Montclair Municipal Code Ch. 4.36 Cable Television Systems

"Cable television system" means any system that transmits television programs by cable to subscribers for a fee.

(Ord. 99-791 Exh. A (part))

A. It is unlawful for any person or corporation to establish, operate, or carry on the business of distributing to any person in the City any television or radio signals by means of a cable television system unless a franchise therefor has been obtained and unless such franchise is in full force and effect.

B. It is unlawful for any person to construct, install, and/or maintain within any public street in the City, or within any other public property of the City or within the City, any equipment or facilities for distributing any television or radio signals through a cable television system unless a franchise authorizing such system has first been obtained and unless such franchise is in full force and effect.

C. It is unlawful for any person to illicitly receive, intercept, or interfere with television or radio signals carried on a cable television system franchised by the State or other legally designated public entity or make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a cable television system franchised by the State or other legally designated public entity for the purpose of taking or receiving television or radio signals without proper remuneration of a subscription fee to the operator of any cable television system franchised by the State or other legally designated public entity or for the purpose of retransmitting television or radio signals without the approval of the operator of any cable television system franchised by the State or other legally designated public entity.

D. It is unlawful for any person, without the consent of the operator of any cable television system franchised by the State or other legally designated public entity to willfully tamper with, remove, or damage any cables, wires, or equipment used for the distribution of television or radio signals.

(Ord. 08-902 § 1 (part): Ord. 99-791 Exh. A (part): prior code § 7-3.01)

A. Gross Revenues. For purposes of this chapter, "gross revenues" shall be defined consistent with Section 5860 of the Digital Infrastructure and Video Competition Act of 2006 and/or amendments or successors thereto.

B. State Franchise Fee. State franchise holders or any video service provider with a franchise issued by the State or other legally designated public entity that offers video services within the administrative and/or jurisdictional boundary of the City will annually calculate and remit to the City a franchise fee equal to 5 percent of gross revenues to be used in a manner consistent with law as provided in Section 5800(n) of the Digital Infrastructure and Video Competition Act of 2006 and/or amendments or successors thereto.

C. PEG-Support Fee. State franchise holders or any video service provider with a franchise issued by the State or other legally designated public entity that offers video services within the administrative and/or jurisdictional boundary of the City will annually calculate and remit an additional public educational and government access (PEG) facilities-support fee equal to 1 percent of gross revenues to be used in a manner consistent with law as provided in Section 5800(n) of the Digital Infrastructure and Video Competition Act of 2006 and/or amendments or successors thereto.

D. Fee Remittance. The franchise fee and PEG-support fee shall be remitted to the City on a quarterly basis and within 45 days after the end of each quarter for that calendar year in which such fees are due. Each payment shall be accompanied by a detailed summary explaining the basis for the calculation of the franchise fee and PEG-support fee.

E. Late Payment Charges. A late payment charge equal to the highest prime lending rate during the period of delinquency plus 1 percent will be applied to any payment made by a State video franchise holder or any video service provider with a franchise issued by the State or other legally designated public entity for franchise fees and PEG-support fees not received when due under subsection D of this section as provided in Section 5860 of the Digital Infrastructure and Video Competition Act of 2006 and/or amendments or successors thereto.

F. Audit of Business Records. Not more than once annually the City and/or its officers, employees, agents, or representatives may examine the business records of a State franchisee to the extent reasonably necessary to ensure compliance with this chapter and the Digital Infrastructure and Video Competition Act of 2006 and/or amendments or successors thereto.

G. Fees Collected Credit. Any franchise fee and PEG-support fee levied and collected by the City of Montclair pursuant to this chapter shall constitute a credit against any franchise fee or PEG-support fee imposed herein.

(Ord. 08-902 § 1 (part))

(Ord. No. 17-972-U, § 2, 12-18-17; Ord. No. 17-972, § 1, 1-16-18)