Lakeport Municipal Code § 5.16.020 License required

A. No person, firm or corporation shall establish, operate or 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 license therefor has first been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect; also, no person, firm or corporation shall construct, install or maintain within any 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 or 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 license authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect.

B. Preexisting and operating CATV systems must apply for a license under this chapter within sixty days from the passage of the ordinance codified in this chapter.

C. Nonexclusive licenses to construct, operate and maintain CATV systems within all or any portion of the area of the city may be granted by the council to any persons, firms, or corporations whether operating under existing licenses or not, who or which offer to furnish and provide such systems under and pursuant to the terms and provisions of this chapter.

D. No provision of this chapter shall be deemed or construed as to require the granting of a license when in the opinion of the council it is in the public interest to restrict the number of licenses to one or more for a proposed service area or not to grant any licenses for a proposed service area. Neither the granting of any nonexclusive license hereunder, nor any of the provisions contained herein, shall be construed to prevent the city from granting any identical, or similar, nonexclusive license to any person, firm or corporation within all or any portion of the city.

(Ord. 465 Art. 6 §§ 1, Art. 1 2, 1971)

A. Any license granted pursuant to the provisions of this chapter shall authorize and permit the licensee 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 public street, where the city's interest therein will support the grant of license, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition 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 licensee permitted to do business in the city.

B. The granting of a license pursuant to this chapter shall not be construed as permission or license to enter on, occupy or otherwise utilize private property without the expressed consent of the owner or agent in possession thereof.

(Ord. 465 Art. 1 § 3, 1971)

A. An application for a license under this chapter shall be in writing and accompanied by a payment to the city of two hundred fifty dollars to reimburse it for expenses incurred in connection with processing the application and shall contain the following information:

1. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main office, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

2. 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.

3. A description, in detail, of the public streets, public places and proposed public streets 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.

4. A statement or schedule in a form approved by the city of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the licensee and its subscribers shall accompany the application.

a. The licensee shall provide service to all subscribers within the boundaries of the city as such boundaries are now, or as changed by annexation hereafter. The licensee shall provide a free initial service installation or hookup for all residential users, if the same is applied for during the period of construction of the portion of the system serving such applicant, or within sixty days of the time of the initial turnon of such portion of the system.

b. Except as limited in this section, the initial service connection shall be made upon payment of such charge therefor, as shall be approved by the city council upon its approval of rates and charges to be made by licensee, and each additional outlet shall be provided upon application at such rate as shall be so approved.

5. 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;

6. 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 license or the proposed CATV operation. If a license 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 license shall be deemed void and of no force and effect whatsoever;

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

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

B. The city council may, by advertisement or any other means, solicit and call for offers and applications for CATV licenses, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determination and specify any other times, terms, conditions or limitations respecting the soliciting, calling for, making and receiving of such offers and applications, in addition to the information required pursuant to this section, provided that the city council shall not be required to solicit or call for such offers or applications and may receive or refuse to receive any of the same, solicited, called for, or otherwise, as the city council may elect.

(Ord. 465 Art. 5 § 1, 1971)

Upon consideration of any such application, the city council may refuse to grant the requested license, or the city council may by resolution grant a license for a CATV system to any such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the proposed service area. The city council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the license as granted.

(Ord. 465 Art. 5 § 2, 1971)

A. Any license granted pursuant to this chapter shall include the following conditions:

The CATV system herein licensed shall be used and operated solely and exclusively for the purpose expressly authorized by this chapter and no other purpose whatsoever.

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

(Ord. 465 Art. 5 § 3, 1971)

Upon the expiration of any license granted under this chapter, the licensee may apply to renew its said license in the same manner as herein provided for initial application and the city may solicit and call for offers or applications by others than the licensee; provided, however, that the city council may at its option waive compliance with any or all of the requirements of Section 5.16.040 of this chapter for the application of the original license hereunder.

(Ord. 465 Art. 5 § 4, 1971)

No license granted pursuant to the provisions of this chapter shall become effective unless and until the resolution granting same has become effective, and, in addition, unless and until all things required in this section and Sections 5.16.130 and 5.16.140 of this chapter are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any such license granted hereunder. In the event any of such things are not done and completed in the time and manner required, the city council may declare the license null and void.

(Ord. 465 Art. 5 § 5, 1971)

Within thirty days after the date of the resolution awarding a license, or within such extended period of time as the city council in its discretion may authorize, the licensee shall file with the city clerk of the city his written acceptance, in form satisfactory to the city attorney, of the license, together with the bond and insurance policies, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this chapter and the license. Such acceptance and agreement shall be acknowledgment by the licensee before a notary public and shall, in form and content, be satisfactory to and approved by the city attorney.

(Ord. 465 Art. 5 § 6, 1971)

A. No license granted by the city council shall be for a term longer than fifteen years following the date of acceptance of such license by the licensee, or renewal thereof.

B. Any material neglect, failure or refusal to comply with any of the terms or conditions of this chapter or any license granted pursuant thereto which are in licensee's reasonable power to control, including mutually agreed to changes or additions thereto, during the term of a license by licensee, may be grounds for forfeiture of the license granted by this chapter; provided, however, that the city council shall give licensee at least twenty days' written notice of its intention to hold a hearing regarding such neglect, failure or refusal. The aforementioned notice shall specifically state the precise neglect, failure or refusal which is to be the subject of the hearing, and licensee shall be given the opportunity to appear at the hearing and present its position regarding the subject matter of the hearing.

C. The city council may, in its discretion, upon the evidence presented at the hearing, establish a reasonable time within which any deficiencies must be remedied, if any are deemed by the city council to exist. If the deficiencies are not remedied within the time specified by the city council, the city council may grant extensions, or, may thereupon declare the license forfeited. In the event of forfeiture, the licensee shall remove its equipment from the streets within the city within six months after receipt of notice of the council's declaration that the license has been forfeited. Notice may be given and will be deemed received for the purpose of this section, when deposited in the mail, addressed to the licensee at its address contained in the files of the city council.

(Ord. 465 Art. 1 § 5, 1971)

The licensee of any license granted under this chapter shall pay to the city, during the life of such license, a fixed percentage of the gross annual receipts of the licensee as provided in the licensee's license. The license may provide that at the end of one-half the term of the license, the percentage payable to the city may be renegotiated; provided, however, the percentage shall not exceed any maximum percentage which may be set by law. Such payment by the licensee to the city shall be made annually, or as otherwise provided in the licensee's license, by delivery of the same to the city clerk, or such other official as the city council may designate.

(Ord. 465 Art. 1 S6, 1971)

A licensee shall not sell, transfer, lease, dispose of, or assign its license or any rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation, or otherwise, or by operation of law without the prior written consent of the city council.

(Ord. 465 Art. 2 S2, 1971)

A. The licensee shall, concurrently with the filing of an acceptance of award of any license granted under this chapter, file with the city clerk of the city, and at all times thereafter maintain in full force and effect for the term of such license or any renewal thereof, at licensee's sole expense, a corporate surety bond in a company, and in a form approved by the city attorney, in the amount of five thousand dollars, renewable annually and conditioned upon the faithful performance of licensee, and upon the further condition that in the event licensee shall fail to comply with any one or more of the provisions of this chapter, or of any license issued to the licensee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond, any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the licensee 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 bonds; said condition to be a continuing obligation for the duration of such license and any renewal thereof, and thereafter until the licensee has liquidated all of its obligations with the city that may have arisen from the acceptance of said license or renewal by the licensee, or from its exercise of any privilege therein granted. The bond shall provide that thirty days' prior written notice of intention not to renew, cancellation or material change be given to the city.

B. Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance of the licensee or limit the liability of the licensee under any license issued hereunder or for damages, whether to the full amount of the bond or otherwise.

(Ord. 465 Art. 4 § 1, 1971)

A. The licensee shall, concurrently with the filing of an acceptance of award of any license granted under this chapter, furnish to the city, and file with the city clerk, and at all times during the existence of any license granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of five hundred thousand dollars, in a company approved by and in a form satisfactory to the city attorney, indemnifying and saving harmless the city, its officers and employees from and against any and all claims, demands, actions, suits, and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of, or arising out of, any failure by the licensee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the licensee's CATV system and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its license, irrespective of the amount of the comprehensive liability insurance policy required hereunder. This insurance provision may be satisfied by proper endorsement to the comprehensive liability insurance policy required by subsection B of this section.

B. Comprehensive Liability Insurance. The licensee shall, concurrently with the filing of an acceptance of award of any license granted under this chapter, furnish to the city, and file with the city clerk, and at all times during the existence of any license granted under this chapter, maintain in full force and effect at its own cost and expense, a general comprehensive liability insurance policy, in protection of the city, its officers, boards, commissions, agents and employees, in a company approved by and in the form satisfactory to the city attorney, protecting the city and all persons against liability for loss or damage for personal injury, death, property damage, and inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the city approved plans for the installation of license property or after the installation of license property, occasioned by the operations of license under such license, with minimum liability limits of three hundred thousand dollars for personal injury or death of two or more persons in any one occurrence, and fifty thousand dollars for damage to property resulting from any one occurrence.

C. Additional Insured, Cancellation and Nonconditional. The policies or certificates of insurance representing such policies, mentioned in the foregoing subsection, shall name the city, 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 ten days in advance of the effective date thereof; if such instance is provided by a policy which also covers licensee or any other entity or person other than those named above, then such policy shall contain the standard cross-liability endorsement. The promise and agreement in this section is not conditioned or dependent on whether or not the city has approved any plan(s) or specification(s) in connection with this license, or has insurance or other indemnification covering any of these matters.

D. By accepting a license, the licensee agrees to save and hold harmless, as set forth in this section, the city, its officers, boards, commissions, agents and employees from any and all claims, costs, demands, causes of action, suits, loss, expenses, or other detriment or liability arising from or out of the operations of the licensee from any cause whatsoever, including inverse condemnation and in addition to, and not in lieu of, the surety bond and liability insurance.

(Ord. 465 Art. 4 § 2, 1971)

A. At all reasonable times, the licensee shall permit any duly authorized representative of the city to examine all property of the licensee, together with any appurtenant property of the licensee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the licensee or under its control which deal with the operations, affairs, transactions or property of the licensee with respect to its license. If any such maps or records are not kept in the city, or upon reasonable request made available in the city, and if the city council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the licensee.

B. The licensee shall prepare and furnish to the director of public works and the city attorney, 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 license.

C. The licensee 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 licensee shall file with the director of public works, upon his demand, on or before the last day of 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 in the city.

E. 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 director of public works.

(Ord. 465 Art. 4 § 3, 1971)

A. The licensee shall file with the city within sixty days after the expiration of any fiscal year or portion thereof during which such license is in force, a financial statement prepared by a certified public accountant or public accountant showing in detail the gross annual receipts, as defined in this chapter, of licensee during the preceding calendar year or portion thereof.

B. If shall be the duty of the licensee to pay to the city within fifteen days after the time for filing such statements, the sum prescribed in this chapter or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

C. The city shall have the right to inspect the licensee's records showing the gross receipts from which its license payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter.

D. No acceptance of any payments 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 performance or any other obligation hereunder.

E. In the event that such audit conducted by the city shall show any substantial error or misstatement of facts which entitle the city to additional payments, then licensee shall reimburse the city for its total costs incurred in conducting such audit.

(Ord. 465 Art. 1 § 7, 1971)

No privilege or exemption is granted or conferred by any license granted under this chapter except those specifically prescribed in this chapter. Any privilege claimed under a license granted pursuant to this chapter in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent occupancy of the street for public purpose.

(Ord. 465 Art. 2 § 1, 1971)

Any license granted pursuant to this chapter is subject to all provisions, regulations and conditions prescribed by federal, state, county and local law heretofore and hereafter enacted or established during the term of any license granted, and shall be in addition to any electrical or encroachment permit required by this code. Any such license granted shall not relieve the licensee of any obligation involved in obtaining pole space from any department of the county, city or utility company, or from others maintaining poles in streets.

(Ord. 465 Art. 2 S3, 1971)

The license 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 license issued hereunder, or because of its enforcement or for the termination or forfeiture of any license as provided in this chapter.

(Ord. 465 Art. 2 § 4, 1971)

Nothing in this chapter shall in any way or to any extent, impair or affect the right of the city to acquire licensee's property either by purchase or through exercise of the right of eminent domain, and nothing herein shall be construed to contract away or to modify or abridge the city's right of eminent domain in respect to any licensee.

(Ord. 465 Art. 2 § 5, 1971)

During the term of any license granted, the city may require licensee to make reasonable improvements in its construction, operation and maintenance, and if said improvements are not diligently made, the matter may be grounds for forfeiture.

(Ord. 465 Art. 2 § 6, 1971)

The city council may do all things 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 license granted under this chapter. The city council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any licensee or from any provisions of this chapter.

(Ord. 465 Art. 2 § 7, 1971)