Marin County Municipal Code Ch. 5.28 Community Antenna Television and Radio Systems

Unless otherwise indicated in this chapter, the following terms have the following meanings:

(a) "Board" means the Marin County Board of Supervisors;

(b) "CATV" means "community antenna television system," which is defined as a system of antenna coaxial cables or other electrical conductors and equipment used, or to be used, primarily to receive television or radio signals directly or indirectly off-the-air and transmit them together with locally originated programs to subscribers within the unincorporated area of Marin;

(c) "Gross annual receipts" means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by Viacom from subscribers or users in payment for television or FM radio signals or service, received within the city/town/county, excluding:

(1) Installation and line extension charges;

(2) Refundable deposits;

(3) Revenues subject to taxation under Part 22 of Division 2 of the California Revenue and Taxation Code (relative to intrastate telecommunications services); and

(4) Taxes collected by Viacom from subscribers or other persons on behalf of any local, state or federal taxing authority.

(d) "Service area" means the unincorporated area of this county in which a licensee is authorized, pursuant to this chapter, to construct, maintain and operate a CATV system.

(Ord. 2900 § 1, 1986: Ord. 1746 § 1, 1970: Ord. 1554 § 1 (part), 1966)

(a) Marin County community antenna television system joint powers authority is established. The joint powers authority shall consist of one member of each of the governing bodies of the cities and towns of Marin County that have granted cable franchises of licensee and one member of the board of supervisors of Marin County. Terms of appointment shall be determined by the appointing powers.

(b) The joint powers authority shall review performance to insure compliance with this chapter and other related agreements and to facilitate the adopting of a uniform CATV ordinance by each member of the Marin County CATV joint powers authority.

(c) Employees of licensee shall not be eligible to serve on the joint powers authority.

(d) California Government Code Section 6508.1 shall control the liabilities, debts and obligations of the parties to the agreement.

(Ord. 2900 § 2, 1986: Ord. 2737 § 2, 1982; Ord. 2697 § 1 (part), 1982)

When and in the event the grantee of any license granted hereunder uses in his CATV system distribution channels furnished to the grantee by a telephone company pursuant to tariff or contract on file with the Public Utilities Commission of the state of California and the grantee makes no use of the streets independent of such telephone company furnished facilities, the grantee shall be required to comply with all of the provisions hereof as a "licensee" and in such event whenever the term "grantee" is used herein it shall be deemed to mean and include "licensee." No provision of this chapter shall be deemed or construed as requiring the granting of a franchise hereunder to a telephone company furnishing such a channel service.

(Ord. 1554 § 1 (part), 1966)

Exclusive licenses to construct, operate and maintain CATV systems within all or any portion of the unincorporated area of the county may be granted by the board to any person, firm or corporation which offers to furnish and provide such systems under and pursuant to the terms and provisions of this chapter, provided, however, that the board may grant nonexclusive franchises when, in its judgment, the condition of the area, public convenience and necessity warrants it.

(Ord. 1746 § 2, 1970: Ord. 1554 § 1 (part), 1966)

Any license granted, pursuant to the provisions of this chapter shall authorize and permit the licensee to engage in the business of operating and providing a CATV system in the county 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, where county's interest therein will support the grant of license, such facilities as may be necessary and appurtenant to the CATV system; and, in addition, 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 licensee permitted to do business in the county.

The granting of a license pursuant to this chapter shall not be construed as permission or license to enter on, occupy or otherwise utilize private property without the express consent of the owner or occupant thereof.

(Ord. 1554 § 1 (part), 1966)

The licensee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge not to exceed the amount set forth in the application for a license. No increase in rates and charges to subscribers, set forth in the schedule filed and approved with licensee's application, may be made without the prior approval of the board.

(Ord. 2447 § 1, 1979: Ord. 1746 § 3, 1970: Ord. 1554 § 1 (part), 1966)

No license granted by the board shall be for a term longer than twenty years following the date of acceptance of such license by the licensee or the renewal thereof.

Any neglect, failure or refusal to comply with any of the terms or conditions of this chapter including changes or additions thereto during the term of the license by a licensee, following thirty days' notice thereof by the county, shall be grounds for revocation, in addition to such other penalties and rights provided in this chapter; and the board may, after a public hearing thereon, declare the license revoked, and may exclude the licensee from further use or acts thereunder. Thereupon the licensee shall be deemed to have immediately and automatically surrendered all rights hereunder. Revocation shall not of itself operate to release the bond herein required. Subject to the provisions of Section 5.28.190 hereof the licensee shall remove his equipment from the streets within this county within sixty days after receipt of notice of the board's declaration that his license has been revoked. Notice may be given and will be deemed received for the purpose of this section when deposited in the mail, addressed to licensee at the address contained in his application for a license.

(Ord. 1746 § 4, 1970: Ord. 1554 § 1 (part), 1966)

Any licensee granted a license under this chapter shall pay to the county, during the term of such license, a sum equal to five percent of the gross annual receipts of the licensee derived from the service area for which the license is issued. Licensees with less than one thousand subscribers shall pay a franchise fee of three percent. Such payment by the licensee to the county shall be made annually. In addition, county and all public schools within the county shall, upon request, receive CATV reception service without charge from licensee in the amount of one primary outlet per school during the term of his license.

(Ord. 2694 § 1, 1982: Ord. 2169 § 1, 1975: Ord. 1746 § 5, 1970: Ord. 1554 § 1 (part), 1970)

The licensee shall file with the county, within ninety days after the expiration of any fiscal year or portion thereof during which such license is in force, a financial statement prepared by a certified public accountant showing, in detail, licensee's gross annual receipts as specified herein, during the preceding fiscal year or portion thereof. It shall be the duty of the licensee to pay to the county within fifteen days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof covered by such statements. The county shall have the right to inspect the licensee's records from which gross receipts are computed. Acceptance of any payment shall not be construed as a release or as an accord and satisfaction of any claim the county may have for further or additional sums payable under this chapter, or for the performance of any other obligation hereunder.

(Ord. 1554 § 1 (part), 1966)

No privilege or exemption is granted or conferred by any license granted under this chapter except those specifically prescribed in this chapter. Any privilege claimed under a license granted pursuant to this chapter in any street shall be subordinate to any prior or subsequent lawful occupancy of the street for public purposes.

(Ord. 1554 § 1 (part), 1966)

A licensee shall not sell, transfer, lease, dispose of, or assign its license or rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation, or otherwise, without the prior written consent of the board pursuant to such conditions as may therein be prescribed, and then only by a duly executed instrument, filed with the board. The consent will not be unreasonably withheld. The provisions of this chapter shall inure to and be binding upon any assignee who must agree in writing to comply with all of the provisions.

(Ord. 1554 § 1 (part), 1966)

Any license granted pursuant to this chapter is subject to all provisions, regulations and conditions prescribed by any law heretofore and hereafter enacted or established during the term of any license granted. Nothing contained herein shall excuse the licensee from securing any permit required by Title 13. Any such license granted shall not relieve the licensee of any obligation involved in obtaining pole space from any department of the county, utility company, or from others maintaining poles in streets.

(Ord. 1554 § 1 (part), 1966)

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

(Ord. 1554 § 1 (part), 1966)

The licensee shall have no recourse whatsoever against the county, its officers or employees, for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any license issued hereunder or because of its enforcement or for the termination or forfeiture of any license as provided in this chapter.

(Ord. 1554 § 1 (part), 1966)

Nothing in this chapter shall, in any way or to any extent, impair or affect the right of the county to acquire licensee's property either by purchase or through exercise of the right of eminent domain, and nothing herein shall be construed to modify or abridge the county's right of eminent domain with respect to any licensee. Nor shall any license issued hereunder be given any value before any court or public authority in any proceeding of any character except for the purpose of taxation.

(Ord. 1554 § 1 (part), 1966)

During the term of any license, the county may 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 licensee, including the payment of a larger or greater percentage of the gross annual receipts of any licensee for the remaining terms of such license. If this chapter is amended to require additional or greater standards, the licensee within ninety days after the effective date of such amendment shall comply with the new standards.

Prior to adoption of such amendments, the board shall conduct a public hearing thereon. Notice thereof shall be given to all licensees by registered mail directed to each licensee at the address specified on the license application and by publication in a newspaper of general circulation once not less than ten days prior to the hearing, provided, however, that unintentional failure to give such notice shall not affect the validity of any amendments adopted by the board. The hearing may be continued from time to time and the board may direct the Department of Communications to investigate and conduct collateral hearings on technical aspects of the proposed amendments, as it deems appropriate.

(Ord. 1746 § 6, 1970: Ord. 1554 § 1 (part), 1966)

The board may do all things 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 license granted hereunder. The board may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any licensee or from any provision of this chapter.

(Ord. 1554 § 1 (part), 1966)

(a) Within thirty days after acceptance of any license the licensee 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, zoning approval 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, licensee shall commence construction and installation of the CATV system.

(c) Within ninety days after the commencement of construction and installation of the system, licensee 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 in the license, shall be provided within one year from commencement of construction.

(d) Failure on the part of the licensee to commence and meet each of the requirements set forth herein shall work an automatic forfeiture of the license previously granted. A forfeiture shall not of itself operate to release the bond herein required. Upon application by the licensee prior to the forfeiture, the board shall hold a hearing and the board may, in its discretion, extend the time for the commencement and completion of construction and installation.

(Ord. 1746 § 7, 1970: Ord. 1554 § 1 (part), 1966)

(a) Any poles, wires, cable lines, conduits or other properties of the licensee to be installed in streets shall be installed only at such locations and in such manner as shall be approved by the director of public works and shall conform to all applicable laws, including Chapter 13.12.

(b) The licensee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the county 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 county, except those installed or erected upon existing or future public utility facilities, without obtaining the prior written approval of the director of public works and the owner of the property involved.

(c) In those areas and portions of the county 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, the licensee, immediately upon written request by the director of public works, shall construct or reconstruct, operate, relocate and maintain all of his transmission and distribution facilities underground, except that for new structures, the builder, developer, or subscriber, will, at no cost to the licensee, provide trenches for underground distribution and service laterals; conduit, vaults and pedestals, and the necessary installation of conduit, vaults and pedestals. For the purposes of this subsection, "underground" includes a partial underground system, e.g., streamlining. Amplifiers in licensee'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 county shall not in any manner be responsible for any costs incurred by any licensee in placing his property underground.

(d) No poles of any type shall be installed or constructed in connection with said facilities without the prior written consent of the board of supervisors.

(e) Provided the builder or developer has fulfilled its contractual commitment to licensee, licensee shall make cable service available to any new residential unit or units within ninety days from the date of occupancy.

(Ord. 2900 § 3, 1986: Ord. 2169 § 2, 1975: Ord. 1554 § 1 (part), 1966)

(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 this chapter, or the license has been terminated, cancelled or has expired, the licensee shall promptly, upon being given ten 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 licensee 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 licensee remaining in place sixty days after the termination, forfeiture or expiration of the license shall be considered permanently abandoned. The director of public works may extend such time not to exceed an additional thirty days.

(c) Any property of the licensee to be abandoned in place shall be abandoned in such a manner as the director of public works shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the licensee in place, the property shall become that of the county and the licensee shall submit to the director of public works an instrument in writing, to be approved by the county counsel, transferring to the county the ownership of such property.

(Ord. 1554 § 1 (part), 1966)

The licensee shall, upon forty-eight hours' notice, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the licensee 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 any other type of structures or improvements by public agencies; provided, however, that the licensee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the licensee in place, as provided in this chapter.

(Ord. 2900 § 4, 1986: Ord. 1554 § 1 (part), 1966)

Upon failure of the licensee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its license 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 option, cause such work to be done and the licensee shall pay to the county the cost thereof in the itemized amounts reported by the director of public works to the licensee within thirty days after receipt of such itemized report.

The licensee shall at its expense install and maintain adequate shielding, filtering and grounding at affected installations to eliminate within the CATV system television interference from fundamental frequency overload by radio amateur transmissions which are in compliance with Federal Communications Commission regulations.

(Ord. 1746 § 8, 1970: Ord. 1554 § 1 (part), 1966)

The licensee shall, concurrently with the filing of an acceptance of award of any license granted under this chapter, file with the county clerk and at all times thereafter maintain in full force and effect for the term of such license or any renewal thereof, at licensee's sole expense, a corporate surety bond in a company and a form approved by the county counsel, in the amount of fifty thousand dollars renewable annually, providing, in essence, that if licensee shall fail to comply with any one or more of the provisions of this chapter, or of any license issued hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damage or loss suffered by the county as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the licensee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; said condition shall be a continuing obligation for the duration of such license and any renewal thereof and thereafter until the licensee has liquidated all of its obligations with the county that may have arisen from the acceptance of the license or removal by the licensee or from its exercise of any privilege therein granted. The bond shall provide that thirty days' prior written notice of intention not to renew, cancellation, or material change, be given to the county.

Neither the provisions of this section, nor any bond accepted by the county pursuant hereto, nor any damages recovered by the county thereunder, shall be construed to excuse faithful performance by the licensee or limit the liability of the licensee under any license issued hereunder or for damages, either to the full amount of the bond or otherwise.

(Ord. 2900 § 5, 1986: Ord. 1554 § 1 (part), 1966)

(a) Liability Insurance. Licensee shall, concurrently with the signing of this agreement, furnish to the county and file with the county clerk, and at all times during the term of the franchise maintain in full force and effect, at its own cost and expense, insurance coverage as specified in subsection (b), and in a form satisfactory to the county, indemnifying and saving harmless the county, its officers and employees from and against any and all claims, including ones involving inverse condemnation, demands, actions, suits, and proceedings by others, against all liability to others, including but not limited to, any liability for damages by reason of or arising out of any failure by licensee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by licensee's CATV system and against any loss, cost, expense and damage resulting therefrom including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise irrespective of the amount of the comprehensive liability insurance policy required hereunder. This insurance provision may be satisfied by proper endorsement to the comprehensive liability insurance policy required by subsection (b). In the event licensee is unable to secure such insurance, the county may, in lieu thereof, accept an appropriate agreement of indemnification.

(b) Comprehensive Liability Insurance. Licensee shall, concurrently with the signing of this agreement, furnish to the county and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the county, its officers, boards, commissions, agents and employees, in a form satisfactory to the county, protecting the county and all persons against liability, for loss or damage, including bodily injury, property damage, personal injury, contractual liability, business automobile coverage, including owned and non-owned vehicles, products and completed operations liability, broad form property damage and deletion of any limitations with regard to XCU (explosion, collapse and underground) and hazards and workers' compensation coverage for licensee's employees, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at the time before the county approved plans for the installation of license property or after the installation of license property, occasioned by the operations of licensee under such license with minimum liability limits of one million dollars combined single limits.

(c) Additional Insured, Cancellation. The policies or certificates of insurance representing such policies mentioned in the foregoing paragraph shall name the county, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the county thirty days in advance of the effective date thereof; if such insurance is provided by a policy which also covers licensee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability or endorsement. The promise and agreement in this section is not conditioned or dependent on whether or not the county has approved any plan(s) or specification(s) in connection with this franchise, or has insurance or other indemnification covering any of these matters.

(d) Indemnification. By accepting a franchise, licensee agrees to save and hold harmless as set forth in this section the county, its officers, boards, commissions, agents and employees from any and all claims, costs, demands, causes of actions, suits, loss expenses, or other detriment or liability arising from or out of the operations of licensee from any cause whatsoever, including inverse condemnation and in addition to and not in lieu of the surety bond and liability insurance.

(Ord. 2900 § 6, 1986: Ord. 1554 § 1 (part), 1966)

(a) At all reasonable times, the licensee shall permit any duly authorized representative of the county to examine all property of the licensee, together with any appurtenant property of the licensee situated within or without the county and to examine and transcribe any and all maps and other records kept or maintained by the licensee or under its control which deal with the operations, affairs, transactions or property of the licensee with respect to its license. If any such maps or records are not kept in the county, or upon reasonable request made available in the county, and if the board shall determine 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 licensee.

(b) The licensee shall prepare and furnish to the director of communications at the times and in the form prescribed by this officer such report with respects to its operations, affairs, transactions or property as may be reasonable, necessary or appropriate to the performance of any of the rights, functions or duties of the county or any of its officers in connection with the license.

(c) The licensee shall at all times make and keep in the county full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the county.

(d) The licensee shall file with the director of communications upon his demand the current map or set of maps drawn to scale, showing the location of all CATV system equipment installed and in place in licensee's service area and such other information as the department of communications may specify.

(e) 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 director of communications.

(Ord. 1746 § 9, 1970: Ord. 1554 § 1 (part), 1966)

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible level of service. In determining the satisfactory extent of such standards, the following, among other factors, shall be considered:

(a) The system should be installed using all band equipment capable of passing the entire VHF and FM spectrum, and it must have the capability of converting UHF for distribution to subscribers on the VHF band.

(b) The system must produce a picture in black and white, or in color, that is undistorted, free from ghost images, and accompanied with proper sound on typical standard production TV sets in good repair, as good as the state of the art allows. Facilities used by grantee shall be capable of distributing color TV signals, and when the signals are received by the grantee in color they shall be distributed in color. The system shall transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross modulation in the cables or interfering with other electrical or electronic systems.

(c) The system and all equipment must be designed and rated for twenty-four-hour per day continuous operation.

(d) The system must provide a nominal signal level of two thousand microvolts, measured across three hundred ohms, at the input terminals of each TV receiver.

(e) The system signal-to-noise ratio must be not less than forty decibels.

(f) Hum modulation of the picture signal shall be less than five percent.

(g) The system shall employ components having a VSWR of 1.4 or less.

(h) The system shall provide, on a continuous equal basis, all available TV and FM radio channels to the extent allowed by applicable law and regulations.

(i) The system must be maintained so as to limit failures to a minimum by locating and correcting malfunctions properly, but in no event longer than twenty-four hours after notice, except in cases of war, natural disaster or other calamity. Licensee must have equipment capable of demonstrating to subscribers that a signal of adequate strength and quality is being delivered.

(j) There shall be no editing of programs as received by the licensee.

(k) In the case of an emergency or disaster, the grantee shall upon request of the board of supervisors make available his facilities to the county for emergency use during the emergency or disaster period.

(l) Peak-to-peak frequency response variation across any video channel shall be less than four decibels.

(m) Visual signal level variation of adjacent channels shall be less than three decibels.

(n) Visual signal level variation on any channel shall be less than twelve decibels over a twenty-four-hour period.

(Ord. 2169 § 3, 1975: Ord. 1746 § 10, 1970: Ord. 1554 § 1 (part), 1966)

The licensee shall be required to reimburse county for costs incurred by county in investigating subscriber or potential subscriber complaints when it is established to the satisfaction of the director of communications that the licensee has not investigated the complaint and made a reasonable effort to resolve it within three working days from receipt, or that the licensee has failed or refused to bring the system as it applies to the particular subscriber up to operational standards, as set forth in Section 5.28.250. Reimbursement shall be at the rate of twenty-five dollars per man hour or any part thereof, incurred in investigating the subscriber complaint. Reimbursement shall be made to the communications department of Marin County and shall be deposited in the county general fund. Failure to make reimbursement within sixty days of the date of billing shall constitute grounds for recovery of the total amount due from the performance bond specified in Section 5.28.220 and shall be grounds for revocation of the license.

(Ord. 1746 § 11, 1970: Ord. 1554 § 1 (part), 1966)

The licensee shall maintain an office within the county 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. Each licensee shall staff the phones to provide twenty-four hour answering service.

(Ord. 1924 § 1, 1972: Ord. 1554 § 1 (part), 1966)

No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the licensee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge, except as indicated above.

The franchisee shall render service to all persons who desire such service without rate differential regardless of distance from the facility or other cause unless such differential rate is approved by the board at the time of the application for franchise or at a subsequent date.

Upon termination of service to any subscriber, the licensee shall, within three working days, remove all its exposed exterior facilities and equipment from the premises of the subscriber upon his request.

(Ord. 1746 § 12, 1970: Ord. 1554 § 1 (part), 1966)

Before providing antenna service to any subscriber, the licensee shall obtain a signed contract from the subscriber containing a provision substantially as follows:

Subscriber understands that in providing antenna service (licensee) is making use of public rights-of-way within the county 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 (licensee) for any reason, (licensee) will make every reasonable effort to provide service over alternate routes. Subscriber agrees he will make no claim nor undertake any action against the county, its officers or its employees, if the service to be provided by (licensee) hereunder is interrupted or discontinued.

The form of the licensee's contract with its subscribers shall accompany the application for license and shall not be thereafter amended without consent of the board.

(Ord. 1746 § 13, 1970: Ord. 1554 § 1 (part), 1966)

An application for a license hereunder shall be in writing and accompanied by a payment to the county of two hundred fifty dollars to reimburse it for expenses incurred in connection with processing the application.

(Ord. 1554 § 1 (part), 1966)

The application shall be submitted on a form prescribed by the board which shall contain such information as the board deems necessary to determine whether the requested license should be granted.

(Ord. 1554 § 1 (part), 1966)

Upon consideration of any application, the board may refuse to grant the requested license or the board may, by resolution, grant a license for a CATV system to any such applicant as may appear from the application to be, in its opinion, qualified to render proper and efficient CATV service to television viewers and subscribers in the proposed service area. The board's decision in the matter shall be final. If favorably considered the application submitted shall constitute and form part of the license as granted.

(Ord. 1554 § 1 (part), 1966)

Any license granted pursuant to this chapter shall include the following condition:

"The CATV system herein licensed shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the county of Marin and no other purpose whatsoever."

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

(Ord. 1554 § 1 (part), 1966)

Any license granted under this chapter is renewable upon the application of the licensee, in the same manner and upon the same terms and conditions as required herein for obtaining the original license, except those which are by their terms expressly inapplicable; provided, however, that the board may at its option waive compliance with any or all of the requirements of Section 5.28.300.

(Ord. 1554 § 1 (part), 1966)

No license granted pursuant to the provisions of this chapter shall become effective unless and until all things required by Chapter 5.28 are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such license granted hereunder.

(Ord. 1554 § 1 (part), 1966)

Application for license shall be deemed an acceptance of the license if granted by the board. After grant of the license, the licensee shall file with the county clerk his 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 license, together with bonds and insurance policies as herein required.

(Ord. 1746 § 14, 1970: Ord. 1554 § 1 (part), 1966)

No person, firm or corporation shall establish, operate or carry on the business of distributing to any persons in this county any television signals or radio signals by means of a CATV system unless a license therefor has first been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect. No person, firm or corporation shall construct, install or maintain within any street in the county, or within any other public property of the county, or within a privately owned area within the county 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 county, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a license authorizing such use of the street or property or area has first been obtained pursuant to the provisions of this chapter, and unless the license is in full force and effect.

(Ord. 1554 § 1 (part), 1966)

The board may, upon the filing of an appropriate request therefor, except CATV systems from the operation of this chapter, if the board finds and determines that:

(1) The system is operated for the benefit of a limited group of individuals within a specified area;

(2) The system is maintained solely for the convenience of the group;

(3) Is not available to the general public; and

(4) Is not operated for profit.

(Ord. 1554 § 1 (part), 1966)

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

(Ord. 1554 § 1 (part), 1966)

The licensee, or any of his employees during their course of employment, shall not engage in the business of selling or leasing television or other receivers which make use of signals transmitted by its system, nor shall the licensee or any of his employees during the course of their employment engage in the repair of receivers, the sale of parts therefor, or make recommendations to subscribers regarding patronage of firms engaged in such activities.

This prohibition shall not apply to any CATV operator presently engaged in the sale and repair of television receivers provided:

(1) The operator files sufficient evidence of such fact with the clerk of the board of supervisors not later than ninety days after effective date of this section, and

(2) He agrees to divest himself of such an interest within five years from date of filing.

(Ord. 1554 § 1 (part), 1966)

Whenever any portion of the territory covered by this license shall be annexed to, or otherwise become a part of any municipal corporation or of any other county, or any other agency or political subdivision of the state of California, the county's rights hereunder shall inure to the benefit of the other public body and its appropriate officers.

(Ord. 1544 § 1 (part), 1966)

Any authority granted hereunder is not and shall not be in derogation of any copyright or other private proprietary interest in any material in the program content of the television signals which shall be delivered by the license, and is hereby granted, without prejudice to any right of the owner, of any such copyright or other private proprietary interest to forbid any use thereof without the license or other permit of the owner.

(Ord. 1554 § 1 (part), 1966)

Copies of all petitions, applications and communications submitted by licensee to the Federal Communications Commission in respect to any matters affecting CATV operations authorized pursuant to this chapter shall also be submitted simultaneously to the county counsel and the director of communications.

(Ord. 2169 § 4, 1975: Ord. 1746 § 15, 1970)

If service to the subscriber is terminated without good cause within six months of the date of first rendered service to such subscriber, or because the licensee ceases to operate in the CATV business authorized herein for any reason except expiration of his franchise, the licensee shall refund to such subscriber an amount equal to the initial installation and connection charge paid by him.

(Ord. 1746 § 16, 1970)

If at any time during the life of a franchise granted hereunder the licensee becomes delinquent in the payment of any fees or taxes to Marin County or any public district within the county, such franchise is subject to revocation as provided in Section 5.28.060.

(Ord. 1746 § 17, 1970)