Maywood Municipal Code Ch. 24 Franchises for Community Antenna Television System 5

It shall be unlawful for any person to erect any telegraph, telephone, electric, or other pole in the streets or highways, or to string any wires thereon, except for the purpose of repairing existing lines, or to lay or construct any railroad line or tracks, or to exercise any similar privilege whatsoever within the City without first obtaining a franchise for that purpose in the manner specified by the Council, or unless erected pursuant to State law.

(§ 1, Ord. 79-204, eff. September 13, 1979)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "CATV" shall mean a community antenna television system as defined in subsection (c) of this section.

(b) "Chief Administrative Officer" shall mean the Chief Administrative Officer of the City or his authorized representative.

(c) "Community antenna television system" shall mean a system of antenna, coaxial cables, wires, wave guides, or other conductors, equipment, or facilities designed, constructed, or used for the purpose of providing communication signals by cable or through its facilities as contemplated in this chapter.

(d) "Director of Finance" shall mean the Director of Finance of the City or, there being no appointed Director of Finance, the Chief Administrative Officer of the City.

(e) "Franchise" shall mean and include 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.

(f) "Grantee" shall mean the person, firm, or corporation to whom or to which a franchise, as defined in subsection (e) of this section, is granted by the Council under this chapter and the lawful successor, transferee, or assignee of such person, firm, or corporation.

(g) "Gross annual receipts" shall mean any and all compensation and other consideration in any form whatever, including installation and line extension charges, and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for any cable communication service received within the City.

"Gross annual receipts" shall not include any tax 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.

(h) "Property of the grantee" shall mean 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.

(i) "Public Works Director" shall mean the Director of Public Works of the City or, there being no appointed Director of Public Works, the Chief Administrative Officer of the City.

(j) "Street" shall mean 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.

(k) "Subscriber" shall mean any person or entity receiving for any purpose the CATV service of a grantee.

(§ 1, Ord. 79-204, eff. September 13, 1979)

When and in the event the grantee of any franchise granted under this chapter uses in his CATV system distribution channels furnished to the grantee of a telephone company pursuant to tariff or contract on file with a regulatory body having jurisdiction, 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 of this chapter as a "licensee", and, in such event, whenever "grantee" is used in this chapter, it shall 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, unless the telephone company is or becomes an operator or one of the operators of a CATV system, in which case the telephone company shall be required to comply with this chapter in the same manner as any other person, firm, or corporation operating such system.

(§ 1, Ord. 79-204, eff. September 13, 1979)

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.

No provision of this chapter may be deemed or construed so as to require the granting 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.

(§ 1, Ord. 79-204, eff. September 13, 1979)

(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, cables, conductors, ducts, conduits, 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's rates and charges to subscribers for installations of, connections with, or service by the grantee's CATV system shall be established and may be amended from time to time by the grantee, all without the approval of the Council or any other governing entity of the City, provided such rates and charges are in compliance with applicable State and Federal laws. For informational purposes only, the grantee shall deliver to the Chief Administrative Officer a list of rates and charges applicable to subscribers in the City and an update of such list at least forty-five (45) days prior to the effective date of any change therein.

(c) No change in the other terms of any franchise may be made without the prior approval of the Council expressed by ordinance.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 1, Ord. 85-290, eff. September 26, 1985)

(a) The City reserves the right to impose the following penalties in the event the grantee violates any material provision of the franchise provided the grantee has not commenced corrective action within thirty (30) days after the service of written notice by certified mail to, or personal service on, the general manager of the grantee. The imposition of the following penalties shall be in accordance with the hearing and appeal provisions of this section. The City may:

(1) Impose a financial penalty, not to exceed Five Hundred and no/100ths ($500.00) Dollars per day or per incident, for the grantee's individual wilful and/or repeated violation of the franchise or failure to take corrective action with respect to a violation of any provision of the franchise;

(2) Require the grantee to make rate rebates or payments to the customers or classes of customers in such amount and on such basis as the City may deem reasonable; provided, however, such payments or rebates to customers shall be made only in the event of:

(i) Billing errors on an individual or class basis. The refund shall be equal to the actual amount of error; or

(ii) An unexcused interruption or abandonment of service in excess of forty-eight (48) hours. The rebate shall equal a pro rata portion of the subscriber monthly fee or be determined upon some other reasonable basis; and

(3) In addition to any rights set forth elsewhere in this chapter, the City reserves the right to revoke the franchise, and all rights and privileges pertaining thereto, in the event that:

(i) The grantee wilfully or repeatedly violates any material provision of the franchise; or

(ii) Subject to the provisions hereof, the grantee becomes insolvent, is involuntarily adjudged as bankrupt, or files a voluntary petition for relief under the Bankruptcy Act; or

(iii) The grantee is adjudged to have practiced any fraud or deceit upon the City, and such judgment becomes final after all appeals are exhausted according to law.

(b) In the event the stated violation is not reasonably curable within thirty (30) days, the franchise will not be terminated or revoked nor a penalty imposed if the grantee provides, within the said thirty (30) days, a plan satisfactory to the City to remedy the violation and continues to demonstrate good faith in seeking to correct the violation.

(c) In determining which remedy or remedies for the grantee's violation are appropriate, the City shall take into consideration the nature of the violation, the persons bearing the impact of the violation, the nature of the remedy required in order to further prevent such violations, and such other matters as the City may deem appropriate.

(d) Within ten (10) days after the receipt of a written notice of a violation from the City, the grantee may request a hearing before the Chief Administrative Officer or other person designated by the Council. Such a proceeding shall afford full due process of law and shall be held within thirty (30) days after the receipt of the request therefor. In the event the Chief Administrative Officer is satisfied that the violation has been remedied, he shall have the discretion to dismiss the proceedings.

(e) The determination of the Chief Administrative Officer or other person designated by the Council shall be subject to appeal to the Council within fifteen (15) days after the service of notice in writing of such determination to the grantee. A notice of appeal shall be delivered to the City Clerk within said time period and shall specify the grounds for the appeal. The City and the grantee may agree to waive the conduct of the hearing provided for in this section and proceed directly to a final determination by the Council as provided for in this section.

(f) The Council, in the case of an appeal or direct jurisdiction, shall hold a hearing affording the grantee full due process of law. Such hearing shall be set within thirty (30) days after the receipt of the request therefor.

(g) The Council, in determining any penalty, shall make written findings of fact which address the considerations set forth in subsection (c) of this section.

(h) Nothing set forth in this section shall prevent either the City or the grantee from obtaining injunctive relief to enforce the provisions of the franchise.

(i) Nothing set forth in this section shall prevent the City from conducting hearings and providing for remedies on a joint basis with other cities served by the same cable system.

(j) If, after such hearing, the City determines that the franchise should be revoked, the City shall advise the grantee of its decision in writing. The grantee shall have a period of thirty (30) days, beginning the next day following written notice to the grantee of such decision, within which to file any appropriate legal action. During such thirty (30) day period, the franchise shall remain in full force and effect, unless the term thereof expires sooner.

(k) In the absence of a court order to the contrary and upon the expiration of the thirty (30) day period set forth in subsection (j) of this section, the City, by ordinance or resolution, may declare a forfeiture of the franchise, whereupon all rights of the holders of the franchise shall immediately be divested without a further act upon the part of the City, and the grantee, upon the demand of the City, shall forthwith remove its structures and property from the streets and restore the streets to such condition as the City may reasonably require, and, upon failure to do so, the City may perform the work and collect the costs thereof from the grantee. The costs thereof shall be a lien upon all structures and property of the grantee. Such lien shall not attach to the property of the grantee located on the poles or other utilities until the removal of such property from the poles. Should the City decide to take over and operate the system, the grantee shall be compensated consistent with the provisions of Section 5-24.25 of this chapter.

(l) In the event the grantee's performance of any of the terms, conditions, obligations, or requirements of the franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused, and no penalties or sanctions shall be imposed as a result thereof provided the grantee has notified the City in writing within fifteen (15) days after its discovery of the occurrence of such an event. Such causes beyond the grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies, and labor unrest or strikes.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 1, Ord. 83-264, eff. February 9, 1984, and § 4, Ord. 87-323, eff. August 13, 1987)

(a) Any grantee granted a franchise pursuant to the provisions of this chapter shall pay to the City, during the life of such franchise, a sum equal to three (3%) percent of the gross annual receipts of the grantee. Such payment by the grantee to the City shall be made annually by delivery of the same to the Director of Finance. The grantee shall increase the franchise fee payable pursuant to this section to five (5%) percent upon notification from the City that such amount has been approved by the Federal Communications Commission or that such amount has been authorized by administrative deregulation or legislation.

(b) The grantee shall file with the City, within thirty (30) 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 subsection (g) of Section 5-24.02 of this chapter, of the grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the City, within fifteen (15) 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 at all reasonable times to inspect the grantee's records pertaining to its operations under the franchise and the right of audit and recomputation to any and all amounts paid pursuant to the provisions of this chapter or pursuant to any franchise granted pursuant to the provisions of 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 pursuant to the provisions of this chapter or for the performance of any other obligation hereunder.

(d) In the event of any holding over after the expiration or other termination of any franchise granted pursuant to the provisions of this chapter without the consent of the City, the grantee shall pay to the City liquidated damages in the amount of One Hundred and no/100ths ($100.00) Dollars per day.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 2, Ord. 83-264, eff. February 9, 1984, and § 5, Ord. 87-323, eff. August 13, 1987)

(a) Any franchise granted pursuant to the provisions of this chapter shall be nonexclusive.

(b) No privilege or exemption shall be granted or conferred by any franchise granted pursuant to the provisions of 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 franchise granted pursuant to the provisions of this chapter shall be a privilege to be held in personal trust by the original grantee. Such franchise 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 with the Chief Administrative Officer within thirty (30) days after any such transfer or assignment. The consent of the Council may not be arbitrarily refused; provided, however, the proposed assignee shall show financial responsibility and shall agree to comply with all the provisions of this chapter; and provided, further, 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 franchise granted pursuant to the provisions of this chapter. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by any failure of 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 hereunder, or because of the enforcement of the provisions of this chapter.

(h) The grantee shall be subject to all pertinent Federal and State laws and to the requirements of City laws, rules, regulations, and specifications theretofore or hereafter enacted or established.

(i) Any franchise granted pursuant to the provisions of this chapter shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, from any utility company, or from others maintaining poles in streets.

(j) Any franchise granted pursuant to the provisions of this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, or any successor to any interest of the grantee, of or pertaining to the construction, operation, or maintenance of any CATV system in the City; and the acceptance of any franchise granted pursuant to the provisions of this chapter shall operate, as between the 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 the 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 such franchise and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.

(§ 1, Ord. 79-204, eff. September 13, 1979)

(a) Nothing contained 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 through the exercise of the right of eminent domain at fair market value, but which shall not include any amount for the franchise itself, and nothing contained in this chapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain.

(b) There is hereby reserved to the City every right and power which is required to be reserved by the provisions of this chapter or provided by any law of the City, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or powers heretofore or hereafter enacted or established.

(c) Neither the granting of any franchise pursuant to the provisions of 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 to any other person, firm, or corporation within all or any portion of the City.

(d) Neither the granting of any franchise under the provisions of this chapter nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City.

(e) The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under the provisions of this chapter and may determine any question of fact which may arise during the existence of any franchise granted pursuant to the provisions of this chapter. The Chief Administrative Officer is hereby authorized and empowered to prescribe rules and regulations and to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee pursuant to the provisions of this chapter, either on behalf of the City, the grantee, or any subscriber, in the best interests of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the Chief Administrative Officer may appeal the matter to the Council for a hearing and determination. The Council may accept, reject, or modify the decision of the Chief Administrative Officer, 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.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by §§ 3 and 4, Ord. 83-264, eff. February 9, 1984)

(a) Within thirty (30) days after the acceptance of any franchise, the grantee shall apply for all the 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 (90) days after obtaining all the necessary permits, licenses, and authorizations and the completion of the related utility company alterations, the grantee shall commence the construction and installation of the CATV system.

(c) Within ninety (90) days after the commencement of the construction and installation of the system, the grantee shall proceed to render service to the 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 a franchise, as provided in Section 5-24.21 of this chapter, shall be provided within five (5) years after the date the franchise was issued.

(d) Failure on the part of the grantee to commence and pursue diligently each of the foregoing requirements, and to complete each of the matters set forth in this chapter, shall be grounds for the termination of such franchise under and pursuant to the provisions of Section 5-24.06 of this chapter; provided, however, the Council, in its discretion, may extend the time for the commencement and completion of the construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.

(§ 1, Ord. 79-204, eff. September 13, 1979)

(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 City Engineer acting in the exercise of his reasonable discretion.

(b) The grantee 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 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, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the City Engineer.

(c) In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and the utility providing electric service are underground or hereafter may be placed underground, the grantee shall likewise construct, operate, and maintain all of its transmission and distribution facilities underground. For the purposes of this subsection, "underground" shall include a partial underground system, e.g. streamlining. Amplifiers in the grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the City Engineer.

(§ 1, Ord. 79-204, eff. September 13, 1979)

(a) In the event the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the grantee's franchise or the provisions of this chapter, or in the event the franchise has been terminated or canceled or has expired, the grantee shall promptly, upon being given thirty (30) days' notice, remove from the streets or the public places all such property and poles of such system other than any which the City Engineer 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 City Engineer. In any case where the grantee's equipment is creating a safety hazard, the City Engineer may require that such equipment be removed or the hazard alleviated forthwith.

(b) Any property of the grantee remaining in place thirty (30) days after the termination or expiration of the franchise shall be considered permanently abandoned. The City Engineer may extend such time not to exceed an additional thirty (30) days.

(c) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the City Engineer shall prescribe. Upon the 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 City Engineer an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 6, Ord. 87-323, eff. August 13, 1987)

The grantee, at its expense, shall 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 grantee when required by the City Engineer by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grades, or the installation of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of structures or improvements by public agencies; provided, however, the grantee in all cases shall have the privileges, and be subject to the obligations, to abandon any property of the grantee in place as provided in Section 5-24.12 of this chapter.

(§ 1, Ord. 79-204, eff. September 13, 1979)

Upon the 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 City Engineer, the City Engineer, at his option, may cause such work to be done, and the grantee shall pay to the City the costs thereof in the itemized amounts reported by the City Engineer to the grantee within thirty (30) days after the receipt of such itemized report.

(§ 1, Ord. 79-204, eff. September 13, 1979)

Within thirty (30) days after the effective date of the franchise or any transfer thereof, the grantee shall deliver to the City an irrevocable and unconditional letter of credit, in a form and substance acceptable to the City, from a bank approved by the City, in the amount of Fifteen Thousand and no/100ths ($15,000.00) Dollars. Such letter shall be maintained on deposit throughout the term of the franchise. The use of the letter of credit by the City to satisfy any penalty shall be in full compliance with the provisions of Section 5-24.06 of this chapter.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 12, Ord. 87-323, eff. August 13, 1987)

(a) Indemnification.

(1) The grantee shall hold harmless the City for all claims, demands, damages, losses, costs, expenses, or penalties arising directly or indirectly as a result of the exercise of the franchise, except to the extent any such claim, demand, cost, or liability is the result of the negligence or the intentional act or omission of the City or its officers, employees, or representatives.

(2) The grantee shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties set forth in subsection (1) of this subsection as to which the City is entitled to indemnification. Such expenses shall include all out-of-pocket expenses, such as reasonable attorneys' fees, and costs.

(b) Insurance. Upon the effective date of the franchise, the grantee shall furnish proof that the City has been added as named insured to the liability insurance policy. Such policy shall remain in force, in the minimum amounts of Five Hundred Thousand and no/100ths ($500,000.00) Dollars per occurrence, and Three Million and no/100ths ($3,000,000.00) Dollars aggregate, in the areas of general, owners', and motor vehicle liability and property damage. The grantee shall also provide worker's compensation coverage consistent with State statutory requirements. The City shall receive thirty (30) days' written notice prior to any alteration of a material provision of the insurance or any reduction in the coverage of the insurance required by this section. Such notice shall also be required in the case of the cancellation of any coverage required by this section.

The liability insurance policy shall be maintained throughout the duration of the franchise, with a copy filed with the City, and subject to the reasonable approval of the City Attorney.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 7, Ord. 87-323, eff. August 13, 1987)

(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 deal with the operations, affairs, transactions, or property of the grantee with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request are not made available in the City, and if the Council shall determine that an examination thereof is necessary or appropriate, all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the grantee.

(b) The grantee shall prepare and furnish to the Chief Administrative Officer, at the times and in the form prescribed by him, 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 at all times shall make and keep in the City 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 City.

(d) The grantee shall file with the City Engineer, on or before the last day in December of each year, 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.

(e) Copies of all petitions and applications concerning the franchise, or any portion thereof, requesting entitlements or amendments thereto, submitted to the Federal Communications Commission or to any other Federal or State agency shall be submitted to the City within five (5) days after the filing with such agencies. The grantee's routine correspondence to such agencies need not be automatically submitted to the City but shall be made available to the City upon written requests.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 8, Ord. 87-323, eff. August 13, 1987)

The CATV system shall meet the technical standards set forth in Section 76.605 of Title 47 of the Code of Federal Regulations, or any successor rules and regulations thereto promulgated by the Federal Communications Commission, which standards shall be the minimum technical standards, and the grantee shall endeavor to exceed them. The grantee shall provide subscribers in the City with all services which the grantee provides its subscribers in the City of Los Angeles, unless the grantee demonstrates that to do so in the City is economically unfeasible. Further, subscribers in the City shall be provided with channel selectors which are (a) equivalent to those used by the grantee in the City of Los Angeles and (b) installed under similar installation policies as are adopted by the grantee in the City of Los Angeles.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 5, Ord. 83-264, eff. February 9, 1984)

(a) When not otherwise prescribed in this chapter, all matters required by this chapter to be filed with the City shall be filed with the Chief Administrative Officer.

(b) The grantee shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made within thirty (30) days after the City furnishes the grantee with a written statement of such expenses by delivery of such statement to the Chief Administrative Officer.

(c) No later than August 9, 1984, the grantee shall institute within the boundaries of the City (1) a location where City residents can return channel selectors and (2) a location where subscribers in the City can pay their monthly service and related charges without having to use the mail. The facility for the receipt of subscriber payments shall be equipped so that subscribers, if they wish, may pay by cash. The return location and the payment location may be, but are not required to, in different places. The payment location, for example, may be a bank or similar financial institution, and the deposit location may be a drive-through facility. Further, the grantee shall maintain an office at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be reasonably and promptly available to subscribers. The grantee shall maintain sufficient service personnel and equipment in such locations as the grantee deems appropriate for the grantee to be able to provide such service. The office shall be open to receive inquiries or complaints from subscribers during normal business hours and in no case less than 9:00 a.m. to 5:00 p.m. Monday through Friday, excluding legal holidays; provided, however, such hours may be lessened upon the prior written consent of the Chief Administrative Officer provided local, non-toll telephone service is available during such times. The grantee shall also be required to provide the Chief Administrative Officer with an adequate supply of postage-paid postcards, preaddressed to the grantee, which may be utilized for written complaints by City subscribers. The text of such complaint postcards shall be subject to prior approval by the City Attorney.

(d) No person, firm, or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge, or who has a history of nonpayment, equipment damage, or theft of service with the grantee, or who has threatened or assaulted employees of the grantee in the course of their employment.

(e) Neither the grantee nor any shareholder of the grantee shall engage in the business of selling, repairing, or installing television receivers, radio receivers, or accessories for such receivers within the City during the term of the franchise granted pursuant to this chapter, and the grantee shall not allow any of its shareholders to so engage in any such business.

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 6, Ord. 83-264, eff. February 9, 1984, and § 10, Ord. 87-323, eff. August 13, 1987)

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 Public Works.

(§ 1, Ord. 79-204, eff. September 13, 1979)

(a) Applications for franchises pursuant to the provisions of this chapter shall be in writing, shall be filed with the Chief Administrative Officer, and shall contain the following information:

(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 stockholders and associates, and 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 the applicant proposes to construct, install, maintain, and operate such system; and, particularly, the extent 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 the 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 specific location thereof;

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

(5) A statement or schedule in a form approved by the Chief Administrative Officer of the proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than 150 feet of distance from the cable to the connection of service to subscribers, an additional installation 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 the cost of materials, labor, and easements if required by the grantee;

(6) A copy of any contract, if existing, between the applicant and any public utility providing for the use of the 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 the applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system; and

(9) The Council at any time may demand, and the 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.

(b) Upon the consideration of any such application, the Council may refuse to grant the requested franchise, or the Council, by ordinance, may grant a franchise for a CATV system to any such applicant as may appear from such application to be, in the opinion of the Council, best qualified to render proper and efficient CATV service to the television viewers and subscribers in the City. The decision of the Council in the matter shall be final.

(c) Any franchise granted pursuant to the provisions of 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 the Maywood Municipal Code and for no other purpose whatsoever."

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

(§ 1, Ord. 79-204, eff. September 13, 1979, as amended by § 7, Ord. 83-264, eff. February 9, 1984)

Any franchise granted pursuant to the provisions of this chapter shall be renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required by the provisions of this chapter for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, the Council, at its option, may waive compliance with any or all of the requirements of Section 5-24.21 of this chapter.

(§ 1, Ord. 79-204, eff. September 13, 1979)

(a) No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the franchise has become effective and, in addition, unless and until all things required in this section and in Section 5-24.15 and subsections (a) and (b) of Section 5-24.16 of this chapter are done and completed, all of such things being conditions precedent to the effectiveness of any such franchise granted to the provisions of 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 (30) 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 Chief Administrative Officer its written acceptance of the franchise, in a form satisfactory to the City Attorney, together with the bond and insurance policies required by Section 5-24.15 and subsections (a) and (b) of Section 5-24.16 of this chapter, respectively, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public and in form and content shall be satisfactory to and approved by the City Attorney.

(§ 1, Ord. 79-204, eff. September 13, 1979)

(a) On and after September 13, 1979, it shall be unlawful for any person to establish, operate, or carry on the business of distributing to any person in the 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 article and unless such franchise is in full force and effect.

(b) On and after September 13, 1979, it shall be 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 signal or radio signal 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 shall be 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 the City for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound.

(d) It shall be 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 the 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.

(e) It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, or injure any cable, wire, or equipment used for the distribution of television signals, radio signals, pictures, programs, or sound.

(§ 1, Ord. 79-204, eff. September 13, 1979)

The City, in compliance with the Cable Communications Policy Act of 1984 and State laws governing eminent domain and upon the payment of the fair market value, may condemn the franchise, property, and plant of the grantee.

(§2, Ord. 87-323, eff. August 13. 1987)

(a) The subdivider of real property shall provide access to public utility easements, as designated on any tentative map, final map, or parcel map, for the use by the holder of a cable television franchise (as defined in Section 5-24.02 of this chapter) to install cable television wires and equipment. The subdivider shall ensure that cable television wires and equipment are allowed to be installed in the new subdivision such that each residence, whether a single-family home, apartment, or condominium, may be wired to receive cable television service.

(b) Whenever trenches are opened for the underground installation of such utility wires as telephone or electric wires, the subdivider. at no cost to the holder of a cable television franchise for the designated area, shall make such trenches available to such franchise holder so that the grantee can install cable television wires and equipment at the same time as underground utilities are installed.

(c) In the event more than one cable television system operator is franchised by the City to serve a given area, each such operator shall be given equal access and opportunity to place its underground facilities in such conduits and trenches. The cost for opening such trenches and installing such conduits and providing access thereto to such cable television system operators shall be borne by the subdivider.

(§ 11, Ord. 87-323, eff. August 13, 1987)

(a) No franchise granted by the Council pursuant to the provisions of this chapter shall be for a term longer than twenty (20) years following the date of the acceptance of such franchise by the grantee or the renewal thereof.

(b) Renewal applications and processing shall be in conformity with the Cable Communications Policy Act of 1984.

(§ 13, Ord. 87-323, eff. August 13, 1987)