Manteca Municipal Code Ch. 5.28 Community Antenna Television Systems

For the purposes of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number:

"CATV"

means a community antenna television system as defined in subsection C of this section.

"City"

means the city of Manteca, a municipal corporation of the state, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporate form.

"Community antenna television system"

means a system of antenna, coaxial cables, wires, wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as contemplated in this chapter. "CATV system" also means or includes the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television."

"Council"

means the present governing body of the city or any future board constituting the legislative body of the city.

"Franchise"

means and includes any authorization granted under this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the city. Any such authorization, in whatever term granted, means and includes any license or permit required for the privilege of transacting and carrying on a business within the city in accordance with Chapters 5.04, 5.08. 5.12 and 5.16.

"Grantee"

means the person, firm or corporation to whom or which a franchise, as defined in this section, is granted by council under this chapter, and the lawful successor, transferee or assignee of the person, firm or corporation.

"Property of grantee"

means all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.

"Gross annual receipts"

means any and all compensation and consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the city, including within the definition of "gross annual receipts" any moneys received for installation and line extension charges. "Gross annual receipts" shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit.

"Street"

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

"Subscriber"

means any person or entity receiving for any purpose the CATV service of a grantee.

(Prior code § 7A-1)

When and in the event that the grantee of any franchise granted hereunder constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, the grantee shall be required to comply with all of the provisions of this chapter as a licensee and in such event whenever the term "grantee" is used in this chapter it means and includes licensee.

(Prior code § 7A-2)

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

B. No provision of this chapter may be deemed or construed as to require the grantee of a franchise when in the opinion of the council it is in the public interest to restrict the number of grantees to one or more.

(Prior code § 7A-3)

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

B. The grantee may make charges for construction, installation, or connection to its CATV system and a fixed monthly subscriber service charge for the first year following the date of delivery of service pursuant to the initial grant of a franchise as filed and approved by the council.

For the remainder of the term of any franchise granted pursuant to the provisions of this chapter, the grantee may charge rates and establish rate structures exempt from regulations by the city provided that it:

1. Provides twenty or more channels to the cable television subscriber;

2. Receives or has contracted to receive television signals by satellite earth receiving station;

3. Has a subscriber penetration ratio of less than seventy percent certified by the cable television system, subject to review by the city;

4. If providing or has agreed promptly to provide a community services channel.

C. The granting of a franchise pursuant to this chapter shall not be construed as permission or authority to enter on, occupy, or otherwise utilize private property without the express consent of the owner or agent in possession thereof.

(Prior code § 7A-4)

A. No franchise granted by the council under this chapter shall be for a term longer than fifteen years following the date of acceptance of such franchise by the grantee or the renewal thereof.

B. Any such franchise granted under this chapter may be terminated prior to its date of expiration by the council in the event that the council has found, after a public hearing, that:

1. After written notice from the city of an alleged violation and a thirty-day opportunity to cure the violation, the grantee has failed to comply with any provision of this chapter, or has, by act or omission, violated any term or condition of any franchise or permit issued under this chapter; or

2. Any provision of this chapter has become invalid or unenforceable and the council further finds that such provision constitutes a consideration material to the grant of the franchise; or

3. The city acquires the CATV system property of the grantee.

(Prior code § 7A-5)

A. Any grantee granted a franchise under this chapter shall pay to the city, during the life of such franchise, a sum equal to three percent of the gross annual receipts of the grantee unless otherwise agreed to by the grantee and city. Such payment by the grantee to the city shall be made annually, or as otherwise provided in the grantee's franchise agreement, by delivery of the same to the director of finance of the city. All payments made under this chapter shall be made in lieu of any business license, occupation tax or similar levy.

B. The grantee shall file with the city, within ninety days after the expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing in detail the gross annual receipts, as defined in this chapter, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the city, within fifteen days after the time for filing such statements, the sum prescribed in this section or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

C. The city shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for the performance of any other obligation under this chapter.

D. In the event of any holding over after expiration or other termination of any franchise granted under this chapter, without the consent of the city, the grantee shall pay to the city reasonable compensation and damages, of not less than one hundred percent of its total gross profits during the period.

(Prior code § 7A-6)

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

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

C. Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

D. Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the city clerk within thirty days after any such transfer or assignment. The consent of the council may not be arbitrarily refused; provided, however, that the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.

E. Time shall be of the essence of any such franchise granted under this chapter. The grantee shall not be relieved of this obligation to comply promptly with any of the provisions of this chapter or by any failure on the city to enforce prompt compliance.

F. Any right or power in, or duty impressed upon, any officer, employee, department, or board of the city shall be subject to transfer by the city to any other officer, employee, department or board of the city.

G. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued under this chapter or because of its enforcement.

H. The grantee shall be subject to all requirements prescribed by federal, state, city and local law hereto or hereafter enacted or established during the term of any franchise granted under this chapter. Copies of all petitions, applications, and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or commissions or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise shall also be submitted simultaneously to the city clerk.

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

J. Any franchise granted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by grantee, or any successor to any interest of grantee, or pertaining to the construction, operation or maintenance of any CATV system in the city; and the acceptance of any franchise under this chapter shall operate, as between grantee and the city, as an abandonment of any and all such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between grantee and the city, any and all construction, operation and maintenance by any grantee of any CATV system in the city shall be, and shall be deemed and construed in all instances and respects to be under and pursuant to the franchise, and not under or pursuant to any other right, privilege, powers, immunity or authority whatsoever.

(Prior code § 7A-7)

A. Nothing in this chapter shall be deemed or construed to impair or affect, in any way, to any extent, the right of the city to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this chapter shall be construed to contract any or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.

B. There is reserved to the city every right and power which is required to be reserved or provided by any ordinance of the city, and the grantee, by its acceptance of any franchise, agree to be bound thereby and to comply with any action or requirements of the city in its exercise of such rights or power, heretofore or hereafter enacted or established.

C. Neither the granting of any franchise under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the city from granting any identical, or similar, franchise or any other person, firms or corporation, within all or any portion of the city.

D. There is reserved to the city the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee.

E. Neither the granting of any franchise nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

F. The council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted under this chapter. The city manager is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the city manager may appeal the matter to the council within ten days for hearing the determination. The council may accept, reject or modify the decisions of the city manager and the council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.

G. The city has the right, during the life of any franchise, to install and maintain free of charge upon the poles of the grantee any wire and pole fixtures necessary for police and fire alarm systems, on the condition that such wire and pole fixtures do nor interfere with the CATV operations of the grantee. The city shall assume all liability for damages for personal injuries caused or occasioned by the construction and maintenance of the police and fire alarm systems.

(Prior code § 7A-8; Amended during 2009 republication)

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

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

C. Within one hundred eighty days after the commencement of construction and installation of the system, grantee shall proceed to render service to subscribers and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in Section 5.28.190, shall be provided within one year from the date that service was first provided.

D. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth in this chapter, shall be grounds for termination of such franchise, under and pursuant to the terms of Section 5.28.050; provided, however, that the council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his or her control.

(Prior code § 7A-9)

A. Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the director of public works acting in the exercise of this reasonable discretion.

B. In those areas and portions of the city where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this subsection, "underground" includes a partial underground system, e.g., streamlining. Amplifiers in grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the director of public works. The city shall not in any manner be responsible for any costs incurred by grantee in placing grantee's facilities underground.

C. All transmission and distribution structures, lines and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the streets, alleys or other public ways and places.

D. In the case of disturbance of any street, sidewalk, alley, public way or paved area, the grantee shall, at its own cost and expense and in a manner approved by the director of public works replace and restore such street, sidewalk, alley, public way, or paved area in as good a condition as before the work involving such disturbance was done.

E. If at any time during the period of a franchise the city shall lawfully elect to alter or change the grade of any street, sidewalk, alley or the public way, the grantee, upon reasonable notice by the city, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

(Prior code § 7A-10)

A. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee's franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given thirty days' notice, remove from the streets or public places all such property and poles of such system other than any which the director of public works may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the director of public works.

B. Any property of the grantee remaining in place sixty days after the termination or expiration of the franchise shall be considered permanently abandoned. The director of public works may extend such time not to exceed an additional thirty days' extension.

C. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the director of public works shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the city, and the grantee shall submit to the director of public works an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property.

(Prior code § 7A-11)

The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, any property of the grantee when required by the director of public works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or other type of structures or improvements by public agencies; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.28.110.

(Prior code § 7A-12)

Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the director of public works, the director of public works may, at his or her option, cause such work to be done and the grantee shall pay to the city the cost thereof in the itemized amounts reported by the director of public works to the grantee within thirty days after receipt of such itemized report.

(Prior code § 7A-13)

A. The grantee shall pay and by its acceptance of a franchise the grantee specifically agrees that it will pay all damages and penalties which the city may legally be required to pay as a result of granting the franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation or maintenance of the CATV system, whether or not any act or omission complained of is authorized, allowed or prohibited by the franchise.

B. The grantee shall pay and by its acceptance of this franchise specifically agree that it will pay all expenses incurred by the city in defending itself with regard to all damages and penalties mentioned in subsection A of this section. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the city attorney or his or her assistants or any employees of the city.

C. The grantee shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain through the term of the franchise a general comprehensive liability insurance policy in protection of the city, its officers, boards, commissions, agents and employees, in a company approved by the city attorney and in a form satisfactory to the city attorney, protecting the city and all persons against liability for loss or damage for personal injury, death or property damage occasioned by the operations of grantee under this franchise, in the amounts of:

1. One million dollars for bodily injury or death to any one person, within the limit, however, of one million dollars for bodily injury or death resulting from any one accident, and

2. Two hundred fifty thousand dollars for property damage resulting from any one accident.

D. The insurance policy mentioned in subsection C of this section shall contain an endorsement stating that the policy is extended to cover the liability assumed by the grantee under the terms of the franchise, and shall contain an endorsement as follows:

It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof reduced until 30 days after receipt by the City Clerk of the City of Manteca, City Hall, Manteca, California, by registered mail, of a written notice of such cancellation or reduction in coverage.

E. The grantee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain throughout the term of the franchise a faithful performance bond running to the city, with a surety approved by the city, in the penal sum of twenty-five thousand dollars conditioned that the grantee shall well and truly observe, fulfill and perform each term and condition of the franchise and that in case of any breach of condition of the bond, the amount thereof shall be forfeited to the city as liquidated damages. The bond shall provide that thirty days' prior written notice of cancellation, intention not to renew or material change, shall be given to the city by registered mail.

F. The form of the bond obtained by the grantee in compliance with this section must be approved by the city attorney. The bond and a certificate of insurance evidencing the insurance policy mentioned in subsection C of this section, and written evidence of payment of required premiums, shall be filed and maintained with the city clerk during the term of the franchise.

G. Neither the provisions of this chapter, nor any bond accepted by the city pursuant thereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued under this chapter or for damages, either to the full amount of the bond or otherwise. The council may at any time waive or reduce the amount of the bond provided for by this section.

(Prior code § 7A-14)

A. At all reasonable times, the grantee shall permit any duly authorized representative of the city to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which pertain to subscriber lists, locations of lines, gross receipts and other financial records with respect to its franchise. If any such maps or records are not kept in the city, or upon reasonable request made available in the city, and if the council determines that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

B. The grantee shall prepare and furnish to the director of public works at the times and in the form prescribed by the director of public works such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise.

C. The grantee shall at all times make and keep in the city full and complete plans and records showing the exact location of all CATV system equipment installed and in place in streets and other public places of the city.

D. The grantee shall file with the director of public works on or before the first anniversary date of the franchise, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the city.

(Prior code § 7A-15)

The CATV system shall be installed and maintained in accordance with the highest and best accepted standard of the CATV industry to the effect that subscribers shall receive the highest quality service technically possible. Such standards shall comply with Federal Communications Commission regulations which are incorporated by reference and made a part hereof as if fully set out.

(Prior code § 7A-16)

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

B. Grantee shall, without charge, provide all basic subscriber services of its system, including a multiple connection service, to all public and nonprofit private schools, city police and fire stations, city recreation centers, and such other buildings owned or controlled by the city, which shall from time to time be designated by the city manager; provided, that such buildings shall be located within the franchise area. Grantee shall install, without charge to city or such public or private schools, up to two hundred feet of aboveground service connection from the transmission cable otherwise maintained or required to the maintained by grantee for the service of paying subscribers of grantee. The city or any such public or private schools shall pay to grantee the costs of all labor and materials supplied by grantee for the installation of any service connection in excess of the initial two hundred feet of aboveground service connection.

C. In the case of any emergency or disaster, the grantee shall upon request of the city manager, make available its facilities to the city for emergency use during the emergency or disaster period.

D. The grantee shall not engage directly or indirectly in the business of selling, leasing, renting, furnishing, providing, repairing or servicing any television, radio or other receiving apparatus or any component part thereof within the city except the receiving apparatus or component required for the reception of its service; and such prohibition shall extend and apply to the officers and directors of grantee, to all general and limited partners of grantee, to any person or combination of person owning, holding or controlling five percent or more of any corporate stock or other ownership interest of grantee, or any affiliated or subsidiary entity, owner or controlled by grantee, or in which any officer, director, stockholder, general or limited partner, or person or group of person holding, or controlling any ownership interest in grantee, shall own, hold or control five percent or more of any corporate stock or other ownership interest; and such prohibition shall likewise apply to any person, firm or corporation acting or serving in the capacity of a holding or controlled company of grantee.

E. The grantee shall, prior to deleting, amending or adding any program source, give the city council a thirty-day notice of its intention. The city council may register its protest within thirty days of receiving the notice, and grantee shall be prohibited from making any change until such time the proposed change has been heard at a public hearing before the city council.

F. The grantee shall maintain an office within the city limits or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be promptly available to subscribers.

G. No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable installation or connection fee or monthly service charge; nor to any subdivider who fails to pay the applicable construction charges.

H. Before the grantee shall provide service to any subscriber, grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:

Subscriber understands that in providing service grantee is making use of public rights-of-way within the city of Manteca, and that the continued use of these public rights-of-way is in no way guaranteed. In the event the continued use of such rights-of-way is denied to grantee for any reason, grantee will make every reasonable effort to provide service over alternate routes. Subscriber agrees he or she will make nor claim nor undertake any action against the city, its officers, its employees, or grantee if a service to be provided by grantee hereunder is interrupted or discontinued because the continued use of such rights-of-way is denied to grantee for any reason. The form of grantee's contract with its subscribers shall be subject to approval of the city attorney with respect to the inclusion of this provision.

(Prior code § 7A-17)

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the city clerk. Existing utility poles shall be used where possible. The grantee shall be allowed to construct its own poles in the event it is denied permission to attach to poles owned by a public utility, only after prior approval of the director of public works.

(Prior code § 7A-18)

A. The city may prescribe, at its sole discretion, application standards. The city's acceptance or action on an application deems its acceptance. Application standards include:

1. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main officers, major stock holders and associates, the names and addresses of parent and subsidiary companies;

2. A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposed to construct, install, maintain and operate the same; and particularly, the intent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

3. A description, in detail, of the public streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specified location thereof;

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

5. A statement or schedule in a form approved by the city manager of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required or requested, an additional charge over that normally charged for installation as specified in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the city, service may be made available on the basis of cost of materials, labor, and easements if required by the grantee. The decision of the city council as to what shall be remote or relatively inaccessible under this subdivision shall be final;

6. A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, or conduits;

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

8. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing applicant's financial status and his or her financial ability to complete the construction and installation of the proposed CATV system.

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

C. Upon consideration of any such application, the council may refuse to grant the requested franchise or the council may by ordinance grant a franchise for a CATV system to any such applicant as may appear from the application to be in its opinion best qualified to render property and efficient CATV service to television viewers and subscribers in the city. The council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.

D. Any franchise granted pursuant to this chapter shall include the following condition:

The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance of the City of Manteca and no other purpose whatsoever.

Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter.

E. Prior approval of the city council shall be required where ownership or control of more than thirty percent of the right of control of grantee is acquired by a person to group of persons acting in concert, none of whom already own or control thirty percent or more of such right of control, singularly or collectively. By its acceptance of the franchise the grantee agrees that any such acquisition occurring without prior approval of the city council shall constitute a violation of the franchise by the grantee.

(Prior code § 7A-19)

Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required in this chapter for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the council may at its option waive compliance with any or all of the requirements of Section 5.28.190.

(Prior code § 7A-20)

A. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the same has become effective and, in addition, unless and until all things required in this section and Section 5.28.140 are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any such franchise granted under this chapter. In the event any of such things are not done and completed in the time and manner required, the council may declare the franchise null and void.

B. Within thirty days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the council in its discretion may authorize, the grantee shall file with the city clerk his or her written acceptance, in form satisfactory to the city attorney, of the franchise, together with the bond and insurance policies required by Section 5.28.140, and his or her agreement to be bound by and to comply with and to do all things required of him by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the city attorney.

(Prior code § 7A-21)

A. From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this city any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

B. From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person to construct, install or maintain within any public street in the city, or within any other public property of the city, or within any privately owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

C. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this city for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of the system.

D. It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

(Prior code § 7A-22)