Mendocino County Municipal Code Div. VI Service Provisions

It is the County's intent that tenants not be discriminated against in the ability to subscribe to cable services. Grantee shall be required to provide service to tenants in individual units of a multiple housing facility with all services offered to other dwelling units within the franchise area, so long as the owner of the facility consents in writing, if requested by Grantee, to the following:

(A) Grantee's providing the service to units of the facility on such terms and conditions as are reasonable, provided that (1) the owner of the facility shall not seek to charge Grantee any fee or consideration for access to the facility or for the right of providing cable service to the dwelling units within the facility, (2) Grantee shall not seek to charge the owner of the facility any fee or consideration for installing such service other than its actual costs as provided for herein, and (3) such terms and conditions shall be in compliance with applicable law;

(B) Reasonable access to the premises by Grantee for installation, maintenance and inspection of the system on the premises;

(C) Reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the system;

(D) The owner shall not discriminate in rental charges, or otherwise, between tenants who receive cable service and those who do not; and

(E) The owner shall provide all easements, rights-of-way and other rights of access deemed reasonably necessary or appropriate by Grantee for purposes of providing cable television service to the facility.

(Ord. No. 4115 § 1 (part), adopted 2003.)

(A) Subscribers shall have the right to continue to receive service so long as their financial and other obligations to Grantee are honored. Grantee shall at all times, and under all conditions, to the greatest extent economically and technically possible, maintain continuity of service. In the event of an assignment of the cable system, the assignor shall cooperate with the County and the assignee in order to maintain continuity of service to all subscribers.

(B) In the event Grantee willfully fails to operate the cable system for a period of five (5) consecutive days without prior approval of the County, the County may, in its sole discretion, elect to operate the cable system or designate an operator until Grantee restores service under conditions acceptable to the County, or until the County selects a permanent operator. During the entire period while the County operates the cable system on behalf of Grantee, or causes another party to do so, the County shall be entitled to collect any and all revenues from the operation of the cable system, and Grantee shall reimburse the County for all reasonable costs or damages in excess of the revenues collected by the County that are caused by Grantee's failure to perform.

(Ord. No. 4115 § 1 (part), adopted 2003.)