Lassen County Municipal Code Art. 2 Cable Television

No person shall establish, construct, operate, or maintain within this county a cable system unless a franchise has been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

(Ord. 551 § 3, 2002)

The board of supervisors may grant one or more nonexclusive revocable franchises to establish, construct, operate and maintain cable systems within the county. A franchise shall be effective only upon execution of a franchise agreement between the county and a cable operator and compliance with all requirements of this chapter. The franchises shall be subject to the provisions of this chapter as they may be amended from time to time.

(Ord. 551 § 3, 2002)

A franchise shall be granted for ten years or such other period as may be specified in the franchise agreement.

(Ord. 551 § 3, 2002)

(a) All applicants for a new franchise, a franchise renewal or a franchise transfer shall submit a written application to the county. All applicants shall be expected to offer to subscribers a modern, efficient, cost-effective system that will facilitate quality maintenance, deliver a variety of programming and services, and provide the flexibility needed to adjust to changing technology and new developments in the industry. Proposals shall contain sufficient material to enable the board of supervisors to make fully informed judgments concerning the adequacy of the proposal and the applicant's qualifications to construct, operate and maintain a cable system in the county. All applicants shall, at a minimum, provide the following information unless inapplicable:

(1) The identity of the franchise applicant, including all affiliates of the applicant.

(2) A description of the cable services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.

(3) A description of the transmission medium that will be used by the cable operator to offer or provide such cable services.

(4) Preliminary engineering plans, specifications and a network map of the facilities to be located within the county, all in sufficient detail to identify:

(i) The location and route requested for applicant's proposed cable facilities.

(ii) The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.

(iii) The location(s), if any, for interconnection with the cable facilities of other cable carriers.

(iv) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

(5) If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its cable facilities on existing utility poles along the proposed route.

(6) If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:

(i) the excess capacity currently available in such ducts or conduits before installation of applicant's cable facilities;

(ii) the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's cable facilities.

(7) A preliminary construction schedule and completion dates.

(8) Financial statements prepared in accordance with generally accepted accounting principles by a certified public accountant or other accountant satisfactory to the county demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities. If in the normal course of its business, the applicant does not prepare a separate financial statement for the franchised system, the applicant may submit a combined financial statement for the local region, which statement shall include the franchised system.

(9) Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the cable facilities and services described in the application.

(10) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the cable services.

(11) A detailed description of all telecommunications services that the applicant intends to provide and sufficient information to determine whether such services are subject to franchising.

(12) An accurate map showing the location of any existing cable facilities in the county that applicant intends to use or lease.

(13) A description of the services or facilities that the applicant will offer or make available to the county and other public, educational and governmental institutions.

(14) A description of applicant's access and line extension policies.

(15) The area or areas of the county the applicant desires to serve and a schedule for build-out to the entire franchise area.

(16) The number of activated, programmed channels that the applicant intends to provide together with the programming that the applicant intends to provide.

(17) All fees, deposits or charges required by the county of Lassen.

(18) Such other and further information as may be requested by the county administrative officer.

(b) 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.

(Ord. 551 § 3, 2002)

An application fee for a new, renewal or transfer of franchise shall be required in the amount established from time to time by resolution duly adopted by the board of supervisors. The purpose of the application fee is to pay the cost of studying, investigating and otherwise processing the application, which shall be in consideration thereof and not returnable or refundable in whole or in part. Application fees are in addition to construction inspection and permit fees.

(Ord. 551 § 3, 2002)

Upon receipt of an application for a new franchise, the board of supervisors may, by resolution, approve or conditionally approve a franchise agreement with the applicant or deny the application. In making any determination hereunder as to any application, the board of supervisors shall give due consideration to: the quality of the service proposed; rates to subscribers; experience, character, background and financial responsibility of the applicant, its management and owners; system design; technical and performance quality of equipment; willingness and ability to meet construction requirements and to abide by franchise limitations and requirements; and other considerations deemed pertinent by the board of supervisors for safeguarding the interests of the county and the public.

(Ord. 551 § 3, 2002)

(a) During the six month period which begins with the thirty-sixth month before the franchise expiration, a proceeding to consider the renewal of a franchise shall be commenced either upon receipt of a written notice from the cable operator requesting such a proceeding, or upon the county's own initiative. If the county receives such a notice from the cable operator, it shall commence the proceeding within six months of receipt. This proceeding shall be for the purpose of, among other things, identifying the future cable-related community needs and interests, and reviewing the performance of the cable operator under the franchise during the then-current franchise term. The proceeding shall include, without limitation, a review of the foregoing matters by county staff and at least one noticed public meeting. The proceeding shall not be deemed complete until the review has been completed and the county has given the cable operator written notice of cable system and service features necessary to meet future cable-related community needs and interests, and of information that must be included in a proposal for a renewal, and of a deadline for submission of a renewal proposal.

(b) Upon completion of the proceeding described in subsection (a) above, the cable operator may submit a proposal for renewal. Any such proposal shall include the matters described in Section 5.30.230 above and subsection (a) above.

(c) Upon receipt of a renewal proposal pursuant to subsection (b) above, the county shall provide prompt public notice of the proposal. Within four months after receipt of the proposal, the county shall either:

(1) renew the franchise or renew the franchise subject to conditions by adoption of a board of supervisors' resolution approving a franchise agreement; or

(2) issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence administrative proceeding concerning the renewal.

(d) Any administrative proceeding pursuant to subsection (c)(2) shall consider whether:

(1) the cable operator has substantially complied with the material terms of the existing franchise and with applicable law;

(2) the quality of the operator's service, including but not limited to signal quality, response to consumer complaints, and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs;

(3) the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and

(4) the operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.

(e) The cable operator shall be given at least fourteen days advance written notice of the administrative proceeding. The cable operator shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence and to question witnesses. A transcript shall be made of the proceeding. At the completion of the proceeding, the county shall issue a written decision, with the reasons therefor, granting, conditionally granting or denying the proposal for renewal based upon the record of the proceeding. The county shall transmit a copy of the decision to the cable operator. Any denial of a proposal for renewal made in compliance with subsection (b) above shall be based on one or more adverse finding made with respect to the factors described in this subsection. A denial may not be based on any violation of the franchise or any events described in subsection (d)(2) above which occurred after 1984 unless the county provided the cable operator with notice and the opportunity to cure, or in any case in which it is documented that the county waived its right to object, or the cable operator gave written notice of a failure or inability to cure and the franchising authority failed to object within a reasonable time after receipt of such notice.

(f) The county and a cable operator may agree to waive the provisions of subsections (a) through (d). If the county and a cable operator agree to such a waiver, the cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, and the county may, after affording the public adequate notice and opportunity for comment, renew the franchise or renew the franchise subject to conditions by adoption of a board of supervisors' resolution approving or conditionally approving a franchise agreement, or deny the franchise renewal. The provisions of subsection (a) through (e) above shall not apply to a decision to grant or deny a renewal pursuant to this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (e) above.

(g) The provisions of subsections (a) through (e) above are intended to reflect federal law and may be modified to conform to any changes in federal law.

(Ord. 551 § 3, 2002)

(a) A franchise is a privilege to be held in personal trust by the original cable operator.

A cable operator shall not sell, transfer, lease, dispose of or assign this franchise 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 approval of the board of supervisors.

(b) If a cable operator is a partnership or a corporation, prior approval of the board of supervisors is also required when there is an actual change in control of the cable operator. A change in control shall be deemed to include, but not be limited to, the following:

(1) in the case of a partnership, the general partner changes,

(2) ownership of twenty percent or more of its voting stock or the voting stock of any parent or affiliate which directly or indirectly through other affiliates owns twenty percent or more of the cable operator's voting stock is to be acquired by a person or group of persons acting in concert. The word "control" as used in this section is not limited to major stockholders but includes de facto control or significant influence with respect to the operation of the cable operator's cable system. For purposes of this section, "significant influence" occurs where a person other than the cable operator or a person controlling, controlled by or under common control with the cable operator exercises working or effective control of decisions affecting the operation of the cable system.

(c) The consent of the board of supervisors is not required for transfer of the franchise to a wholly-owned subsidiary of the cable operator or to any person controlling, controlled by or under common control with the cable operator providing any such person agrees in writing to be bound by the existing franchise and provides bonds and insurance acceptable to the county. The county shall continue to regard the cable operator and its transferee as a single entity for all purposes.

(d) A cable operator's execution of a deed of trust, mortgage or other instrument given merely to secure the payment of any indebtedness of a cable operator shall not constitute a transfer under this division and shall not require the consent of the board of supervisors.

(e) Upon foreclosure or other judicial sale of all or a substantial part of the system or upon the termination of a lease covering all or a substantial part of the system, the cable operator shall notify the county of the fact. The notification shall be considered as notice that a change in control of the cable operator has occurred. In this case the board of supervisors' approval of the new owner of the system must be obtained as herein required.

(f) Prior to any transfer or change in control, a cable operator shall submit to the county any form required by federal law together with the matters described in Section 5.30.230 above. The board of supervisors shall approve, conditionally approve or deny the transfer or change in control within one hundred twenty days following receipt of all required material, unless an extension is agreed to by the county and the cable operator. Conditions of approval may include, but are not limited to, the following:

(1) Resolution of any outstanding franchise violations or performance deficiencies;

(2) Payment of any outstanding franchise fees;

(3) Payment of county costs incurred in reviewing the transfer;

(4) Filing of any appropriate bonds, insurance endorsements, letters of credit or guarantees; and

(5) Written assumption of all obligations of the transferor by the transferee.

(g) Within thirty days after the date of the resolution approving transfer of the franchise, or within such extended period of time as the board of supervisors in its discretion may authorize, the transferee shall file with the clerk of the board of supervisors its written acceptance of the franchise, in a form satisfactory to the county, together with all required bonds and insurance certificates, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this division and the franchise award resolution. Such acceptance and agreement shall be acknowledged by the transferee before a notary public and shall be in a form and content satisfactory to and approved by the county counsel.

(h) The county may cancel a franchise sixty days or later after the appointment of a receiver or trustee to take over and conduct the business of the cable operator, whether in receivership, or other action or proceeding, unless the receivership or trusteeship is vacated prior to the expiration of the sixty days, or unless:

(1) within sixty days after his election or appointment, the receiver or trustee complies with this division and remedies all defaults; and

(2) such receiver or trustee, within sixty days, executes an agreement, approved by the court, whereby the receiver or trustee assumes and agrees to be bound by this division and the franchise granted to cable operator.

(i) Failure to comply with the requirements of this section is a material breach of this chapter, subject to the remedies provided for herein.

(Ord. 551 § 3, 2002)

If a cable system is established, constructed, operated or maintained within the county without the franchise required by this division, the county may notify the cable operator of the franchise requirement. If the operator continues an unauthorized operation for thirty days after such notice from the county, the operator shall forfeit to the county all gross revenues from the system for so long as such unauthorized operation continues. The county may also pursue any civil or criminal remedies, including but not limited to obtaining injunctive relief to immediately enjoin the continue unauthorized operation.

(Ord. 551 § 3, 2002)

Within thirty days after deannexation of areas from the city to the county which are served by a cable operator who does not have a franchise from the county, the cable operator shall apply for a new franchise. Pending consideration of such a franchise, the cable operator shall comply with each and every provision of this Article, including but not limited to the franchise fee requirement. If a newly deannexed area is not actively served by a cable operator, the cable operator(s) serving the area within the county contiguous to the newly deannexed area shall provide service to that area subject to the provisions of its franchise agreement.

(Ord. 551 § 3, 2002)

Should a joint exercise of powers agreement (Gov. Code, § 6500 et seq.) or similar agreement be entered between the county and any city located therein in accordance with law providing for the joint regulation of cable operators and cable services or other cooperative arrangements, involved cable operators shall be governed by, and subject to that agreement, pursuant to this chapter's provisions, provided that no such joint powers agreement shall impair any right or obligation of the cable operator under a franchise agreement.

(Ord. 551 § 3, 2002)

Insofar as it is not preempted by federal or state regulations, the county reserves all rights it may have or subsequently acquire under state, federal or other law with respect to the regulation of cable services or other communications services by a cable operator. The county further reserves the right to amend this Chapter 5.30 and apply such amendments to an incumbent cable operator in any manner that is not explicitly prohibited by a franchise agreement. A franchise granted pursuant to this article shall not be deemed to authorize or prohibit the provision of telecommunications services other than cable services. The provision of such other telecommunications services shall be governed exclusively by other articles of this chapter.

(Ord. 551 § 3, 2002)

The office of the county administrative officer is designated as having primary responsibility for the administration of the franchise and this article. Whenever a right may be exercised under this article by the county or the county administrative officer, such right may also be exercised by a designee or employee. The county administrative officer is not authorized to enter into any franchise agreement or amendment thereto on behalf of the county.

(Ord. 551 § 3, 2002)

Basic service shall be available to all subscribers. No subscriber shall be required to purchase any other service as a prerequisite to purchasing basic service. Basic service shall include all public, educational and government channels at no extra charge.

(Ord. 551 § 3, 2002)

The cable system shall have the capacity, the number of activated and programmed channels and the data/video return ("two-way" or "upstream") capability specified in the franchise agreement. The cable system shall have a maximum frequency of no less than seven hundred fifty MHz or such other frequency that is specified in the franchise agreement.

(Ord. 551 § 3, 2002)

The county and each cable operator shall hold scheduled performance evaluation sessions as specified in the franchise agreement.

(a) In addition to such upgrades as may be required under a franchise agreement, it is the responsibility of a cable operator to periodically review upgrading its cable system to integrate advancements in technology as may be required to meet the needs and interests of the community in light of the costs thereof. It is recognized that subscribers in the county have an especially strong interest in a system design that will eliminate the need for set-top converters not necessary for advances in technology and/or otherwise permit subscribers to fully utilize the capabilities of consumer electronic equipment while receiving cable service.

(b) To assist the county to understand the practical applications of developments in cable technology, each franchisee shall submit a report to the county every odd-numbered year during the franchise term. Each report shall describe developments in cable technology that have been incorporated into cable systems of comparable size in the United States, and whether, how, and by what date the franchisee plans to incorporate those technological developments into the system. In addition, the report shall describe the effect of those developments on public, educational, and governmental use of the cable system, and the effect and compatibility of those technological changes on other consumer electronic equipment. Except as provided in a franchise agreement, the county, on receipt of each plan, may promptly schedule hearings to consider whether the cable operator's timetable for implementing the new technologies is adequate to meet the future cable related needs and interests of the county.

(c) Any increased charges by a cable operator to subscribers for providing basic cable services in compressed or digitized forms shall comply with standard industry practices at the time such technology is introduced into the system. The introduction of compressed or digitized programming shall be a business decision of the cable operator made in good faith after due consideration of the needs and interests of the community, advancements in technology, the availability of programming, and the cost to subscribers.

(Ord. 551 § 3, 2002)

A cable operator shall install, at no charge, at least one service outlet per county administrative building at all buildings occupied by county within the franchise area, and shall charge only its time and material costs for any additional service outlets to such facilities. The cable operator shall provide basic cable service and cable programming service in all outlets in such buildings free of charge.

(Ord. 551 § 3, 2002)

The cable operator shall make available one or more dedicated channels on its cable system for purposes of public, educational and governmental access, as set forth in the franchise agreement. Such channels shall be available on the lowest tier of basic service. Such channels shall not be used for any advertisements or commercial programming without the permission of the county.

(Ord. 551 § 3, 2002)

(a) A cable operator shall design its system so that it may be two-way interconnected with any or all other cable television systems or similar communications systems in the area. Interconnection of systems may be made by direct cable connection, microwave link, satellite or other appropriate methods.

(b) A cable operator may interconnect its system with other cable systems upon its own initiative, or upon request of the board of supervisors to interconnect. If so requested, a cable operator shall begin good faith negotiations concerning interconnection with the other affected system or systems. If so requested, a cable operator shall interconnect with any adjacent cable system which is controlled by the cable operator or which is under common control.

(c) All signals to be interconnected will comply with FCC technical standards for all classes of signals and will result in no more than a low level of distortion.

(d) A cable operator shall cooperate with any interconnection corporation, regional interconnection authority, state or federal regulatory agency which may be hereafter established for the purpose of regulating, facilitating, financing or otherwise providing for the interconnection of communications systems beyond the boundaries of the county.

(Ord. 551 § 3, 2002)

To provide an emergency alert capability, the cable operator shall install and maintain an emergency alert system which allows the county to simultaneously override audio signals and broadcast emergency messages on all television channels. In case of public emergency, the county may, as directed by the administrator of emergency services or other authorized official, activate and use such emergency override system for the duration of the emergency. The cable operator shall assist and cooperate with, the county in periodic testing of the emergency override system.

(Ord. 551 § 3, 2002)

When trimming trees, a cable operator shall comply with all county regulations applicable to utilities.

(Ord. 551 § 3, 2002)

In the event that a franchise is terminated or expires without being renewed, or if all or a portion of the cable system is not used for a period of ninety days, the cable operator shall either remove the cable system or the abandoned portion thereof or shall obtain the permission of the county community development director to abandon the cable system in place within ninety days. The cable operator shall obtain an encroachment permit prior to removing the cable system.

(Ord. 551 § 3, 2002)

Notwithstanding the granting of a franchise, the county retains the right under the laws of the state of California and any applicable federal statutes or regulations to acquire the cable system by eminent domain.

(Ord. 551 § 3, 2002)

Customers have the right to receive, and the cable operator has the obligation to provide, efficient service, high-quality reception, prompt repairs and service interrupted only for good cause and for the shortest possible time. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the cable operator are honored. In the event that the cable operator elects to overbuild, rebuild, modify, or sell the system, or the board of supervisors gives notice of intent to terminate or fails to renew the franchise, the cable operator shall act so as to ensure that all subscribers receive continuous, uninterrupted service.

(Ord. 551 § 3, 2002)

The cable operator shall not deny service or access or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, sex, age, disability or occupation. Nothing in this section shall be deemed to prohibit senior discounts.

(Ord. 551 § 3, 2002)

The cable operator shall maintain a local business office in a location specified in the franchise agreement which shall be open to the public at least eight hours per day each weekday.

(Ord. 551 § 3, 2002)

(a) The cable operator must extend and make cable television service available to every business location (other than home occupations) unless, due to the low density of businesses in a particular area, the county waives this requirement. The cable operator must extend and make cable television service available to every dwelling unit within three months in any unserved area reaching the average density of ten occupied residential dwelling units per one-quarter mile, as measured from the nearest active coaxial feeder line. Extension of cable television service to any unserved area satisfying the foregoing requirements will be subject to the following:

(1) Each occupied residential dwelling unit must be located within a distance of no more than one hundred fifty feet from the anticipated location of such extension, provided that an occupied residential dwelling unit located more than this distance from the anticipated location of such extension shall be counted if the owner or occupant agrees to pay the cable operator an additional amount not to exceed the actual time and materials cost of the portion of the drop to such residential dwelling unit exceeding one hundred fifty feet; and

(2) The cable operator is able to secure all necessary easements or rights-of-way for purposes of locating its cable system in the area of such extension.

(b) In areas not meeting the requirements for mandatory extension of service, the cable operator shall provide, upon the request of a potential subscriber desiring service, an estimate of the reasonable costs required to extend service to said subscriber, including materials, labor, overhead and private easements, if necessary. The cable operator shall then extend service within four months upon request of said potential subscriber, who shall be responsible for all reasonable costs associated with the extension. The cable operator may require advance payment or assurance of payment satisfactory to the cable operator.

(Ord. 551 § 3, 2002)

(a) Upon receipt of a service complaint, the cable operator shall respond as follows:

(1) to a system outage of one or more channels, within two hours;

(2) to an individual outage of one or more channels, within twenty-four hours; and

(3) to all other reception problems, by the next working day or as agreed upon by the subscriber and the cable operator. The cable operator shall have available at all times a sufficient number of technicians capable of responding to the foregoing matters within the foregoing time frames.

(b) The cable operator will be deemed to have responded to a service complaint when a field service representative competent to fix the problem arrives at the service location (which may be some portion of the cable system and not a subscriber's residence) and begins work on the problem. In the case of a response which involves request for service at a subscriber's residence, and the subscriber is not home when the field service representative arrives, response will be deemed to have taken place if the field service representative leaves notification of arrival and instructions for rescheduling on the subscriber's front door.

(c) Where the cable operator is unable to respond to a service complaint within the applicable time period specified in this section, the cable operator shall make reasonable efforts, within such time period, to notify the complainant of the reason(s) and the estimated time frame for correction, and shall proceed to correct the service complaint at the earliest possible time.

(Ord. 551 § 3, 2002)

(a) All appointments for service, installations, or disconnection shall be specified by date. At the subscriber's option, weekday service calls shall be scheduled as morning or afternoon appointments during specified four hour blocks of time. For service calls responding to system or individual outages, holiday and weekend scheduling shall also be available. If the appointment cannot be kept, the cable operator shall make reasonable efforts to promptly notify the subscriber in advance and reschedule the appointment. A cable operator may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment.

(b) Subscribers who have experienced a missed appointment due to the fault of a cable operator shall receive installation free of charge (if the appointment was for installation). The subscriber shall receive a credit against the basic service charge in the minimum amount of twenty dollars if the missed appointment is for a service call. Alternatively, subscribers may pursue their remedies pursuant to civil code Section 1722.

(Ord. 551 § 3, 2002)

Where service interruptions of one hour duration or longer are planned, the cable operator shall notify subscribers at least twenty-four hours before the anticipated interruption, provided that no notification shall be required for service interruptions occurring between two a.m. and six a.m. Notification need not be repeated before each anticipated interruption as long as the initial notification advises of the possibility of repeated interruptions during a specified period not to exceed one month. To the extent feasible, the cable operator shall avoid interruptions between five p.m. and midnight.

(Ord. 551 § 3, 2002)

The cable operator shall notify subscribers of any changes in programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notices must be given to subscribers a minimum of thirty days in advance of such changes if the change is within the control of the cable operator. Cable operator shall provide a copy of all notifications to the county and shall make every reasonable effort to do so at least seven days in advance of the distribution to subscribers. If the subscriber notice is not timely provided, the proposed change may not occur until and unless the proper notice is provided.

(Ord. 551 § 3, 2002)

The cable operator shall render efficient telephone communication service locally, sufficiently staffed by knowledgeable, courteous personnel.

(Ord. 551 § 3, 2002)

The cable operator shall keep a computer log or written record for at least three years of:

(a) all service calls and complaints which require the dispatch of a service vehicle to respond to the service call or complaint, and

(b) all calls regarding outages, regardless of whether a service vehicle was dispatched, together with the disposition of all such calls. This record shall be available for public inspection by the affected subscriber at the local office of the cable operator during regular office hours such that each subscriber may examine his or her own records. The log or record shall be available for inspection by the county at any time at the local office of the cable operator during regular office hours. Before making a record available for inspection under this section, the cable operator may require reasonable advance notice, which shall in no event exceed one working day.

(Ord. 551 § 3, 2002)

Upon reasonable request or complaint by a subscriber, the cable operator shall, at its sole expense, perform such signal level tests as necessary to establish if a signal of requisite quality is being delivered to the subscriber's premises. The test shall be conducted at the subscriber's receiver and at other such locations deemed necessary by the cable operator, and a copy of the written test results shall be made available to the subscriber upon request.

(Ord. 551 § 3, 2002)

The cable operator shall send or deliver to all new and reconnected subscribers in writing and to all subscribers at least once a year, in a form easy to read and understand, information concerning the conditions of service, including but not limited to: rates, fees, charges, deposits, refunds of deposits, available levels of service (tiers), payment options, discounts (if any), service call policy, privacy protections and disconnection and reconnection policy. The cable operator shall provide a copy of such information to the county prior to its distribution to the cable operator's subscribers for review and comment.

(Ord. 551 § 3, 2002)

Upon connection or reconnection to the system and at least once a year, the cable operator shall, by appropriate means, such as a card or brochure, printed notice on billing statement, or billing insert, furnish to each subscriber information concerning the procedures for making inquiries or complaints to the cable operator or the county, including the name, address and local telephone number of the cable operator and the county. The form and content of the complaint notice shall be subject to review and comment by the county.

(Ord. 551 § 3, 2002)

(a) When there have been a significant number of complaints made, or where there exists other evidence which, in the judgment of the county, indicates a problem with the reliability or quality of cable service as required under this chapter or in the franchise agreement, the board of supervisors shall have the right and authority to require the cable operator to evaluate the performance, operation or administration of the cable system including without limitation matters relating to customer service.

The cable operator shall fully cooperate with the county in performing such evaluation and shall prepare results and a report, if requested, within thirty days after notice. Such report shall include the following information:

(1) The nature of the complaint or problem which precipitated the evaluation;

(2) What system component, operation or service was evaluated;

(3) The equipment used and procedures employed;

(4) The method, if any, by which such complaint or problem could be or has been resolved; and

(5) Any other information pertinent to the evaluation which may be required.

(b) The county may require that evaluations be supervised, or conducted, at a cost to be paid by the cable operator, by an engineer, accountant or other consultant selected by the county and not on the permanent staff of the cable operator or the county. The engineer, accountant or other consultant shall sign all records of the evaluation and forward to the county such records with a report interpreting the results of the evaluation and recommending actions to be taken. The county's rights under this section, shall be limited to evaluating specific subjects and characteristics based on complaints, circumstances or other evidence which cause the county to reasonably believe that evaluation is necessary to protect the public against substandard cable service.

(Ord. 551 § 3, 2002)

In the event of repeated and verifiable noncompliance with the customer service standards contained in this chapter, the county may, in addition to pursuing any other civil or criminal remedy, direct the cable operator to add sufficient personnel and/or telephone lines and equipment to ensure compliance with such standards.

(Ord. 551 § 3, 2002)

(a) Bills for service shall be monthly. Nothing in this section shall prohibit voluntary prepayment of services by subscribers, provided that the cable operator shall not be required to offer or accept any discount or other reduction in the amount paid by any subscriber for a voluntary prepayment of services. Bills shall include a listing of the cable operator's customer service telephone number in a manner that makes such number significantly more prominent than any other telephone numbers listed on the bill. Bills shall not list the county's telephone number in a manner that causes confusion to the public. All telephone numbers shall be listed on the bill in a form approved by the county.

(b) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

(c) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty days.

(d) Before itemizing on subscriber bills any fees, taxes, assessments or other items payable to the county the itemization of which is not expressly authorized by state or federal statute or regulation, the cable operator shall submit a sample bill to the county for review and comment. In the event that the billing language proposed by the cable operator is misleading or incomplete, the cable operator shall modify the same as requested by the county or shall include a reasonable explanation as agreed to by the county and the cable operator.

(e) Charges on a bill shall not be deemed delinquent and a subscriber shall not be subject to a late fee, so long as payment is received from the subscriber within ten days after the end of the service period covered by the bill.

(f) A cable operator shall only disconnect a subscriber's service for good cause. A cable operator shall not disconnect service for non-payment until the cable operator has provided the subscriber with notice, provided on or after the due date of the subscriber's bill and separately from that bill or any other standard monthly bill, at least ten days in advance of the disconnection. The notice shall specify the earliest date the disconnection will occur, the total payment required to avoid disconnection and the telephone number and office hours to contact a customer service representative. In no event shall disconnection for nonpayment occur less than fourteen days after the end of any billing period for which charges are delinquent. If service is disconnected by the cable operator's personnel at or near the drop to the subscriber, such personnel shall first attempt to visit the subscriber and give the subscriber an opportunity to continue service by paying all accrued charges.

(Ord. 551 § 3, 2002)

The cable operator shall refund all subscriber deposits within thirty days of termination of service. Any outstanding balance, including any equipment not returned by the subscriber, may be deducted from the deposit. The refund shall be mailed to the subscriber at no expense, or shall be handled as otherwise agreed to by the subscriber.

(Ord. 551 § 3, 2002)

The cable operator shall provide subscribers, upon request, with a parental locking device or digital code that permits inhibiting the video portions of premium channels. The cable operator may charge a reasonable rate for such a device.

(Ord. 551 § 3, 2002)

(a) The cable operator shall not sell or otherwise release to any person, without specific written authorization from each individual subscriber, any list which identifies individual subscriber viewing habits or any list which contains the name, address and/or telephone numbers of individual subscribers.

(b) The cable operator shall not place in a residence any equipment capable of being used by the cable operator for audio eavesdropping or video surveillance. In addition, the cable operator shall not activate any two-way communications capability of the system in a subscriber's residence, or use the system to gather information about individual subscriber viewing habits, without the subscriber's informed written or electronic consent. Notwithstanding the above, the cable operator shall have the right to use the system to (i) obtain information necessary to render cable service or any other service provided by the cable operator to the subscriber, (ii) verify receipt of cable service for billing purposes or (iii) detect unauthorized reception.

(Ord. 551 § 3, 2002)

(a) Neither the owner of any residential dwelling nor his agent or representative shall ask or demand any payment, service or gratuity in any form as a condition for permitting the installation of cable service to the dwelling unit occupied by a tenant or resident requesting service.

(b) Neither the owner of any residential dwelling nor his agent or representative shall penalize, charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable service from a cable operator operating under a valid and existing cable franchise issued by the county.

(c) No person shall resell, without the express written consent of the cable operator and without a franchise from the county, where required, any cable service, program or signal transmitted by a cable operator operating under a franchise issued by the county. However, the owner of a multiple dwelling unit, under the auspices of a bulk cable service agreement with the cable operator, may charge tenants for cable service, so long as such charges do not exceed the charges made by the cable operator to the owner, plus a reasonable sum to reimburse the owner for necessary administration and billing.

(d) Nothing in this section shall prohibit a person from requiring that cable system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons or property.

(e) Nothing in this section shall prohibit a person from requiring a cable operator to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable system facilities.

(Ord. 551 § 3, 2002)

No person, firm or corporation shall make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable system for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound. Also no person, without the consent of the owner, shall tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

(Ord. 551 § 3, 2002)

All construction (including, but not limited to, the initial construction of the cable system and any rebuild, expansion, replacement, repair or maintenance of all or any part of the cable system) shall be performed in compliance with this chapter. At least ninety days prior to initiating any major construction (other than routine maintenance or repair, installation of subscriber drops or minor line extensions), a cable operator shall submit a construction plan to the county. The construction plan shall include a description of the work, equipment specifications, existing and proposed locations of all facilities, traffic control plans, resident and business notification plans and a detailed construction schedule. The county may approve, conditionally approve or deny the construction plan. The county may require the posting of construction bonds. Additional construction requirements may be specified in a franchise agreement.

(Ord. 551 § 3, 2002)

(a) A cable operator shall construct, install, operate and maintain its system consistent with all of the following:

(1) All ordinances and construction standards of the county.

(2) National Electrical Safety Code.

(3) National Electrical Code.

(4) Rules, regulations and orders of the Federal Communications Commission.

(5) Rules, regulations and orders of the California Public Utility Commission.

(6) All other applicable federal, state and local laws and regulations.

(b) A cable operator shall construct, install and maintain its cable system in an orderly and professional manner, using due diligence and materials of good and durable quality. All such work shall be performed in close coordination with other public and private utilities following accepted construction procedures and practices and working through existing committees and organizations. All cable and wires shall be installed, where possible, parallel with and in the same manner as electric and telephone lines on the same poles. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.

(c) A cable operator shall, at its own cost and expense, install and maintain shielding, filtering and grounding at affected installations with the system to eliminate television interference encountered from overload by amateur radio transmissions which are in compliance with FCC regulations.

(d) A cable operator shall maintain equipment capable of providing standby power to be engaged automatically in the event of a power failure for twenty-four hours at all headends serving the county, including without limitation all switching facilities, towers, electronics and heating, ventilation and air conditioning systems and equipment located at such headends and such switching facilities. The cable operator shall also maintain on its distribution system alternative power sources (battery back-up) so that both the subscriber and the institutional networks (if any) may be maintained at full power for at least two hours beyond the time when normal power sources serving the cable system have ceased.

(e) If the county reasonably believes that the cable system is not in technical compliance with the foregoing standards, the county may require the cable operator to conduct its own technical testing of the system, and cable operator shall disclose the results of such tests to the county upon their completion. Any deficiencies shall be cured by the cable operator promptly and no later than thirty days following completion of testing. The county shall also have the right to observe any system performance tests conducted by the cable operator and to obtain copies of the results of such tests.

(f) A cable operator shall comply with all of the same standards and codes, including but not limited to the payment of inspection fees, to construct and maintain its system within private rights-of-way as are required by the county's public roads.

(Ord. 551 § 3, 2002)

All cable operators shall pay a franchise fee to the county in an amount equal to three percent of the cable operator's gross revenues. The cable operator shall make franchise fee payments on the first day of each quarter year, or at such other times specified in the franchise agreement. Franchise fee payments shall be submitted together with documentation of the cable operator's gross revenues in such form as may be required by the county from time to time.

(Ord. 551 § 3, 2002)

All cable operators shall pay compensation to the county for use of public property in an amount equal to three percent of the cable operator's gross non-cable revenues. Payments shall be submitted to the county on the first day of each quarter of each calendar year together with documentation of the cable operator's gross non-cable revenues in such form as may be required by the county from time to time.

(Ord. 551 § 3, 2002)

In consideration of the use of public property, any person other than a cable operator who provides cable service or any other telecommunications service over a cable system for which charges are assessed to subscribers but which are not received by a cable operator shall pay a fee to the county in an amount equal to three percent of that person's gross revenues and gross non-cable revenues. The cable operator whose cable system is used by such person shall collect the foregoing fee from such person no later than the tenth day prior to the close of each calendar quarter and shall remit the fee to the county no later than the first day of the following calendar quarter. If the cable operator fails to collect or remit all or part of this fee, the cable operator shall be directly liable to the county for payment of the uncollected or unremitted fee.

(Ord. 551 § 3, 2002)

The county has the right to inspect and audit all of the cable operator's books and records and those of its affiliates relevant to an accurate determination of the total amount of the cable operator's gross revenues and gross non-cable revenues. The cable operator shall make such records available to the county within fourteen days of the county's request. Such records shall be available for inspection by the county at the cable operator's office within the city of Susanville during normal business hours. Such records shall be retained by the cable operator for a period of at least five years. The county will bear the cost of any such audit; provided, however, that if such audit indicates a franchise fee underpayment of three percent or more of the amount due, the cable operator shall reimburse the county for all reasonable costs relating to the audit. Any additional amount due to the county as a result of the audit shall be paid within thirty days following written notice to the cable operator, which notice shall include a copy of the audit report. If the cable operator believes the audit report is in error, it may send a written response to the county describing the error in lieu of making the payment. If the county disagrees with the response, it shall notify the cable operator in writing, after which the cable operator shall pay the additional amount due within thirty days. The county may elect to perform such audit jointly with one or more other government agencies which regulate affiliated systems.

(Ord. 551 § 3, 2002)

In the event that the cable operator does not make any payments required by this chapter on or before the date due, a late payment penalty shall accrue at a rate of one and one-half percent per month on the unpaid amount until paid.

(Ord. 551 § 3, 2002)

The cable operator shall maintain at its local office within the county, and shall make available for inspection and auditing at that office within seven days after receipt of a written request by the county, complete and accurate books, records, strands maps, plans and other materials of the cable operator which are reasonably related to the county's review of the cable operators compliance with this chapter and the franchise agreement. To the extent that an affiliate of the cable operator aggregates information relating to the cable system together with information about other cable systems, the cable operator shall have copies of such records available for inspection and auditing at the local office within seven days after receipt of a written request by the county. The county shall maintain the confidentiality of any of the foregoing records to the extent that they are not public, contain sensitive business information and confidentiality is permitted by law.

(Ord. 551 § 3, 2002)

(a) The cable operator shall at all times make and keep on file in the office of the community development director current, full and complete plans and records to a scale and form approved by the community development director, showing the exact location of all cable system equipment installed or in use in streets, alleys and public places in the county.

(b) The cable operator shall file with the community development director, on or before the last day of March of each year, a current strand map or set of strand maps drawn to a scale, and in the format designated by the community development director, showing all cable system equipment installed in streets, alleys and public places of the county during the previous year.

(Ord. 551 § 3, 2002)

(a) The cable operator shall at all times during the existence of any franchise issued hereunder maintain in full force and effect at its own cost and expense to the following policies of insurance:

(1) A general comprehensive liability insurance policy with minimum liability limits of two million dollars combined single limit per occurrence for bodily injury, personal injury and property damage;

(2) An automobile liability policy with minimum liability limits of two million dollars combined single limit per accident for bodily injury and property damage; and

(3) Workers' compensation insurance with minimum policy limits as required by State law.

(b) All of the foregoing policies (except workers' compensation insurance) shall all name the county, its officers, officials, agents, employees and volunteers as insureds, and shall be primary to any insurance maintained by the county. The precise terms of these policies, including but not limited to liability limits, deductibles, acceptable insurers and other terms, shall be specified in the franchise agreement.

(Ord. 551 § 3, 2002)

The cable operator shall indemnify, defend and hold harmless the county and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the cable operator's enjoyment of the franchise hereunder, or its failure to comply with any of its obligations contained in the franchise agreement or this chapter, or arising out of the construction, installation, maintenance, operation or removal of its cable system, except such loss or damage which was caused by the sole negligence or willful misconduct of the county.

(Ord. 551 § 3, 2002)

Within thirty days after the effective date of a franchise agreement, the cable operator shall deposit with the county an irrevocable letter of credit in the amount set forth in the franchise agreement in a form and with an institution approved by the county. The letter of credit may be drawn upon by the county for the purpose of remedying any non-compliance by the cable operator with any provision of this code or the franchise agreement.

(Ord. 551 § 3, 2002)

The granting of a franchise pursuant to this chapter may create an interest subject to property taxation pursuant to California Revenue and Taxation Code Section 107 et seq. The cable operator shall be solely responsible for payment of any such taxes.

(Ord. 551 § 3, 2002)