Los Angeles County Municipal Code Ch. 16.60 General Requirements

The ordinance codified in Division 4 of this Title 16 shall be known and may be cited as the "Master Cable Television System Franchise Ordinance" or "Master CATV Ordinance."

(Ord. 88-0159F § 1 (part), 1988.)

It is the purpose of the ordinance codified in this Division 4 to standardize practices in the cable television industry, to provide for the unified administration of cable television franchises, to regulate rates to the extent allowable by federal, state and local laws when necessary for the public good, and to regulate the operation of franchises for the purpose of protecting and promoting the public health, safety and welfare in the interests of the subscriber, franchisee, and the public.

(Ord. 88-0159F § 1 (part), 1988.)

The provisions of this Division 4, insofar as they are substantially the same as existing ordinance provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.

(Ord. 88-0159F § 1 (part), 1988.)

In addition to the terms and conditions set out in this Division 4, the franchise is granted under the same terms and conditions contained in Sections 16.38.040, 16.38.120, 16.38.130, 16.38.160, 16.38.250 through 16.38.280, 16.38.300, 16.38.310, 16.38.330, 16.38.340, 16.38.380 through 16.38.400, 16.38.430, 16.38.450 and 16.38.460 and Chapter 16.40 of Division 3 of this title as if they were contained in this Division 4 of Title 16. In the event the terms and conditions hereof conflict with the terms and conditions of Ordinance 7468, as set forth in Division 3 of this title, the terms and conditions hereof shall control.

(Ord. 88-0159F § 1 (part), 1988.)

Article X (beginning with Section 1001) of Ordinance 7468, entitled "the basic franchise ordinance," adopted February 3, 1959, as in effect immediately prior to the effective date of the ordinance codified in this Division 4, shall continue in effect notwithstanding its repeal by the provisions hereof, as to all franchises granted prior to December 15, 1978, the effective date of the ordinance codified in this Division 4, which refer to, or incorporate by reference Ordinance 7468, or Article X of said Ordinance 7468.

(Ord. 88-0159F § 1 (part), 1988.)

All franchises for a cable television system shall be granted pursuant to Section 53066 of the Government Code of the state of California.

(Ord. 88-0159F § 1 (part), 1988.)

Whenever the FCC or the Public Utilities Commission of the state of California or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over any specific provisions of the franchise, such paramount jurisdiction shall preempt or preclude the exercise of like jurisdiction by the county.

(Ord. 88-0159F § 1 (part), 1988.)

A.

The rights reserved to the county under this Division 4 are in addition to all other rights of the county, whether reserved by this Division 4 or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the county. Franchisee, by acceptance of the franchise, agrees to be bound thereby and to comply with any action or requirement of the county in its exercise of any such right or power.

B.

County shall have the right to waive any provision of the franchise, except those required by federal or state regulation, if the director determines:

That it is in the public interest to do so; or

That the enforcement of such provision will impose an undue hardship on the franchisee or the subscribers.

C.

Wherever the franchise requires that an action be taken or not taken by the franchisee or the county on the basis of operational, technological or economic feasibility or viability, the franchisee shall have the burden of demonstrating the existence or lack, as applicable, of said feasibility or viability.

D.

The county shall have the power and right at all times for the duration of the franchise to require franchisee to conform to rules and regulations governing the operation of cable television systems now or hereafter adopted by the board.

(Ord. 88-0159F § 1 (part), 1988.)

Every franchise granted by the county after December 15, 1978, to construct from time to time and, for the period covered by the franchise, to maintain and operate a cable television system in the unincorporated territory of the county of Los Angeles, and to maintain, operate, renew, repair and remove lines and cables for the transmission of television and radio signals, together with all appurtenances and service connections necessary or convenient for the provision of a cable television system in, under, along or across any and all service areas, highways, public properties and public easements in the unincorporated territory of the county of Los Angeles, except as otherwise provided in the ordinance granting the franchise, shall be granted upon and be subject to the rules, regulations, restrictions and terms and conditions of this Division 4, in addition to such of the terms and conditions of those provisions of Chapters 16.38 and 16.40 of Division 3 of this title, as are incorporated by reference in this Division 4, and in addition to those rules, regulations, restrictions, terms and conditions set forth in the ordinance granting the franchise.

(Ord. 88-0159F § 1 (part), 1988.)

The granting of the franchise shall not be construed to prevent the county from granting any identical or similar franchise to any person other than the franchisee.

(Ord. 88-0159F § 1 (part), 1988.)

Nothing contained in this Division 4 shall ever be construed so as to exempt the franchisee from compliance with all ordinances, rules or regulations of the county now in effect or which may be hereafter adopted which are not inconsistent with the terms of the franchise.

(Ord. 88-0159F § 1 (part), 1988.)

The franchisee shall, within 30 days after the passage of the ordinance granting the franchise, file with the executive officer- clerk of the board, an express and unconditional written acceptance of the terms and conditions of said ordinance; provided, however, that as to franchises granted to the United States of America, use will constitute acceptance.

A.

The parent entity, if any, of the franchisee, shall file a letter with the county, concurrent with the franchisee's letter of acceptance, which guarantees the performance of each and every term, covenant and condition imposed on the franchisee pursuant to the franchise.

B.

The franchisee's letter of acceptance shall be signed by a duly authorized representative or representatives of the franchisee, whose signature(s) shall be acknowledged by a notary, and shall be accompanied by the performance bond, letter of credit, and evidence of insurance required by this Division and by the ordinance granting the franchise.

C.

The ordinance granting the franchise shall be rendered null and void until such time as the franchisee meets the acceptance criteria contained in this section.

(Ord. 88-0159F § 1 (part), 1988.)

The franchisee, by acceptance of the franchise granted pursuant to the ordinance, expressly acknowledges and accepts the right of the county to issue a franchise. Franchisee further acknowledges and accepts the right of the county to exercise directly or delegate its regulatory power to a subordinate body or its officers, employees, agencies, committees, or departments to ensure the proper implementation of the franchise.

(Ord. 88-0159F § 1 (part), 1988.)

Unless the ordinance granting the franchise provides otherwise, the term of the franchise shall be 15 years.

(Ord. 88-0159F § 1 (part), 1988.)

A.

Nothing herein shall be deemed to prevent the parties indemnified and held harmless herein from participating in the defense of any litigation by their own counsel at the franchisee's sole expense. Such participation shall not under any circumstances relieve the franchisee from its duty of defense against liability or of paying any judgment entered against such party.

B.

Without limiting franchisee's indemnification of county pursuant to subsection (A)(1) and Section 16.60.190, franchisee shall provide and maintain at its own expense during the term of the franchise, the following programs of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to director and satisfactory evidence of such programs shall be delivered to the county, on or before the effective date of the franchise. Insurance policies and certificates evidencing coverage shall name the county of Los Angeles, its officers, agents, and employees as additional insureds in respect to franchisee's operations under the franchise. Such evidence shall specifically identify the franchise and shall contain express conditions that county is to be given written notice by registered mail at least 60 days in advance of any modification or termination of any program of insurance:

Liability. Such insurance shall be primary to and not contributing with any other insurance maintained by county, shall name the county of Los Angeles, its officers, agents, and employees as additional insureds, and shall include, but not be limited to:

a.

Comprehensive General Liability Insurance endorsed for Premises-Operations, Products/Completed Operations, Contractual, Broad Form Property Damage and Personal Injury with a combined single limit of not less than $1,000,000.00 per occurrence. If the above insurance is written on a Claims Made Form, such insurance shall be endorsed to provide an extended reporting period of not less than five years following termination of the policy.

b.

Comprehensive Auto Liability Insurance endorsed for all owned, non-owned, and hired vehicles with a combined single limit of at least $1,000,000.00 per occurrence.

c.

Said amounts of coverage shall be subject to review and adjustment by the county, at county's sole option, at any time during the term of the franchise. In the event of such adjustment, franchisee agrees to provide such amounts as are determined by county, within 30 days after written notice to do so from the county.

Workers' Compensation. A program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the state of California, including Employers Liability Insurance with a $150,000.00 limit, covering all persons providing services on behalf of franchisee and all risks to such persons under the franchise. Franchisee may provide, if applicable, a certificate of consent to self-insure, issued by the Director of Industrial Relations of the state of California. Should franchisee utilize the self-insurance provision of this section, and franchisee's certification of consent to self-insure expire or be revoked, franchisee shall be required to provide a program of Workers' Compensation Insurance prior to or upon said expiration or revocation.

C.

Franchisee shall furnish the director, prior to commencement of any franchise operations, either certified copies of said policies required by subsection B of this section, or a certificate of insurance for each of the required policies executed by the company issuing the policy, certifying that the policy is in force.

D.

No franchise operations shall commence until franchisee has complied with aforementioned provisions of this section, and any such operations shall be suspended during any period that franchisee fails to maintain said policies in full force and effect.

E.

It shall be the franchisee's obligation to provide evidence of current insurance policies.

(Ord. 88-0159F § 1 (part), 1988.)

A.

On or before the effective date of the ordinance granting the franchise, franchisee shall furnish the director with a bond, payable to the county of Los Angeles, in a form and executed by a corporate surety acceptable to county and licensed to transact business as a surety in the state of California. Such a bond shall be maintained in full force and effect at all times during the term of the franchise and shall be in favor of the county in the penal sum of $50,000.00, or such other sum as may be specifically provided for in the ordinance granting the franchise. Said bond to be conditioned upon faithful performance by franchisee of the terms and conditions of the franchise and shall provide that, in case of any breach of condition of the bond, the whole amount of the penal sum shall be deemed to be liquidated damages and shall be payable to the county by the principal and sureties of the bond. If said bond is not filed as aforesaid, the award of the franchise may be set aside and the ordinance granting the franchise repealed and any money paid in consideration for said award of franchise shall be deemed forfeited. The performance bond may be required in addition to a letter of credit or establishment of a security fund pursuant to Section 16.60.155. The rights reserved with respect to said performance bond are in addition to all other rights of the county.

B.

The amounts of said bond shall be subject to review and adjustment by the county, at county's sole discretion, at any time during the term of the franchise. In the event of such adjustment, franchisee agrees to renew said bond, in an amount as determined by the county, with sureties to be approved by the county, within 30 days after written notice to do so from the county.

C.

Said performance bond shall continue to exist for one year following the director's approval of any sale, transfer, assignment or other change of ownership of the franchise, or of the expiration or termination of the franchise, only for the purpose of assuring franchisee's faithful performance under the terms and conditions of the franchise prior to the date of approval of said change of ownership, or of expiration or termination. The director may release said bond prior to the end of the one-year period upon satisfaction by franchisee of all said obligations under the franchise.

D.

No franchise operations shall commence until franchisee has complied with the aforementioned provisions of this section, and any such operations shall be suspended during any period that franchisee fails to maintain said bond in full force and effect.

E.

It shall be the franchisee's obligation to provide evidence of current bonding coverage.

(Ord. 88-0159F § 1 (part), 1988.)

Failure on the part of the franchisee to procure or maintain insurance and bonding as required under the franchise shall constitute a material breach of the franchise upon which the county may immediately terminate or suspend this franchise.

(Ord. 88-0159F § 1 (part), 1988.)

government securities

in lieu of bond.

At its sole discretion, the county may accept assignments of savings and loan certificates, certificates of deposit, cash deposits, or U.S. government securities in lieu of commercial bonds to meet above bonding requirements. Such alternate bonds shall be made payable to the county and shall be deposited with the county's auditor-controller in the same amount as required on such bond. Assignment of savings and loan certificates shall be subject to all of the Administrative Code provisions set out at Chapter 4.36 of this code. Earnings, if any, on the security provided shall accrue to the franchisee.

(Ord. 88-0159F § 1 (part), 1988.)

A.

In addition to the performance bond required in Section 16.60.140, the county may require a clean, irrevocable letter of credit or establishment of a security fund, to be maintained in an amount to be specified in the ordinance granting the franchise, as security for compliance with time and performance requirements of the franchise. In the event the county withdraws any funds from any such instrument(s), franchisee shall replenish the amount withdrawn within ten business days. The rights reserved with respect to a letter of credit or a security fund are in addition to all other rights of the county.

(Ord. 88-0159F § 1 (part), 1988.)

A.

By acceptance of a franchise granted by the county, the franchisee understands and shall agree that failure to comply with any time and performance requirements as stipulated in this ordinance and the ordinance granting the franchise ("franchise agreement") will result in damages to the county, and that it is and will be impractical to determine the actual amount of such damage in the event of delay or nonperformance. Each of the amounts set forth below has been set in recognition of the difficulty in affixing actual damages arising from breach of the franchise agreement. The franchise agreement may include provisions, where applicable, for liquidated damages to be paid to the county by the franchisee, in the following amounts, or amounts set forth in the franchise agreement, and chargeable to the letter of credit or security fund, should franchisee not make payment within 30 days of written notice by county that the following amounts are due for the following concerns:

Failure to complete system construction in accordance with franchise agreement, unless the director approves the delay due to the occurrence of conditions beyond franchisee's control: $500.00 per day for each day, or part thereof, that the deficiency continues.

Failure to provide data, documents, or reports within ten days after written request, or within such longer time as may be specified in said request: $50.00 per day for each day, or part thereof, that each violation continues.

Failure to test, analyze and report on the performance of the system following a written request pursuant to the franchise agreement within such time as may be specified in said request: $100.00 per day for each day, or part thereof, that such noncompliance continues.

Failure to provide in a continuing manner the type of services proposed in the franchisee's application as incorporated into the ordinance granting the franchise, unless the director approves a delay or change, or the franchisee has obtained a modification of its obligation under Section 625 of the Cable Act: $500.00 per day for each day, or part thereof, that each noncompliance continues.

Failure to construct cable system to an area meeting the density requirements following a written request therefor, within such time as may be specified in said request: $100.00 per day for each day, or part thereof, that each noncompliance continues.

Failure to provide required notices to subscribers: one dollar per subscriber per month for each month, or part thereof, that each noncompliance continues.

Failure to provide current evidence of insurance and bonding: $100.00 per month for each month, or part thereof, that each noncompliance continues. Nothing in this section shall preclude immediate termination or suspension of franchise as provided for under Section 16.60.145 for franchisee's failure to procure or maintain the required insurance and bonding.

Nothing in this section shall preclude further liquidated damages as agreed upon by the parties in the franchise agreement.

B.

If the director determines that the franchisee is liable for liquidated damages, the director shall issue to franchisee by certified mail written notice of intention to assess liquidated damages. Assessments shall begin to accrue as of the date of the written notice and as set forth in said notice. The notice shall set forth the basis for the assessment and give the franchisee a reasonable time in which to remedy the violation.

C.

The franchisee shall have the right to appeal any notice to the director, by certified mail, within 15 days of receipt of notice. The director shall hold an administrative hearing within 60 days of receipt of an appeal. The director's decision shall be final.

D.

If franchisee does not appeal the notice within said 15-day period, franchisee shall pay the amount(s) of liquidated damages as indicated in the notice. If payment is not paid as provided for in this section, county may draw against the letter of credit or security fund in the specified amounts.

(Ord. 88-0159F § 1 (part), 1988.)

A.

The franchise is granted and shall be held and enjoyed upon each and every condition contained in the ordinance granting the franchise and each and every condition contained in this Division 4, and shall ever be strictly construed against the franchisee.

B.

In addition to all other rights and powers retained by the county under this Division or otherwise, the county reserves the right to suspend or revoke and terminate a franchise and all rights and privileges of a franchisee in the event of a material breach of its terms and conditions. In interpreting this section, material provisions shall include all labeled as such and all others, which, under all the facts and circumstances indicated, are a significant provision of the franchise agreement. A material breach by franchisee shall include but shall not be limited to the following:

Violation of any material provision of the franchise or any material rule, order, regulation or determination of the county made pursuant to the franchise;

Attempt to evade any material provision of the franchise or practice any fraud or deceit upon the county or its subscribers or customers;

Failure to begin or complete system construction, reconstruction or system extensions as provided under the franchise;

Failure to provide the types of facilities, equipment or services promised;

Material misrepresentation of fact in the application for or negotiation of the franchise.

The foregoing shall not constitute a material breach if in the opinion of the board the violation occurs without fault of the franchisee or occurs as a result of circumstances beyond its control. Franchisee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its shareholders, directors, officers or employees.

C.

The director, prior to any suspension or revocation and termination of the franchise, shall give to the franchisee not less than ten days' notice in writing of any default thereunder. If the franchisee does not within the noticed period begin the work of compliance or, after such a beginning, does not prosecute the work with due diligence to completion, the board shall hold a hearing, at which the franchisee shall have the right to appear and be heard. Notice of said hearing shall be given to franchisee by certified mail not less than ten days before said hearing.

D.

Upon the conclusion of the hearing, the board may determine whether such conditions are material and essential to the franchise and whether the franchisee is in default with respect thereto and may declare the franchise suspended or revoked and terminated. No revocation and termination shall become effective less than 30 days after the board's declaration to revoke and terminate; and no lapse of time, expenditure or any other thing shall be deemed to give the franchisee any vested right or interest in the continuation of the franchise granted.

(Ord. 88-0159F § 1 (part), 1988.)

Franchisee shall pay the costs incurred by the county for any technical assistance deemed necessary by the county for obtaining independent verification of technical compliance with all franchise imposed standards.

(Ord. 88-0159F § 1 (part), 1988.)

A.

Franchisee shall inform the director of any pending sale, transfer, lease, assignment, hypothecation, placing in trust or change in control, except as excluded in subsection B. Transferor and transferee must file an application for director's consent to transfer control of or assign the franchise as set forth in subsections D and E. Such applications shall be accompanied by the fees required in Section 16.62.025(A) and shall be signed by duly authorized representative(s) and the signature(s) acknowledged by a notary.

Franchisee shall file with director a certified copy of the duly executed instrument of such sale, transfer, assignment, lease, hypothecation, trust or change in control within 30 days of the effective date of such sale, transfer, assignment, lease, hypothecation, trust or change in control. If such duly executed instrument is not filed with the director within 30 days after the effective date of such sale, transfer, assignment, lease, hypothecation, trust or change in control, then upon the expiration of said 30 days, the franchise shall be subject to forfeiture and the board may, without notice, by ordinance repeal the franchise.

As a condition to the granting of consent to such sale, transfer, assignment, lease, hypothecation, trust or change in control, the board may impose such additional terms and conditions upon the franchise and upon the grantee or assignee which the director recommends or the board deems to be in the public interest. Such additional terms and conditions shall be expressed by ordinance. Nothing herein contained shall be construed to grant to the franchisee the right to sell, transfer, assign, lease, hypothecate, place in trust or change control of the franchise or any part thereof, except in the manner aforesaid. This section applies to any assignment, whether by operation of law, by voluntary act of the franchisee, or otherwise.

B.

Shareholders and/or partners of franchisee may transfer, sell, exchange, assign or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, divestment or other change is effected in such a way as to give control of or 25 percent or more interest in franchisee to any persons, corporation, partnership or legal entity other than the controlling interest therein on the effective date of the franchise or the effective date of last assignment, sale, transfer, or other action which required board's or director's consent, consent thereof shall be required.

C.

Consent to any such transfer shall only be refused if the director finds that the franchisee is in noncompliance with terms and conditions of the franchise and/or that the transferee is lacking in experience and/or financial ability to operate the cable television system authorized by the franchise.

D.

Transferor's (assignor's) application shall include:

Identification and ownership of transferee. In its application for consent, transferor shall identify the transferee and its ownership in the same detail as if transferee were an applicant for an initial grant.

A copy of the complaint record as identified in Section 16.68.120(D).

Financial Statements. Current financial statements showing the financial condition of the franchise as of the date of the application. Transferor shall also agree to submit financial statements showing the condition of franchise as of the closing. Said financial statements shall have been audited and certified by an independent certified public accountant, and shall be submitted within 90 days of the closing.

The submittal of a final accounting and report of franchise fees set forth in Chapter 16.64 within 30 days of the effective date of approval of transfer/assignment of the franchise, or of the date of close of the transfer/assignment. The transferee shall be responsible for any underpayment, and shall be entitled to a credit for any overpayment.

E.

Transferee's (assignee's) application shall include:

A specific and complete response to the criteria set forth in Section 16.62.020 (Contents of application) in as complete a form as if transferee were applying for an initial franchise.

Current financial statements of proposed transferee and other such information and data, including but not limited to sources of capital, as will demonstrate conclusively that transferee has all the financial resources necessary to acquire the cable television system, carry out all of the terms and conditions of the franchise, remedy any and all defaults and violations of the provisions of this division and of the ordinance granting the franchise in the transferor's past and present operations, make such other improvements and additions as may be required or proposed in the services and facilities, including but not limited to upgrading, rebuilds, and extensions of facilities and equipment.

A statement of any changes in rates and charges which transferee proposes to make during the first three years following approval of the transfer or assignment.

An express and unconditional written acceptance of the terms and conditions of the existing franchise, and the franchise as modified, as a condition to the transfer, accompanied by such guarantees as meet the requirements of Section 16.60.110(A) and (B).

A summary of the plans and commitments of the transferee to remedy the specific defaults and violations, if any, in the operations of the cable operator (transferor) under the existing franchise.

(Ord. 88-0159F § 1 (part), 1988.)

In the event a franchisee acquires an additional franchise which results in the overlapping in whole or in part of any franchise service area(s), the director shall determine which of the two franchises shall prevail as to the overlapping area(s), and the franchise service area granted in the nonprevailing franchise shall be reduced by ordinance to delete the overlapping area(s).

(Ord. 88-0159F § 1 (part), 1988.)

A.

The franchisee, during the term of the franchise, within 60 days after the expiration of each calendar year, shall file with the county auditor-controller and the department, one copy to each, of a report verified by the oath of the franchisee, or by the oath of a duly authorized representative of the franchisee, setting forth in detail the computation of the amount of the franchise payment due for the immediately preceding calendar year. For each physically separate transmission and distribution system, any portion of which is located within the franchise area, the report shall contain:

A detailed profit and loss statement showing all gross receipts and expenses derived from the franchisee's franchise operations during the reporting period.

The total number of service connections in operation as of the last day of the calendar year.

B.

Franchisee shall also provide on request such additional data as is reasonably necessary in the opinion of the county auditor- controller to calculate or verify the calculation of the annual payment required by Section 16.64.010.

(Ord. 88-0159F § 1 (part), 1988.)

Franchisee shall file with director or department, as applicable, the following reports:

A.

An annual cable report, including but not limited to an annual status report, and a construction report, if applicable, in a form prepared by the director, to the department on or before January 31st of each year, or as determined by department. Franchisee shall include a copy of the most recent annual Equal Employment Opportunity report filed pursuant to Section 634 of the Cable Act.

B.

Other reports, documents, data and annual proof of performance as deemed necessary by director for the administration and review of franchisee's performance under the terms and conditions of the franchise.

C.

Within 60 days of the effective date of the ordinance granting the franchise, franchisee shall begin submittal to the department of a monthly construction activity report reflecting the construction status for the preceding month. The report shall include the status of permits, number of miles constructed, number of homes passed, any conditions which may affect the construction schedule, and any other information required by the director. Unless otherwise instructed by the director, such monthly reports will be required until completion of construction activities.

D.

After completion of initial construction, at such times as construction or reconstruction activities are undertaken during the term of the franchise, franchisee shall be required to submit quarterly construction reports containing the information required in subsection C.

(Ord. 88-0159F § 1 (part), 1988.)

The franchisee, during the term of the franchise, within 60 days after the expiration of each calendar year, shall:

A.

File a report with the director of public works, which shall contain a street and highway map or maps of any convenient scale on which shall be plotted the location of the headend facilities and the entire transmission and distribution system or systems covered by the report as of the last day of the franchise payment period, with all that part of said system or systems located in county highways indicated by distinctive coloration or symbols. The submission of this map or maps for general reference purposes shall not relieve franchisee of the obligation to file with the director of public works the more detailed map or maps required by Section 16.38.120, as incorporated by reference herein. Franchisee shall also provide on request such additional data as is reasonably necessary in the opinion of the county auditor-controller to calculate or verify the calculation of the annual payment required by Section 16.64.020.

B.

File with the director of public works a report in duplicate showing:

The permit number of each permit obtained for the doing of any work under the franchise for which a permit is required during the immediately preceding franchise report period;

The lineal length of lines and cables installed pursuant to each permit during the immediately preceding franchise report period.

(Ord. 88-0159F § 1 (part), 1988.)

A.

Franchisee shall indemnify and hold county harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, claimed or arising from any negligent or intentional act or omission of franchisee, its officers, employees, agents or subcontractors, arising from activities or work conducted pursuant to the franchise.

B.

Franchisee shall indemnify, defend and save harmless the county, its officers, agents and employees, from and against any and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with activities or work conducted or performed pursuant to the franchise and arising out of such activities or work, and from any and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or resulting to any person, firm or corporation for damage, injury or death arising out of franchisee's franchise operations.

(Ord. 88-0159F § 1 (part), 1988.)

In addition to the provisions of Section 16.60.170, any time a franchisee applies for a change in territory, service area, or bonding, the board may impose such additional terms and conditions upon the franchisee and upon the grantee or assignee which the board may deem to be in the public interest. Such additional terms and conditions shall be expressed by ordinance.

(Ord. 88-0159F § 1 (part), 1988.)

Notwithstanding the granting of a franchise, the franchisee shall not be authorized to do any work under the franchise for which the issuance of a permit is required unless such a permit is issued for such work. Additional bonding, certificates of deposit, evidences of insurance or other documentation may be required by other county departments prior to the issuance of such permits. The franchisee shall not have an absolute right to the issuance of such a permit.

(Ord. 88-0159F § 1 (part), 1988.)

Unless the ordinance granting the franchise provides otherwise, the franchise shall authorize the exercise of the rights and privileges granted by the franchise in the service areas, highways, public properties and public easements as may be described in the ordinance granting the franchise and such additional service areas, highways, public properties and public easements as may from time to time be approved by the board.

(Ord. 88-0159F § 1 (part), 1988.)

A.

The county, or its successor in authority, including any city now existing or hereafter formed in the territory included in the franchise, (hereinafter collectively called "county"), upon termination or forfeiture of the franchise, or at any time during the term of the franchise and, after five years from the effective date of the ordinance granting the franchise, shall have the option to purchase all or part of the franchise property, upon making reasonable compensation therefor. County's right to purchase the franchise property hereunder shall not be construed as a waiver of any other rights county may have. In the event the county elects to purchase the franchise property in accordance herewith, the compensation shall be computed as provided in Part 3, Title 7, Chapter 9, Article 4 of the Code of Civil Procedure of the state of California, provided further, that such purchase shall be at an equitable price, which shall not include compensation for loss of goodwill or any valuation of the franchise itself or of any of the rights or privileges granted by the franchise. Other terms and conditions of the sale shall be mutually agreed upon by the parties.

B.

Notwithstanding the foregoing, in the case of any franchise granted after December 29, 1984, if a renewal of said franchise is denied, any acquisition of the cable system by the county shall be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself.

C.

In the event the franchise is revoked and terminated and the county elects not to purchase the franchise property hereunder, franchisee agrees to waive all claims for damages or compensation which it may have against the county as a result of such revocation and termination; provided, however, franchisee does not hereby waive its rights to a judicial determination of the validity of such revocation and termination.

(Ord. 88-0159F § 1 (part), 1988.)

Franchisee shall not make any discrimination, distinction or restriction on account of color, race, religion, sex, ancestry or national origin contrary to the provisions of Section 51 of the Civil Code of the state of California, which is incorporated herein by reference. All applicable provisions of Sections 12900 through 12996 of the Government Code of the state of California (California Fair Employment and Housing Act) are hereby incorporated herein by reference. Franchisee further agrees to comply with applicable antidiscrimination provisions of Section 634 of the Cable Act.

(Ord. 88-0159F § 1 (part), 1988.)

A.

In cases of new construction or property development where utilities are to be placed underground, franchisee(s) shall, if practical, install underground cable at the same time and in the same trenches as the public improvements (e.g., communications, electric, gas, water) are installed.

B.

If franchisee is notified of the date the trenches are available and fails to install its conduit and/or cable within five working days of the date the trenches are available, and the trenches are thereafter closed after the five-day period, the cost of new trenching is to be borne by the franchisee(s).

C.

The requirements of subsections A and B shall not apply unless the property owner offers franchisee the same terms with respect to availability and cost of trenching for undergrounding as are offered to other trench users, if any.

D.

In the event that a subdivider, property developer or an entity owned by, associated with or under the control of a subdivider or developer has a franchise to provide cable services to an area including its property development(s), said franchisee shall be required to make access to the utility trenches in said development(s) available to all franchisees authorized to provide cable services to an area including said development(s). Access shall be provided at the same terms with respect to availability and cost of trenching for undergrounding as is provided to other trench users, if any.

(Ord. 88-0159F § 1 (part), 1988.)

The franchisee shall not be excused from complying with any of the requirements of the ordinance by any failure of the county on any one or more occasions to insist upon or seek compliance with any such terms or conditions.

(Ord. 88-0159F § 1 (part), 1988.)

At any time during the initial franchise term, but no later than 36 months prior to the expiration of said initial franchise term, the county and the franchisee may agree to renegotiate all or any part of the franchise. The franchisee shall submit a copy of the complaint record as identified in Section 16.68.120(D). As a result of such negotiation, the board may grant by ordinance an extension of the franchise term for a period of up to 15 years, subject to the franchisee's agreement to comply fully with the franchise and all amendments or other modifications to the franchise as may be agreed upon by the parties. The provisions of Chapter 16.69 shall not apply to this section.

(Ord. 88-0159F § 1 (part), 1988.)

It shall be unlawful for any person to make or use any unauthorized connection, whether physically, acoustically, inductively or otherwise, with any part of a cable television system for which a franchise has been issued, for the purpose of taking or receiving or enabling himself or others to receive or use any television signals, radio signals, picture, program or sound, without payment to the owner of said system.

(Ord. 88-0159F § 1 (part), 1988.)

It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, injure or vandalize any part of such a cable television system including any cables, wires or equipment used for distribution of television signals,

radio signals, pictures, programs or sound.

(Ord. 88-0159F § 1 (part), 1988.)

Enforcement shall be according to appropriate federal, state or local law.

(Ord. 88-0159F § 1 (part), 1988.)

If any provision of the franchise or the application of the franchise to any person or circumstance is held invalid by a court of competent jurisdiction or is not in compliance with any requirement of the Public Utilities Commission of the state of California, the Federal Communications Commission, or any other federal or state body or agency having jurisdiction over franchisee's franchise activities, the remainder of the franchise, or the application of the franchise to persons or circumstances other than those to which it is held invalid or not in such compliance, shall not be affected thereby.

(Ord. 88-0159F § 1 (part), 1988.)