Lincoln Municipal Code Art. I Licensing Ordinance General Provisions

The purposes of this chapter include, but are not limited to, the promotion of the general health, safety and welfare of the citizens of the city of Lincoln as follows:

(1) Establishing a plan for the licensing of cable television ("CATV") services within the city;

(2) Promoting competition in CATV services among providers so that the residents of the city will benefit from the lowest possible price for CATV service;

(3) Providing for the equal and uniform provision of CATV services throughout the city, so that all residents of the city, regardless of income or minority status, have equal access to CATV services;

(4) Insuring that city property, as defined in this chapter, is protected from physical damage;

(5) To regulate the operations of licensees for the purpose of protecting and promoting the public health, peace, safety and welfare.

The provisions of this section shall not be deemed to confer any right upon a licensee which is not otherwise conferred by another express provision of this chapter.

(Ord. 747B §3(part), 2003)

As used in this chapter, the following terms, phrases, and words shall be ascribed the following meanings, unless the context indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. Words not defined in this chapter shall be given their common and ordinary meanings, consistent with the context in which such words are used and the purposes of this chapter.

"Cable television system" or "CATV system" means a system of antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, video and other forms of electronic or electrical signals within the city, some part or portion of which occupies the city property as defined in this chapter.

"City" means the city of Lincoln and its constituent bodies, officers and employees.

"City property" includes all property in which the city has an ownership interest, either in fee, by easement, by dedication, by implication, by lease, or by other legal means. It includes, but is not limited to, streets, easements, rights-of-way, buildings and unimproved property.

"Gross revenues" mean any and all revenue received by the licensee from the operation of the CATV system to provide cable service within the city, excluding, however:

(1) Any taxes, fees or assessments of general applicability collected by the licensee from its customers for pass-through to a government agency, including the FCC user fee; or

(2) Any PEG amounts recovered from customers.

Gross revenues shall include licensee fee revenue, noncash revenue, and an affiliate's cable-related revenues, where such revenues would be ordinarily generated in the operation of a CATV system used to provide cable services within the city. It is the intent of this definition that, within the exceptions set forth above, "gross revenues" shall be as broad a term as is permitted by law.

"License" means a permit issued to a licensee by the city which allows the person, firm, or entity to whom the license is issued the right to use city property for the installation and maintenance of a CATV system in accordance with the conditions and standards specified in this chapter.

"Licensee" means the person, firm, or entity holding a valid CATV license issued under the provisions of this chapter.

"Service activation plan" means the schedule of providing CATV services to individual customers.

"Telecommunications Act" means that portion of federal statute regulating the delivery of cable television systems and services, specifically Title VI of the Communications Act of 1934, as amended (47 U.S.C. §521, et seq.).

(Ord. 747B §3(part), 2003)

Except as otherwise provided by this Code, or by state or federal law, city property shall not be occupied by or used for a CATV system except under:

(1) A license issued pursuant to the provisions of this chapter; or

(2) A franchise issued pursuant to the provisions of Chapter 5.20 of this Code.

(Ord. 747B §3(part), 2003)

(a) Notwithstanding anything in this Code, including, but not limited to, Chapter 5.20 of this Code, to the contrary, a licensee pursuant to the provisions of this chapter shall not be required to obtain a franchise pursuant to Chapter 5.20 of this Code, nor shall a franchisee pursuant to Chapter 5.20 of this Code be required to obtain a license pursuant to this chapter. Any person desiring to operate a new CATV system must obtain either a license pursuant to this chapter or a franchise pursuant to Chapter 5.20 of this Code, but such person may choose either regulatory scheme.

(b) Any franchisee pursuant to Chapter 5.20 of this Code may, at his or her option and in lieu of seeking renewal of the franchise, apply for a license pursuant to this chapter.

(c) This chapter is intended to provide an equivalent level of service and benefit to the city, its citizens and the customers of the cable television system as would a franchise issued pursuant to Chapter 5.20 of this Code.

(Ord. 747B §3(part), 2003)

(a) With respect to the provisions of Section 5.36.34 of this chapter regarding connection to governmental facilities, the licensee at its sole option may choose to provide an equivalent in-lieu payment to the city in-lieu of the requirements of this chapter. The amount of the in lieu payment shall be determined by the city council following a noticed public hearing. No such optional in-lieu payment shall be used as a credit against the license fee required by this chapter.

(b) In any case in which a determination of the equivalency of regulations or requirements under this chapter and Chapter 5.20 of this Code is required, such determination shall be made by the city council. Such determination shall be legislative.

(Ord. 747B §3(part), 2003)

No license issued under this chapter shall be deemed to expressly or impliedly authorize the licensee to utilize above ground poles owned by any public utility or any publicly regulated private utility. A licensee shall obtain the permission of the owner of any utility pole to utilize the same.

(Ord. 747B §3(part), 2003)

No license issued under this chapter shall be deemed to expressly or impliedly authorize the licensee to enter on, or install any part of the CATV system on, any privately owned property without the express consent of the owner of such property.

(Ord. 747B §3(part), 2003)

All notices and other writings authorized or required by this chapter to be sent shall be deemed to have been given and served when deposited in the United States Mail, first class postage prepaid, and addressed to the address provided in the application made pursuant to this chapter in the case of a notice to a licensee or to the city manager at city hall, 640 Fifth Street, Lincoln, California in the case of a notice to the city.

(Ord. 747B §3(part), 2003)

It is declared that the provisions of this chapter are enacted pursuant to the authority conferred on the city by the California Constitution and the State Legislature to exercise police powers for the general health, safety, and welfare of the residents of the city, including, but not limited to, Sections 53066 et seq. of the Government Code.

(Ord. 747B §3(part), 2003)

All zoning and other land use ordinances, building, electrical, plumbing and mechanical codes, business license ordinances and all other ordinances of general application now in existence or hereafter enacted by the city, whether or not codified, shall be fully applicable to the exercise of any license issued pursuant to this chapter, and the licensee shall comply therewith. In the event of a conflict between the provisions of this chapter and those of an ordinance of general application, the provisions of such ordinance of general application shall prevail.

(Ord. 747B §3(part), 2003)

Copies of all petitions, applications, communications, and reports submitted by a licensee to the FCC, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting construction or operation of a CATV system or cable services provided through such a system, shall be filed simultaneously with the city clerk. Copies of responses or any other communications from the regulatory agencies to a licensee likewise shall be filed immediately on receipt with the city clerk.

(Ord. 747B §3(part), 2003)

Any license issued pursuant to this chapter may result in a possessory interest in favor of the licensee which may subject the licensee to property taxation. The licensee, as the party in whom the possessory interest is vested, shall pay all property taxes levied upon that interest.

(Ord. 747B §3(part), 2003)