction commonly known as an "initial public offering," provided that: (i) Charter shall provide written notice within 30 days of the transaction, and (ii) Charter represents in writing to the City that such transaction will have no foreseeable effect on the agreement relating to the management and operation of Charter's cable system in the franchise service area.

(§ 1, Ord. 266-NS, eff. October 22, 1980, as amended by § 1, Ord. 605-NS, eff. October 8, 1998)

The City reserves the power to adopt and enforce requirements and regulations on any or all of the following matters, if and when deemed necessary and proper in the public interest by the Council and if consistent with the Rules and Regulations of the Federal Communications Commission:

(a) Procedures for the periodic fixing of reasonable rates and service charges to be charged to subscribers by the grantee and provisions for the enforcement thereof;

(b) Operational standards pertaining to the quality of audio-visual reception by subscribers;

(c) Channel capacity requirements, unless limited in a franchise ordinance;

(d) Requirements for the carriage of specified television signals, radio signals, and supplementary signal carriage services;

(e) Requirements for the provision of equipment and channels for the local production and presentation of cablecast programs and regulations pertaining thereto;

(f) Requirements and regulations pertaining to minimum service requirements and fair business practices by the grantee;

(g) Public safety requirements pertaining to the installation and use of all CATV equipment;

(h) Procedures for the investigation and resolution of all complaints by subscribers regarding the grantee's CATV operations, including the implementation thereof by designated City officers, employees, or agents;

(i) Public access channels, equipment, and facilities;

(j) There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any law, and the grantee, by its acceptance of the franchise, agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of such rights or powers heretofore or hereafter enacted or established;

(k) Nothing in this chapter shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee, through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this chapter shall be construed to contract away or to modify or abridge, whether for a term or in perpetuity, the City's right of eminent domain;

(l) Neither the granting of any franchise nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City;

(m) 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 pursuant to this chapter. The Chief Administrative Officer, with the approval of the City Attorney, is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee pursuant to this chapter, either on behalf of the City, the grantee, or any subscriber, in the best interests of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the Chief Administrative Officer may appeal the matter to the Council for a hearing and determination. The Council may accept, reject, or modify the decision of the Chief Administrative Officer, and the Council may adjust, settle, or compromise any controversy or cancel any charge arising from the operations of the grantee or from any provision of this chapter; and

(n) In the event the Federal Communications Commission elects to deregulate any area of cable communication over which it currently exercises jurisdiction, or grant authority to municipalities to regulate in such areas, any franchise issued pursuant to this chapter shall be automatically amended, without any additional act by any party to it, to reflect such new municipal regulatory powers, and the City, if it so elects, may adopt rules and regulations in such areas.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) Standards of operation.

(1) Prior to receiving any applications for franchises, the Council may adopt rules, regulations, and standards governing the operation of cable television systems in the City. Such rules, regulations, and standards shall apply to and shall govern the operations of the grantee of any franchise pursuant to this chapter and are expressly declared a part of any such franchise.

(2) Rules, regulations, and standards not adopted prior to receiving any application for a franchise shall be adopted by the Council at the first regular meeting of the Council next following October 22, 1980, by resolution which shall become effective upon adoption and be applicable to any application for a franchise previously received.

(3) The standards adopted pursuant to the procedures set forth in this subsection shall be exclusively in those areas not either expressly or impliedly preempted by the Federal Communications Commission at the time of adoption.

(4) The Council, at any time, may adopt new rules or regulations or standards, or may amend, modify, delete, or otherwise change its respective rules or regulations or standards previously adopted, in the following manner: the Council shall pass its resolution of intention stating or describing the rules, regulations, or standards to be adopted, amended, modified, deleted, or otherwise changed and fixing and setting forth a day, hour, and place certain when and where any person having any interest therein or objection thereto may appear before the Council and be heard. Such resolution shall direct the City Clerk to publish the resolution at least once within 10 days after the passage thereof in a newspaper of general circulation within the City and to mail a copy of the resolution to any grantee or applicant for a franchise not more than 30 days nor less than 15 days prior to the time fixed for the hearing thereon.

(b) Rates. Unless and until the Council adopts an ordinance establishing procedures for the periodic fixing of reasonable rates pursuant to Section 5-26.10 of this chapter for the entire City or parts thereof, the following limitations shall apply to the rates charged to subscribers by the grantee:

(1) No increase in rates beyond those represented to a subscriber at the time of the initiation of service to such subscriber shall be applied to such subscriber for a period of not less than one year thereafter, except for such additional installations or services as may be requested by such subscriber during such period.

(2) No increase in rates shall be imposed upon subscribers except after 30 days' prior notice to subscribers.

(3) No charge shall be imposed upon any subscriber for the termination of CATV service or for the removal of CATV apparatus upon the termination of such service. No rate or charge of any type shall be imposed on a subscriber after the receipt of notice of termination from such subscriber, unless such subscriber withdraws such notice prior to the actual termination of service.

(4) No charge shall be made to any subscriber by reason of the maintenance, repair, removal, or replacement of any CATV apparatus or property of the grantee, unless the same was caused by the deliberate or negligent act of such subscriber.

(5) Except as otherwise provided by subsection (1) of this subsection, the grantee shall not charge different rates to subscribers within the same class of service, nor shall there be any difference in the services or facilities or in any other respect between subscribers within the same class, except as authorized in Section 5-26.22 of this chapter and except that installation charges may vary according to the costs of installation. No grantee shall make or grant any preference to any corporation or person as to rates, charges, services, facilities, rebates, or in any other respect, nor subject any corporation or person to any prejudice or disadvantage.

(6) The City reserves the power to lower the rates charged subscribers after making appropriate findings, whether or not the rates were initially approved by the Council.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) Within 30 days after the acceptance of any franchise granted pursuant to this chapter, the grantee shall proceed with due diligence to obtain all the 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 the cable television system or associated micro-wave transmission facilities.

In connection therewith, copies of all petitions, applications, and communications submitted by the grantee to the Federal Communications Commission or Securities and Exchange Commission, or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting the grantee's cable television operations, shall also be submitted simultaneously to the Chief Administrative Officer.

(b) Within 90 days after obtaining all the necessary permits, licenses, and authorizations, including rights of access to poles and conduits, the grantee shall commence the construction and installation of the cable television system.

(c) Within 180 days after the commencement of the construction and installation of the system, the grantee shall proceed to render service to subscribers, and the completion of the installation and construction shall be pursued with reasonable diligence thereafter so that service to all of the areas designated and scheduled on the map and plan of construction made a part of the franchise shall be provided as set forth therein. The grantee shall be required to complete construction within the entire City in a maximum of three years, although a shorter time may be specified in the franchise.

(d) The grantee shall utilize existing poles, conduits, and other facilities whenever possible and shall not construct or install any new, different, or additional poles, conduits, or other facilities, whether on public property or on privately-owned property, unless and until first securing the written approval of the Chief Administrative Officer.

Whenever the grantee shall not utilize existing poles, conduits, and other facilities, or whenever existing conduits and other facilities shall be located beneath the surface of the streets, or whenever the City shall undertake a program designed to cause all conduits and other facilities to be located beneath the surface of the streets in any area or throughout the City, in the exercise of its police power or pursuant to the terms of this chapter, upon reasonable notice to the grantee, any such conduits or other facilities of the grantee shall be constructed, installed, placed, or replaced beneath the surface of the streets. Any construction, installation, placement, replacement, or change which may be so required shall be made at the expense of the grantee, whose costs shall be determined as in the case of public utilities.

(e) The City shall have the right, free of charge, to make additional use, for any public or municipal purpose, whether governmental or proprietary, of any poles, conduits, or other similar facilities erected, controlled, or maintained exclusively by or for the grantee in any street provided such use by the City does not interfere with the use by the grantee.

(f) In those areas of the City where the transmission or distribution facilities of the respective public utilities providing telephone, communication, and electric services are underground or hereafter are placed underground, the grantee likewise shall construct, operate, and maintain all of its transmission and distribution facilities underground. The term "underground" shall include a partial underground system; provided, however, upon obtaining the written approval of the Chief Administrative Officer, amplifiers in the grantee's transmission and distribution lines may be placed in appropriate housings upon the surface of the ground.

(g) The grantee, at its expense, shall protect, support, temporarily disconnect, relocate, or remove any property of the grantee when, in the opinion of the Chief Administrative Officer, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grades, installations of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks, or any other type of structure or improvement or governmental agency, whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, the movement of buildings, urban renewal and redevelopment, and any general program under which the City shall undertake to cause all such properties to be located beneath the surface of the ground. The grantee in all cases shall have the privilege, subject to the corresponding obligations, to abandon any property of the grantee in place, as provided in subsection (i) of this section. Nothing hereunder shall be deemed a taking of the property of the grantee, and the grantee shall be entitled to no surcharge by reason of anything hereunder.

(h) Upon the failure, refusal, or neglect of the grantee to cause any work or other act required by law or this chapter to be properly completed in, on, over, or under any street within any time prescribed therefor, or upon notice given where no time is prescribed, the Chief Administrative Officer may cause such work or other act to be completed in whole or in part and, upon so doing, shall submit to the grantee an itemized statement of the costs thereof. The grantee, within 30 days after the receipt of such statement, shall pay to the City the entire amount thereof.

(i) In the event that:

(1) The use of any part of the system of the grantee is discontinued for any reason for a continuous period of 30 days without prior written notice to and approval by the City; or

(2) Any part of such system has been installed in any street or other area without complying with the requirements of this chapter; or

(3) Any franchise shall be terminated, cancelled, or expire, the grantee, at the option of the City, and at the expense of the grantee and at no expense to the City, and upon the demand of the City, shall promptly remove from any street or other area all property of the grantee, and the grantee shall promptly restore the street or other area from which such property was removed to such condition as the Chief Administrative Officer shall approve.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) The performance of the grantee's cable television system shall meet the technical standards set forth in Section 76.605, or any successor section, of the Federal Communications Commission's Rules and Regulations as those standards may exist from time to time.

(b) The grantee shall conduct performance tests in accordance with the requirements of Section 76.601, or any successor section, of the Federal Communications Commission's Rules and Regulations as said requirements may apply or be extended from time to time.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(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 to its franchise. If any such maps or records are not kept in the City, or upon reasonable request made available in the City, and if the Council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the grantee.

(b) The grantee shall prepare and furnish to the Chief Administrative Officer and the City Clerk, 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 and other public places in the City.

(d) The grantee shall file with the Chief Administrative Officer, on or before the last day in March of each year, a current map or set of maps, drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the City.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

The City may intervene in any suit or proceeding in which the grantee is a party provided the City's interests are not adequately represented by the existing parties and provided, further, that the disposition of each suit or proceeding without the City's participation may, as a practical matter, impair or impede the City's ability to protect those interests.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) In the event any new territory shall be annexed to the City which is contiguous to only one franchise area in the City, such new territory shall become, by operation of law, a part of such franchise area immediately upon the effective date of such annexation.

(b) In the event any new territory shall become annexed to the City which is contiguous to more than one franchise area in the City or is not contiguous to any franchise area, then the Council shall determine at a public hearing which grantee or grantees, if any, shall serve such new territory.

(c) In the event any portion of the unincorporated territory covered by an existing franchise or license granted by the County is annexed to the City prior to the time the grantee of such County franchise or license has commenced the installation of a CATV system within said territory, all rights acquired by said grantee under its County franchise or license shall terminate by operation of law as of the date on which the annexation to the City becomes effective.

(d) In the event any portion of unincorporated territory covered by an existing franchise or license granted by the County is annexed to the City after the grantee thereof has commenced or completed the construction and installation of a CATV system within said territory, the rights reserved under such franchise or license to the County, or to any officer thereof, shall inure to the benefit of the City, and all the regulatory provisions of this chapter and any other rules and regulations applicable to CATV systems operating within the City, whether then in effect or subsequently adopted, shall be applicable to and binding upon said grantee. In addition, the grantee shall be obligated to pay annually to the City the percentage of the gross receipts established by the County in said franchise or license, which gross receipts are derived from its operations within the annexed territory, for five years or upon the termination of the franchise, whichever is of the shorter time duration, at which time the Council may establish the percentage of gross receipts to be paid to the City.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) The grantee at all times shall employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damages, injuries, or nuisances to the public.

(b) The grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the National Electrical Code, as it now exists or hereafter may be amended, and in such manner that they will not interfere with any installation of the City or of a public utility serving the City.

(c) All structures and all lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, public ways, or places of the City, wherever situated or located, at all times shall be kept and maintained in a safe, suitable, and substantial condition and in good order and repair.

(d) The grantee shall strictly adhere to all building and zoning Codes currently or hereafter in force. The grantee shall arrange its lines, cables, and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of such public or private property by any person.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

Upon the termination of service to any subscriber, the grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his or her request.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

Any and all streets and public ways which are disturbed or damaged during the construction, operation, maintenance, or reconstruction of the cable television system shall be promptly repaired by the grantee, at its expense, to the satisfaction of the City.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

The grantee is expected to make use of existing aerial poles. However, the grantee shall have the right to erect poles if written permission is obtained from the City. Except as may be permitted, the grantee shall lease pole space from existing owners for all construction. The City shall utilize its best efforts to assist in arriving at an equitable rental agreement.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

Services shall be offered to all City residents in accordance with the provisions of the franchise agreement. The grantee shall not materially reduce the level of service without the permission of the City but, at the discretion of the grantee, may substitute programming to offer subscribers an equal or better array of services.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

As defined in the franchise agreement, the grantee shall be permitted to charge higher installation fees for areas of low housing density, commercial areas, and/or underground utility areas which require exceptionally high construction costs.

Upon a petition by the grantee, the Council may defer or indefinitely suspend any expansion into such a special service area after a showing by the grantee that such expansion would cause unreasonable financial hardship to the grantee. The adequacy of such a showing shall be determined and weighed against the public interest in system expansion by the Council after a public hearing.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

Upon the foreclosure or other judicial sale of all or a substantial part of the CATV system, or upon the termination of any lease covering all or a substantial part of the CATV system, the grantee shall notify the City Clerk of such fact, and such notification shall be treated as a notification that a change in control of the grantee has taken place, and the provisions of this chapter governing the consent of the Council to such change in control of the grantee shall apply.

The City shall have the right to revoke the franchise 120 days after the appointment of a receiver or trustee to take over and conduct the business of the grantee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days or unless:

(a) Within 120 days after his or her election or appointment, such receiver or trustee shall have fully complied with all the provisions of the franchise and remedied all defaults thereunder; and

(b) Such receiver or trustee, within said 120 days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the franchise.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

In order to preserve the right of the City under the franchise provided for and the right of the City to acquire the property of the grantee by purchase or by eminent domain proceedings at its then fair market value at any time during the existence of the franchise, it is especially provided that if at any time the franchise or the property of the grantee under the franchise shall become the subject of eminent domain proceedings by the City, the City reserves and shall have the right at the time such proceedings are commenced, or at any time thereafter, to terminate such franchise by resolution.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

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 the grantee elects to overbuild, rebuild, modify, or sell the system, or the City revokes or fails to renew the franchise, the grantee shall do everything in its power to ensure that all subscribers receive continuous and uninterrupted service, regardless of the circumstances, during the lifetime of the franchise. In the event of purchase by the City, or a change of the grantee, the current grantee shall cooperate with the City to operate the system for a temporary period to maintain continuity of service to all subscribers.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

Any individual, partnership, or corporation employed by the City for the purposes of advising the City, or its Council, commissions, Chief Administrative Officer, or staff, on matters relating to cable television, or reviewing and evaluating, or assisting the City in reviewing and evaluating, proposals for the construction and operation of a cable television system, or regulating, or assisting the City in regulating, a cable television system, as a term condition of such employment, shall file with the City Clerk within 10 days of the date of employment a statement containing:

(a) A listing and description of any financial and/or ownership held by the consultant in any cable television company, any subsidiary or affiliate of any cable television company, any company which is a supplier or customer of any cable television company, or in any other company which owns stock or has any interest in any of those types of companies which are described in this section. If the consultant is a partnership, the financial and/or ownership interests in cable television companies, affiliates, subsidiaries, suppliers, and customers of any partner shall be disclosed. If the consultant is a corporation, the financial and/or ownership interests in cable television companies, affiliates, subsidiaries, suppliers, and customers of any shareholder, officer, or director shall be disclosed; and

(b) A listing and description of any cable television company, affiliate, subsidiary, supplier, or customer which the consultant has represented, on a compensated or noncompensated basis, within the last 15 years.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) A franchise granted to provide service within the City may authorize and permit the grantee to solicit, sell, distribute, and make a charge to subscribers within the City for connections to the cable television system of the grantee and shall also authorize and permit the grantee to traverse any portion of the City in order to provide service outside the City.

(b) A franchise, easement, license, or other permit granted to anyone other than the grantee to traverse any portion of the City in order to provide service outside the City shall not authorize nor permit such person to solicit, sell, distribute, or make any charge to subscribers within the City, nor to render any service or connect any subscriber within the City to the cable television service system of the grantee.

(c) No franchise granted pursuant to this chapter shall ever be given any value by any court or other authority, public or private, in any proceeding of any nature or character wherein or whereby the City shall be a party or affected therein or thereby.

(d) The grantee shall be subject to all the provisions of the other laws, rules, regulations, and specifications of the City heretofore or hereafter adopted, including, but not limited to, those pertaining to work and activities in, on, over, under, and about streets.

Any privilege claimed under any franchise granted pursuant to this chapter in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

The grantee also shall be subject to the provisions of the general laws of the State, or as hereafter amended, when applicable to the exercise of any privilege contained in any franchise granted pursuant to this chapter, including, but not limited to, those pertaining to work and activities in and about State highways.

(e) The grantee shall be prohibited from directly or indirectly doing any of the following:

(1) Engaging in the business of selling at retail, leasing, renting, repairing, or servicing television sets or radios;

(2) Imposing a fee or charge for any service or repair to subscriber-owned receiving devices, except for the connection of its service, or for the determination by the grantee of the quality of its signal to the recipients thereof, or for damages caused by the deliberate or negligent act of a subscriber;

(3) Soliciting or referring, or causing or permitting the solicitation or referral of, any subscriber to persons engaged in any business prohibited by this chapter to be engaged in by the grantee; and

(4) Providing information concerning the viewing patterns of identifiable individual subscribers to any person, group, or organization for any purpose.

(f) If the Federal Communications Commission, or the Public Utilities Commission of the State, or any other Federal or State body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise granted pursuant to this chapter, then, to the extent such jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City, the jurisdiction of the City shall cease and no longer exist.

(g) When not otherwise prescribed in this chapter, all matters required by this chapter to be filed with the City shall be filed with the City Clerk.

(h) No person, firm, or corporation within the service area of the grantee, and where trunk lines are in place, shall be refused service; provided, however, the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charge.

(i) Before providing cable television service to any subscriber, the grantee shall provide a written notice to the subscriber substantially as follows: "Subscriber is hereby notified that in providing cable television service the grantee is making use of public rights-of-way within the City of Huntington Park and that the continued use of such rights-ofway is in no way guaranteed. In the event the continued use of such rights-of-way is denied to the grantee for any reason, the grantee will make every reasonable effort to provide service over alternate routes. By accepting cable television service, the subscriber agrees he or she will make no claim nor undertake any action against the City of Huntington Park, or its officers or employees, if the service to be provided hereunder is interrupted or discontinued."

(j) The form of the grantee's contract with the subscriber shall also be subject to the approval of the City.

(k) The grantee may be required, at the option of the City, to purchase from the City any cable television system purchased through a negotiated sale or taken through eminent domain by the City at a price equal to the City's total cost, including attorneys' and appraisers' fees and other costs of negotiation and/or litigation. The grantee shall be required to operate such system as a part of its system, without interruption of service, subject to the terms and conditions of the grantee's franchise and this chapter.

(l) It shall be unlawful for a landlord, manager, or owner of a multiple dwelling unit or condominium to prevent the authorized personnel of a grantee from entering premises to install, service, or disconnect cable television service during normal business hours when the occupant and/or owner of such unit has authorized the grantee to perform such services.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

In the carrying out of the construction, maintenance, and operation of the cable television system, the grantee shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin.

The grantee shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship.

The grantee shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

The grantee, in all solicitations or advertisements for employees placed by or on behalf of the grantee, shall state that all qualified applicants shall receive consideration for employment without regard to race, creed, color, sex, or national origin.

The grantee shall incorporate the requirements of this section in all of its contracts for work relative to the construction, maintenance, and operation of the cable television system, other than contracts for standard commercial supplies or raw materials, and shall require all of its contractors for such work to incorporate such requirements in all subcontracts for such work.

(§ 1, Ord. 266-NS, eff. October 22, 1980)

(a) On and after October 22, 1980, 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 cable television 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.

(b) It shall be unlawful and a misdemeanor for any person, firm, or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable television system within the City for the purpose of enabling himself or herself or others to receive or use any television signal, radio signal, picture, program, or sound without payment to the owner of such system.

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

(d) If a subscriber files in writing with the City 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 the receipt of written notice from the City to remedy the problem, the City may levy a penalty of up to $500 for any occurrence or series of related occurrences, unless the grantee has fewer than 5,000 subscribers, in which case the penalty shall not exceed $200. If the grantee objects to the penalty in writing to the City, the grantee and City shall conduct arbitration in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final.

The grantee shall provide written notice to each subscriber, at intervals of not more than one year, of the sanctions provided in this section and of the procedure for reporting and resolving subscriber complaints, including the subscriber's right to complain in writing to the City of the grantee's failure to resolve a service complaint which is preventable and reasonably within the grantee's control. The proper address of the City to which complaints may be directed shall be included in such notice.

(§ 1, Ord. 266-NS, eff. October 22, 1980)