Los Gatos Municipal Code Art. XI Miscellaneous Provisions

Notwithstanding any other provisions of this chapter or a franchise issued hereunder to the contrary, the grantee shall at all times comply with all laws and regulations of the State and Federal Government or any administrative agencies thereof.

(Code 1968, § 9.120.010)

(a) Should the State, the FCC, or any other agency of the State or Federal Government or a court of competent jurisdiction require or allow grantee to perform or cease to perform any act which is inconsistent with any provisions of this chapter or a franchise, grantee shall so notify grantor. Upon receipt of such notification, grantor shall determine if a material provision of the franchise is affected. Upon such determination, grantor shall have the right to modify any of the provisions of this chapter or a franchise to such reasonable extent as may be necessary to carry out the full intent and purpose of the franchise. Grantee agrees to fully cooperate in pursuing any modifications or amendments of the franchise as may be necessary to carry out the intent of the parties thereto. Grantor may terminate the franchise in the event grantor reasonably determines a substantial material compliance with the original proposed terms of the franchise has been frustrated by such State or Federal requirements. For the purposes of this section, and not by way of limitation, any provision of this chapter, or any franchise granted pursuant to it, which relates to the prepayment of franchise fees, public access or local fees, or any other financial inducement to the grantor or its agents under the terms of this chapter or a franchise, shall be deemed to be material and any preemption or nullification of any of these provisions shall be deemed to be grounds for amendment and/or termination pursuant to this section.

(b) Any determination by the grantor under this section shall be based upon written findings, and such findings shall be based on substantial evidence.

(Code 1968, § 9.120.015; Ord. No. 1772, § 10, 12-5-88)

All notices from grantee to the grantor pursuant to this chapter or a franchise shall be to the Town Clerk. Grantee shall maintain with the grantor, throughout the term of the franchise, an address for service of notices by mail. Grantee shall also maintain within the franchise territory, a local office and telephone number for the conduct of matters related to this chapter or a franchise during normal business hours.

(Code 1968, § 9.120.020)

Minimum public notice of any public meeting relating to the franchise shall be by publication at least once in a newspaper of general circulation in the area at least ten (10) days prior to the meeting, posting at the Town Hall, and by announcement on at least two (2) channels of the grantee's cable communications system between the hours of 7:00 p.m. and 9:00 p.m., for five (5) consecutive days prior to the meeting.

(Code 1968, § 9.120.025)

The grantee shall have no recourse whatsoever against the grantor or its officials, boards, commissions, agents, or employees for any loss, costs, expense, or damage arising out of any provision or requirement of the franchise or because of the enforcement of the franchise.

(Code 1968, § 9.120.030)

The grantee shall not be relieved of its obligation to comply with any of the provisions of this permit by reason of any failure of the grantor to enforce prompt compliance.

(Code 1968, § 9.120.035)

(a) No person, whether or not a subscriber to the cable system, may intentionally or knowingly damage or cause to be damaged any wire, cable, conduit, equipment or apparatus of grantee, or commit any act with intent to cause such damage, or to tap, tamper with or otherwise connect any wire or device to a wire, cable, conduit, equipment and apparatus, or appurtenances of grantee with the intent to obtain a signal or impulse from the cable system without authorization from or compensation to the grantee, or to obtain cable television or other communications service with intent to cheat or defraud grantee of any lawful charge to which it is entitled.

(b) Any person convicted of violating any provision of this section is subject to a fine of not more than five hundred dollars ($500.00) for each offense. Each day's violation of this section shall be considered a separate offense.

(Code 1968, § 9.120.040)