Larkspur Municipal Code Ch. 5.44 Community Antenna Television System FRANCHISES1

Sections:

5.44.020 Definitions. 5.44.030 Uses Permitted by Grantee. 5.44.040 Duration of Franchise. 5.44.050 Franchise Payment. 5.44.060 Limitations of Franchise. 5.44.070 Rights Reserved to the City. 5.44.080 Permits, Installation and Service. 5.44.090 Location of Grantee’s Properties. 5.44.100 Removal or Abandonment of Property of Grantee. 5.44.110 Change Required by Public Improvements. 5.44.120 Failure to Perform Street Work. 5.44.130 CATV Installation Shielding. 5.44.140 Faithful Performance Bond. 5.44.150 Indemnification of the City. 5.44.160 Inspection of Property and Records. 5.44.170 Operational Standards. 5.44.180 Miscellaneous Provisions. 5.44.190 Agreement for Uses of Utility Poles and Facilities. 5.44.200 Application for Franchise. 5.44.210 Franchise Renewal. 5.44.220 Franchise Review. 5.44.230 Termination. 5.44.240 Acceptance and Effective Date of Franchise. 5.44.250 Exceptions by City Council. 5.44.260 Prohibitions and Violations. 5.44.270 Complaints. 5.44.280 Employment Requirements. 5.44.290 Foreclosure.

1 Prior ordinance history: Ord. 306. Ordinance No. 731 provides that the City of Larkspur has entered into an agreement with Viacom Cablevision dated February 5, 1986, authorizing Viacom Cablevision to provide community antenna television services within the City. All provisions of the Larkspur Municipal Code inconsistent or in conflict with said agreement are hereby replaced.

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

No provision of this chapter shall be deemed or construed so as to require the granting of a franchise when, in the opinion of the Council, it is in the public interest to restrict the number of grantees to one or more. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

For the purposes of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section:

“CATV” means a community antenna television system as hereinafter defined.

“City” means the City of Larkspur.

“Community antenna television system” means a system of antenna, coaxial cables, wires, wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated. (To the extent that the Federal Communications Commission has preempted the same, CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as “pay television.”)

“Franchise” means and includes any authorization granted under this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the City. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City in accordance with the business license ordinances of the City.

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

“Gross subscriber receipts” is the basis for computing the franchise fee and is meant to include gross revenues from all cable services, including revenues derived from the supplying of regular subscriber service, installation, disconnect, reconnect and relocation charges, as well as revenues derived from per-program or per-channel charges, leased channel revenues, advertising revenues, and any other income derived from the system.

“Property of grantee” means all property owned, installed or used by a grantee in the City under the authority of a franchise granted pursuant to this chapter.

“Street” means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or drive, now or hereafter existing as such within the City.

“Subscriber” means any person or entity receiving or entitled to receive the CATV service of a grantee. (Ord. 1030 § 2(4), 2018; Ord. 590 § 1, 1978; Ord. 549 § 1 (part), 1976)

Any nonexclusive franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City, and for that purpose, to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street such poles, wires, cable conductors, ducts, conduit, vaults, maintenance holes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; except as otherwise may be required by the provisions of this chapter with specific reference to Larkspur Municipal Code Section 5.44.090 and, in addition, so to use, operate and provide similar facilities or properties, rented or leased from persons, firms or corporations including, but not limited to, any public utility or other grantee franchised or permitted to do business in the City.

The grantee may make a charge to subscribers for installation and connection to its CATV system and a fixed monthly charge as filed and approved as provided in Larkspur Municipal Code Section 5.44.200, to the end that the franchisee shall be allowed a reasonable profit.

No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with the grantee’s application, may be made without the prior approval of the Council expressed by resolution. At the time of the franchise review provided for in Larkspur Municipal Code Section 5.44.220, the Council shall have the right to require the reduction of the monthly subscription charge to subscribers when, after a rate analysis study is made of operations within the City, it appears that such reduction is justified. Such rate analysis study shall be performed by an independent qualified person or firm designated by the City and paid for by the franchisee.

No permission or license is given to enter private property without the express consent of the owner or the agent in possession thereof.

The franchisee shall carry on its operations in a good, ethical, and businesslike manner at all times. (Ord. 1094 § 3, 2026; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

No franchise granted by the City Council under this chapter shall be for a term longer than fifteen (15) years following the date of acceptance of such franchise by the grantee or the renewal thereof. Any such franchise granted under this chapter may be terminated prior to its date of expiration by the City Council in the event that said Council has found, after notice of the proposed termination and public hearing, as follows:

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

B. Any provision of this chapter has become invalid or unenforceable, and the Council further finds that such provision constituted a consideration material to the grant of said franchise; provided, however, that the grantee shall be given at least thirty (30) days’ notice of any proposed termination proceedings, by mail to the last known address of the grantee; or

C. The City acquires the CATV system property of the grantee; or

D. The grantee has failed to provide adequate service under the terms of this chapter or any condition of the franchise. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

Any grantee granted a franchise under this chapter shall pay to the City, during the life of such franchise, and at times hereinafter specified in this chapter, a sum equal to three (3) percent of the monthly total gross subscriber receipts of the grantee, or such other sum as the City Council may establish from time to time. Such payment by the grantee to the City shall be in lieu of any occupation tax, license tax, or similar levy but shall not excuse the grantee from obtaining said business license or other permit required by law. Such payment by the grantee to the City shall be made monthly, or as otherwise provided in the grantee’s franchise, by delivery of the same to the City Clerk.

The grantee shall file with the City, within thirty (30) days after the expiration of each calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant showing in detail the total gross subscriber receipts of the grantee, its successors or assigns during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the City, within fifteen (15) days after the time for filing such statement, any unpaid balance for the calendar year covered by such statement. In any month or portion thereof commencing with the beginning of the first year following the effective date of said franchise during which payments under this section amount to less than one hundred dollars ($100.00) per month, the grantee shall pay the City as a minimum an amount equal to one hundred dollars ($100.00) per month.

The City shall have the right to inspect the grantee’s books, records, and accounts showing the gross subscriber receipts from which its franchise payments are computed, and the right of audit and recomputation of any and all amounts paid under this chapter. 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.

In the event of any holding over after expiration or other termination of any franchise granted under this chapter without the consent of the City, the grantee shall pay to the City reasonable damages as may be provided by law, the same to be in addition to any other legal remedies the City may have. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

The following limitations shall apply to any franchise granted within the City:

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

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

C. Any privilege claimed under such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property and shall be in conformance with Government Code Section 53066 and other applicable provisions of law.

D. Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned, or disposed of, in whole or in part, either by forced or involuntary sale, 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, a duly executed copy of which shall be filed in the office of the City Clerk within thirty (30) days after any such transfer or assignment. The proposed assignee must show financial responsibility and must agree to comply with the provisions of this chapter and all conditions and requirements of the franchise being transferred; provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole to secure an indebtedness. The Council may impose a fee of two thousand dollars ($2,000.00) to cover all expenses of the City incurred in investigating the financial status and ability of the proposed transferee. It is the intention of the Council to prevent the peddling of any franchise issued pursuant to this chapter after the award thereof. No consent to the transfer of said franchise shall be granted by the Council unless it is shown to the satisfaction of the Council that the grantee has in good faith proceeded to install the CATV system and that only unusual or extraordinary circumstances prevent said grantee from operating the system, or that other satisfactory reason exists for such transfer. Where a grantee of a franchise seeks consent of the Council to a transfer of said franchise prior to the installation of a substantial portion of the system, the Council may, at its discretion, refuse to consent to such transfer and it may award a new franchise in the same manner as the original franchise was issued. The consents provided for herein shall not be unreasonably withheld.

E. Time shall be of the essence of any such franchise granted under this chapter. The grantee shall not be relieved of their 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 or relating to any provision or requirement of this chapter or of any franchise issued under this chapter because of its enforcement.

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

I. As between grantee and the City, any and all construction, operation and maintenance by any CATV franchisee in the City shall be deemed and construed to be under and pursuant to said franchise and not under or pursuant to any other right, privilege, power, immunity or authority of the City. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

The following rights are specifically reserved to the City and are not deemed to be waived by any franchise issued under this chapter:

A. 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, either by purchase or 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 herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity the City’s right of eminent domain.

B. Neither the granting of any franchise under this chapter nor any provision contained herein shall be construed to prevent the City from granting any identical or similar franchise to any other person, firm or corporation within all or any portion of the City.

C. Neither the granting of any franchise or any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City heretofore or hereafter enacted or established.

D. 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 under this chapter. The City Manager is authorized and empowered to adjust, settle or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the City, the grantee, or any subscriber. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the Council for hearing and determination. The Council may accept, reject or modify the decision of the City Manager and the Council may adjust, settle or compromise any controversy arising from the operation of any grantee or from any provision of this chapter.

E. There is reserved to the City the power to amend any part of this chapter so as to require additional or greater standards of construction, operation or maintenance to conform to then current standards, and the grantee shall thereupon comply with such amendment as the Council shall direct.

F. In connection with the issuance of any franchise under this chapter, the City Council may impose such reasonable restrictions, conditions and limitations as to the area or areas of the City to be served by said franchise holder, operating conditions and cooperative working arrangements relative to local television broadcasting stations serving the City with the best possible television reception. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. Within sixty (60) days after acceptance of any franchise, the grantee shall have completed all applications to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems or their associated microwave transmission facilities.

B. The grantee shall, within three (3) months after the effective date of the franchise agreement, prepare and submit to the City Council for approval plans and specifications for the installation of the system.

C. The grantee shall complete the installation of all trunk and distribution lines within a period of one year following approval by the City Council of the plans and specifications.

D. The grantee shall connect lateral lines to homes desiring service as it proceeds with construction. Said service shall be furnished within thirty (30) days following availability of such service.

E. Within ninety (90) days after obtaining all necessary permits, licenses and authorizations, the grantee shall commence construction and installation of the CATV system.

F. Within ninety (90) days after the commencement of construction and installation of the system, the grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise shall be provided within one year from the date that service was first provided.

G. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth in this section shall be grounds for termination of such franchise; provided, however, that the Council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond their control.

H. For systems already constructed, the grantee must have accomplished significant construction and have equitably extended energized trunk cable to substantially serve all of the franchise area. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the City Engineer acting in the exercise of their reasonable discretion. The Council may, in its discretion, require that all community antenna television lines and amplifiers be placed beneath the surface of the ground, provided the cost thereof is reflected in subscriber rates to the end that the grantee shall not be deprived of its right to a reasonable profit.

B. The grantee shall not, without first obtaining the written approval of the City Manager, install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, except those installed or erected upon public utility facilities now existing.

C. In those areas and portions of the City where the transmission or distribution facilities of the public utilities providing telephone and electric service are underground or hereafter may be placed underground, the grantee shall immediately construct or reconstruct, operate, relocate and maintain all of its transmission and distribution facilities underground, except that for new structures, the builder or developer will provide and install at their sole cost and expense, to the grantee’s current specifications, trenches for underground distribution, service laterals, service drop trenches to the buildings’ points of entry, and backfill and restoration of trench area; conduit, vaults and pedestals, and internal wiring. Grantee’s amplifiers and essential connections thereto may be in appropriate housing above the surface of the ground as approved by the City Engineer. The City shall not in any manner be responsible for any costs incurred by the grantee in placing this property underground.

To ensure that cable television service is available under these provisions, the builder or developer will provide the City with plans for inclusion of cable television service with their plans for utilities including telephone, electrical and gas service prior to obtaining a City building permit. The builder or developer will also include proof that a contractual agreement exists between the builder or developer and the grantee, which is consistent with the provisions of this chapter.

Provided the contractor or developer has fulfilled their contractual commitments to the grantee, the grantee shall make cable television service available to such new structure or structures when ready for occupancy, unless otherwise extended by the City Manager. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of six (6) months, or in the event such system or property or any part thereof has been installed without complying with the requirements of its franchise, or the franchise has been terminated, cancelled or has expired, the grantee, upon being given notice, shall promptly commence and diligently pursue to conclusion within not more than six (6) months the removal of all such property and poles of such system other than any which the City Manager may permit to be abandoned in such place. In the event of any such removal, the grantee shall promptly restore the area from which such property has been removed to a condition satisfactory to the City Engineer.

B. Any property of the grantee remaining in place after the time provided in subsection (A) of this section shall be deemed permanently abandoned at the option of the City Manager.

C. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the City Manager prescribes. Upon permanent abandonment of the property of the grantee in place and upon acceptance thereof by the City, the property shall become that of the City, and the grantee shall submit to the City Manager an instrument in writing, to be approved by the City Attorney, transferring ownership of such property to the City. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place any property of the grantee when required by the City Manager by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power or signal lines, and tracks or any other type of structures or improvements by public agencies when acting in a governmental or proprietary capacity, or any other structures or public improvements; provided, however, the grantee shall in all such cases have the privileges and be subject to the obligation to abandon any property of the grantee in place, as provided in Larkspur Municipal Code Section 5.44.100. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

Upon failure of the grantee to commence, diligently pursue, or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the City Manager, the City Manager may, after written notice, at their option, cause such work to be done and the grantee shall forthwith pay to the City the cost thereof in the itemized amounts reported by the City Manager to the grantee within thirty (30) days after receipt of such itemized report. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

The grantee shall at all times during the term of any franchise granted under this chapter, at its own cost and expense, properly and in good and workmanlike manner, install and maintain adequate shielding, filtering and grounding at affected installations within the CATV system to eliminate television interference encountered from fundamental frequency overload by radio amateur transmissions which are in compliance with Federal Communications Commission regulations. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this chapter, file with the City Clerk and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee’s sole expense, a corporate surety bond in an amount to be determined by the City Council, with and in a form approved by the City Attorney, renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event the grantee fails to comply with any one or more of the provisions of this chapter or of any franchise issued to the grantee under this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed by this chapter which may be in default, plus a reasonable allowance for attorney’s fees and costs, said condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of said franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty (30) 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 to this section, nor any damages recovered by the City thereunder shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued under this chapter or for damages, either to the full amount of the bond or otherwise. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the City and file with the City Clerk and at all times during the existence of any franchise 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 and a form satisfactory to the City Attorney protecting the City and all persons against liability for loss or damage for personal injury, death, defamation, and property damage occasioned by the operations of the grantee under such franchise, with minimum liability limits of five hundred thousand dollars ($500,000.00) for personal injury, death, or defamation of any one person, and one million five hundred thousand dollars ($1,500,000.00) for personal injury, death, or defamation of two (2) or more persons in any one occurrence, and fifty thousand dollars ($50,000.00) for damage to property resulting from any one occurrence.

B. The policies mentioned in subsection (A) of this section shall name the City, its officers, boards, commissions, agents and employees as additional insureds and shall contain a provision that a written notice of cancellation, termination, or reduction in coverage of said policy shall be delivered to the City at least thirty (30) days in advance of the effective date thereof; if such insurance is provided by a policy which also covers the grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.

C. No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of insurance as required in this section has been delivered to the City, but failure to deliver the same shall not relieve the grantee from any duty or obligation under this chapter. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

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 not made available in the City, and if the Council determines 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 City Manager and the City Clerk at the time 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 available to 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. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

The CATV system shall be installed and maintained in accordance with the highest and best applicable accepted standards of the industry and the Federal Communications Commission to the effect that subscribers shall at all times receive the highest possible service.

In the event unresolved complaints or other evidence under such circumstances as the City has reasonable grounds to believe that tests should be performed concerning the standard or quality of the services rendered, the City may engage the services of a qualified consultant at the expense of the grantee. The report of the consultant shall be binding upon the City, the subscriber and the grantee. The grantee shall promptly comply with all recommendations of the consultant. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

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

B. The grantee shall pay to the City a sum of money sufficient to reimburse the City for all publication and reasonable administrative expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made to the City Clerk within thirty (30) days after the City furnishes the grantee with a written statement of such expenses.

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

D. The franchise holder shall not engage in the business of selling television or other receivers which make use of signals transmitted by the franchised system, nor shall the franchise holder engage in the repair of such receivers or sale of parts for the same.

E. If the grantee fails to operate its system for a period of two (2) years from the date such service begins, the subscribers who have paid installation charges shall be entitled to a refund of the installation charges less one- twenty-fourth of each charge for each month elapsing from the time service was first started to that subscriber and during which time service was available to them.

F. In the event the Public Utilities Commission of the State of California or the Federal Communications Commission asserts sole jurisdiction over the operations and rates of the grantee, then the authority of the City to approve rates and charges shall cease.

G. Any modification of the provisions of Section 76.31 of the Rules and Regulations of the Federal Communications Commission resulting from legally binding amendments by the Federal Communications Commission shall be incorporated into the franchise within one year or sooner of adoption or at the time of franchise renewal, whichever occurs first. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the City Manager. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. Application for a franchise under this chapter shall be in writing, shall be filed with the City Clerk, 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 officers, 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 the applicant proposes to construct, install, maintain and operate the same; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system, and/or whether such lines and amplifiers shall be placed underground;

3. A description, in detail, of the public streets, public places and proposed public streets within which the 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 locations thereof;

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

5. A statement or schedule in a form approved by the City Manager of proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than one hundred fifty (150) feet of distance from existing subscriber tap to structure point of entry, an additional installation charge over that normally charged for installation as specified in the applicant’s proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the City, service may be made available on the basis of cost of materials, labor and easements if required by the grantee;

6. 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;

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

   8. A current financial statement or statements prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing applicant’s financial status and their financial ability to complete the construction and installation of the proposed CATV system;

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

B. Upon consideration of any such application, the City Council may grant a franchise for CATV to such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the City. The City Council’s decision in the selection will be final. It is the intention of this chapter that the franchise shall not be granted upon a cash auction bid, but that the Council shall consider those factors set forth in Government Code Section 53066 in granting the franchise, including, but not limited to, the following:

1. Quality of service offered;

2. Rates to the subscriber;

3. Experience of the applicant in the CATV field;

4. Financial responsibility and capability of the applicant;

5. Applicant’s proposal for providing service to local schools, colleges and city installations;

6. Whether applicant has a contract with a public utility providing for use of facilities of such public utility in
the City, such as poles, lines and conduits;

7. Whether the system will be undergrounded;

8. Such other factors as the Council considers necessary in protecting the public interest.

C. Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may by resolution grant a franchise 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 the television viewers and subscribers in the City. The City Council’s decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted. The City Council may make such conditions as may be found to be in the best interests of the City.

D. Any franchise granted pursuant to this chapter shall be subject to the condition that the CATV system thus franchised shall be used and operated solely and exclusively for the purposes expressly authorized by this code and no other purpose whatsoever except as may be allowed by law. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required by this chapter for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the Council may at its option waive compliance with any or all of the requirements of Larkspur Municipal Code Section 5.44.200.

A franchise may be renewed under the following procedure:

A. Twelve (12) months before expiration of the franchise, a citizens’ evaluation and advisory committee, whose membership shall consist of members from the community and from City administrative staff, shall be appointed by the City Council to review the performance of the grantee and the content of this code relating to CATV.

B. The committee shall conduct one or more public meetings, after appropriate notice, to determine whether the grantee has satisfactorily performed their obligations under the franchise.

C. A four-month period shall be provided to determine the grantee’s eligibility for renewal.

D. The committee shall then prepare within two (2) months any proposed amendments to this code dealing with CATV that it believes necessary.

E. The committee shall submit to the City Council recommendations with regard to:

1. Renewal of the franchise;

2. Changes to the franchise;

3. Amendments to this code.

F. If the City Council finds the grantee’s performance satisfactory, a new or renewed franchise may be granted at the option of the City Council with such changes as the City Council may find appropriate. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. Scheduled Review Hearings. The City and the franchisee shall hold scheduled review hearings within thirty (30) days of the fifth anniversary date of the franchisee’s obtaining certification for the system from the Federal Communications Commission. All such review hearings shall be open to the public and public notice of these hearings shall be posted in accordance with Larkspur Municipal Code Chapter 1.08, at least five (5) days prior to such hearing.

B. Special Review Hearings. Special review hearings may be held at any time set by the Council during the term of the franchise. All such hearings shall be open to the public and public notice of the hearings shall be posted in accordance with Larkspur Municipal Code Chapter 1.08, at least five (5) days prior to such hearing.

C. Topics to be Considered. The following topics shall be discussed at every scheduled review hearing: service/rate structure, free or discounted services, application of new technologies, system performances, services provided, programming offered, customer complaints, privacy in human rights, amendments to this chapter, undergrounding progress, and judicial and Federal Communications Commission rulings. Changes in rate should consider:

1. The cost to provide service to subscribers within the City;

2. Comparable rates;

3. The type of service provided.

Topics, in addition to those listed, may be added if deemed appropriate by the City Council. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. The City Manager may make a written demand that the grantee comply with any requirement, limitation, term, condition, rule or regulation contained in this chapter or in the franchise agreement. If the failure, refusal or neglect of the grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the City Manager may place their request for termination of the franchise upon the next regular City Council meeting agenda. The City Manager shall cause to be served upon such grantee at least ten (10) days prior to the date of such City Council hearing a written notice of their intent to request such termination and the time and place of the hearing, notice of which shall be posted in accordance with Larkspur Municipal Code Chapter 1.08, at least ten (10) days prior to such hearing.

B. The City Council shall consider the request of the City Manager and shall hear any person interested therein, and shall determine the matter and, in its discretion, may by resolution declare that the franchise of such grantee shall be terminated and forfeited unless there is compliance by the grantee within such reasonable period as the City Council may fix.

C. Termination and forfeiture of any franchise shall in no way affect the rights of the City under the franchise or any provision of law.

D. In the period between expiration or termination of the franchise and the transfer of the cable system to any successor, and provided the City Council so concurs, the grantee may continue to provide service to the public as if its franchise were still in effect but in the capacity of a trustee for its successor in interest and subject to an accounting for net earnings or losses during this interim period.

E. The grantee shall be required to provide continuous service to all subscribers in return for payment of the established fee. If the grantee overbuilds, rebuilds, modifies or sells the system, or the City revokes or fails to renew this franchise, the grantee is required to continue to operate the system until an orderly change of operation is effectuated, unless relieved from doing so by the City Council. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until all matters required in this section and Larkspur Municipal Code Sections 5.44.140 and 5.44.150 are completed, all of such matters being declared to be conditions precedent to the effectiveness of any such franchise granted under this chapter. In the event any such matters are not completed in the time and manner required, the City Council may declare the franchise null and void.

B. Within thirty (30) days after the effective date of the agreement granting a franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall file with the City Manager its written acceptance of the franchise, together with the bond and insurance policies required by Larkspur Municipal Code

Sections 5.44.140 and 5.44.150, and its agreement to be bound by and to comply with and do all things required of it by the provisions of this chapter and the franchise agreement. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall be in a form and content satisfactory to and approved by the City Attorney. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

If the City Council finds that any of the terms and provisions of this chapter cannot be complied with, the City Council reserves the right to modify or grant an exception from the terms of said provision. The decision of the Council with respect to said modification or exception shall be final and conclusive. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. From and after the effective date of this chapter, no person shall establish, operate or carry on the distribution to any persons in the City of any television signals or radio signals by means of a CATV system unless a franchise therefor has first been granted pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

B. From and after the effective date of this chapter, no person shall construct, install or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

C. No person shall make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within the City for the purpose of enabling themselves or others to take or receive television signals, radio signals, pictures, programs, or sound without payment to the owner of said system.

D. No person shall without the consent of the owner tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

E. After notice and hearing, the City Council may reduce any or all of the subscriber rates of affected subscribers if the grantee fails to provide adequate service as required by the franchise, this code or Federal Communications Commission regulations. The grantee is not responsible for failure to provide adequate service which is caused by acts of God, strikes, governmental or military action, or similar conditions beyond its control.

F. In the event that the grantee’s service to any subscriber is interrupted for twenty-four (24) consecutive hours, except for acts of God, strikes, governmental or military action, or similar conditions beyond its control, and except in circumstances for which the prior approval of the interruption is obtained from the City Council, the grantee shall provide a ten (10) percent rebate of that month’s fees to affected subscribers.

G. In the event that the grantee’s service to any subscriber is interrupted for forty-eight (48) or more consecutive hours, except for acts of God, etc., and except in circumstances for which prior approval of the interruption is obtained from the City Council, the grantee shall provide a twenty (20) percent rebate of that month’s fees to affected subscribers.

H. In the event the system fails to meet any performance standards for a full three-month period, the grantee shall reduce all fees for affected subscribers by twenty-five (25) percent until all performance standards are met. The Council shall notify the grantee during the first month of the three-month period that the system has failed to meet performance standards and of the service addresses affected.

I. For failure to commence operations in accordance with Larkspur Municipal Code Section 5.44.080, unless the City Council approves the delay because of reasons beyond the control of the grantee, the franchise term shall be reduced one year for each three (3) months of delay. The City Council shall notify the grantee during the first month of the three-month period that the system has failed to meet standards.

J. For failure to complete construction and installation of the system as provided for in Larkspur Municipal Code Section 5.44.080, unless the City Council approves the delay because of reasons beyond the control of the grantee, the franchise term shall be reduced one year for each three (3) months of delay. The City Council shall notify the grantee during the first month of the three-month period that the system has failed to meet standards. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

A. The City Manager shall be the official designated to review complaints, consistent with Larkspur Municipal Code Section 5.44.070(D).

B. The grantee shall provide toll-free telephone service for the City, have a publicly-listed telephone, and be so operated that complaints and requests for adjustments may be received on a twenty-four-hour basis.

C. The grantee shall maintain a repair and troubleshooting force capable of responding to subscriber complaints or requests for service within twenty-four (24) hours after receipt of the complaint or request. No direct charge shall be made to the subscriber for this service.

D. The grantee shall ensure that all subscribers, programmers and members of the general public have recourse to a satisfactory hearing of any complaint. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

The grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin or sex. The grantee shall strictly adhere to the equal employment opportunity requirements of the Federal Communications Commission, as expressed in Sections 76.13(A)(8) and 76.311 of Chapter 1 of Title 47 Code of Federal Regulations. The grantee shall comply at all times with all other applicable federal, state, City and county laws, and all executive and administrative orders relating to nondiscrimination. The grantee shall make a positive effort to hire racial minorities, women and other protected groups as subcontractors, if available and qualified. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

Upon the foreclosure or other judicial sale of all or a substantial part of the cable system, the grantee shall notify the City Council of such fact, and if a change in ownership has taken place as defined in Larkspur Municipal Code Section 5.44.060(D), the provision of that section shall apply. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)

It is the intent of the City Council to encourage the development of communication uses of cable television. To achieve this objective, the City may work with the grantees to define the communication needs and analyze the benefits which may be achieved in relationship to subscriber rates commensurate with the cost of providing these services. The City Council should assume responsibility relating to the communication uses of cable television in those areas where it may exert regulatory influence; and in those areas not specifically regulated by the Federal Communications Commission, it shall be the intent of the City to assume these powers. Further, the City should work with the grantee on an ongoing basis to ensure that federal regulations are applied within the City to the best advantage of its citizens. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)