Montebello Municipal Code Ch. 5.28 Community Antenna Television Systems

For purposes of this chapter, the following terms, phrases, words, abbreviations, and their derivations, shall have the following meaning given herein, except when a contrary meaning is clearly intended:

"CATV" means a community antenna television system hereinafter defined.

"City" means the city of Montebello.

"Community antenna television system" means a system of antenna, coaxial cables, wires, wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated.

"Code" means the Montebello Municipal Code.

"Council" means the city council of the city.

"Franchise" means and includes the authorization granted hereunder in terms of a franchise to construct, operate and maintain a CATV system in the city. Such authorization shall not waive the licensing requirement for the privilege of transacting and carrying on a business within the city in accordance with Chapter 5.04 of this code.

"Grantee" means the person, firm or corporation to whom a franchise, as herein defined, is granted by the council pursuant to this chapter.

Gross annual receipts" means any and all compensation and other consideration in any form whatever including, but not limited to, the following:

A. Receipts paid directly to the grantee for an English language pay-TV channel but not to include the revenue collected for or on behalf of the program supplier;

B. Any charge or subsidy received directly or indirectly by a grantee from subscribers for initial installation and basic monthly subscription fees for the delivery of broadcast signals.

Gross annual receipts shall not include consideration received by the grantee for ancillary services such as reconnection charges, the sales of advertising, the leasing of channels, the rental of equipment, or per-program.

Gross annual receipts shall not include any property or sales and use taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit.

"Property of grantee" means all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted hereunder.

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

"Subscriber" means any person or entity receiving for any purpose the CATV services of a grantee.

(Prior code § 7400)

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

(Prior code § 7421 (a))

A. Nonexclusive franchise to construct, operate and maintain a CATV system within all or any portion of the city may be granted by the council to any qualified person, pursuant to the provisions of this chapter.

B. No provision of this chapter shall 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 to a specific number the franchises for such service.

(Prior code § 7401)

When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the city clerk.

(Prior code § 7417 (a)

Application for a new franchise shall be in writing, shall be filed with the city clerk and shall contain the following information:

A. 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, officers, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

B. 1.

A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant;

2. The proposed location of such system and its various components;

3. The manner in which applicant proposes to construct, install, maintain and operate the same; and

4. In particular, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

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

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

E. A statement or schedule in a form approved by the city manager of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than one hundred and fifty feet of distance from cable to 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 cost of materials, labor and easement, if required, by the grantee;

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

G. 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 or effect whatsoever;

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

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

(Prior code § 7419 (a))

Upon consideration of any such application, the council shall refuse to grant the requested franchise if it determines that the public interest so requires; or where it determines the public interest so requires, it may grant a franchise for a CATV system to any applicant as may appear from the application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in that portion of the city. The council's decision in such matters shall be final.

(Prior code § 7419 (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 days after the city furnishes the grantee with a written statement of such expenses.

(Prior code § 7417 (b)

No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required by this chapter are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. 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.

(Prior code § 7420 (a))

Within thirty days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the council in its discretion may authorize, the grantee shall file with the city clerk his written acceptance, in a form satisfactory to the city attorney, of the franchise, and 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 franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the city attorney.

(Prior code § 7420 (b))

A. The city clerk shall maintain a schedule setting forth all rates and charges to be made to subscribers by each grantee, for CATV services, including, but not limited to, installation, connection and fixed monthly charges. All such rates and charges shall be subject to approval by the council from time to time. The city council, upon receipt of an application for a rate increase, shall act upon such matter expeditiously and in good faith.

B. A grantee may, without city approval, automatically pass along to subscribers the following additional costs, if the same are imposed on it:

1. Direct taxes, other than income and property taxes;

2. Copyright fees; and

3. Permit fees.

C. The grantee shall not, as to the reduction of rates and/or charges, grant any preference advantage to any person nor subject any person to any prejudice or disadvantage; provided, that nothing in a franchise shall be deemed to prohibit the waiving or reducing of connection and/or service charges during promotional campaigns of grantee.

(Prior code § 7403)

A. Any grantee granted a franchise under this chapter shall pay to the city, during the life of such franchise, a sum equal to three percent or up to five percent in special circumstances, as provided in the Federal Communications Commission's regulations, of the gross annual receipts of the grantee. The city expressly reserves the right to increase the amount of the annual franchise payments, during the term of any franchise granted hereunder. If the Federal Communication Commission, during the term of any franchise granted hereunder, increases the maximum amount which may be charged for such franchise payments, the city council may increase such fees; provided, that it finds that the grantee's rate of return is reasonable, taking into account such increased fee. Such payment by the grantee to the city shall be made annually, or as is otherwise provided in the grantee's franchise, by delivery of the same to the director of finance of the city.

B. Each grantee shall file with the city, within ninety days after 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 other person otherwise satisfactory to the council, showing in detail the gross annual receipts, as defined herein, of grantee during the preceding calendar year of portion thereof. It shall be the duty of the grantee to pay the to city the sums hereinbefore described when due.

C. In any year, or portion thereof, following the first full year in which service has been provided and during which payments under this section amount to less than two thousand dollars per year, grantee shall pay the city as a minimum an amount equal to two thousand dollars per year.

D. The city shall have the right to inspect each of the grantee's books and records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts due hereunder. 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 hereunder, or for the performance of any other obligation hereunder.

(Prior code § 7405)

Upon being granted a franchise, and upon filing of the acceptance required, the grantee shall take out, file with the city clerk and shall thereafter maintain during the entire term of such franchise, a corporate surety bond or other adequate surety agreement in such amount and form as shall have been approved by the city manager.

(Prior code § 7414 (a))

By accepting a franchise, each grantee shall be deemed to have agreed to indemnify and hold harmless the city, its officers, boards, commissions, agents, and/or employees against and from any and all claims, demands, causes of action, actions, suits, proceedings, damages including, but not limited to, damages to city property and damages arising out of copyright infringements, and damages arising out of any failure by grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by grantee's cable television system, costs or liabilities (including costs or liabilities of the city with respect to its employees), of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost, and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by grantee, or the granting thereof by the city.

(Prior code § 7414 (b))

A. Grantee shall at the sole risk and expense of grantee, upon demand of the city, made by and through the city attorney, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise brought or instituted or had by third persons or duly constituted authorities, against or affecting the city, its officers, boards, commissions, agents or employees, and arising out of or pertaining to the exercise or the enjoyment of such franchise, or the granting thereof by the city.

B. Alternatively, in the discretion of the city, city may, on behalf of itself, and/or any of its officers, agents or employees, elect to employ, at grantee's expense, attorneys to appear and defend such actions.

C. Grantee shall pay and satisfy and shall cause to be paid and satisfied any judgment, decree, order, directive, or demand rendered, made or issued against grantee, the city, its officers, boards, commissions, agents or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder, or otherwise; provided, that neither grantee nor city shall make or enter into any compromise or settlement of any claim, demand, cause of action, suit or other proceeding, without first obtaining the written consent of the other.

(Prior code § 7414 (c))

A. Upon being granted a franchise, and upon the filing of the acceptance required hereunder, the grantee shall file with the city clerk and shall thereafter, during the entire term of such franchise, maintain in full force and effect each of the following policies of insurance:

1. a.

General comprehensive liability insurance in a form satisfactory to and an amount approved by the city manager. Such coverage shall not be subject to cancellation or termination except upon thirty days' prior written notice to the city.

b. The city shall be named as an additional insured in any of the insurance policies.

c. Where such insurance is provided by a policy which also covers grantee or any other entity or person, it shall contain the standard cross-liability endorsement;

2. Workers' compensation insurance coverage in minimum amounts required by law.

B. If a grantee fails to obtain or maintain such required insurance coverage, city may without notice to grantee, obtain, at grantee's sole expense, such coverage, or forthwith terminate, without prior notice, the franchise as granted.

(Prior code § 7414 (d))

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

(Prior code § 7404 (part))

Any franchise granted hereunder 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, over, on, under, upon, across and along any public street, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to, any public utility or other grantee franchised or permitted to do business in the city.

(Prior code § 7402)

A. Franchise granted hereunder shall be nonexclusive.

B. No privilege or exemption shall be granted or conferred by any franchise granted hereunder except those specifically prescribed herein.

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 use or occupancy of the streets or other public property.

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

E. Time shall be of the essence of any franchise granted hereunder. A grantee shall not be relieved of any obligation to comply promptly with any of the provisions of this chapter by any failure of the city to enforce a 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 provisions or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.

H. The grantee shall be subject to all requirements of this chapter, and other applicable laws, rules, regulations and specifications heretofore or hereafter enacted or established.

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

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

(Prior code § 7406)

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

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

C. Neither the granting of any franchise hereunder nor any of the provisions contained herein 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. 1.

The city council shall, at any time during the term of a franchise granted hereunder, have the power and authority to review, at five-year intervals, the following items:

a. Channel capacity;

b. Two-way capability;

c. Availability of access channels;

d. Access to programming facilities;

e. Interconnection with other CATV systems;

f. Rights of individuals (privacy).

2. After consultation with the grantee, the city council may order such grantee to make such changes in any of its facilities so as to accommodate an increased capability or capacity in any of the items set forth above in subsection (D)(1) of this section provided, that if the city council requires action to be taken, in the context, by a grantee, it shall allow, by way of an increase in rates and/or charges, such amount as may be required to permit such grantee to recover, as to such additional equity investment, which includes operating costs, a reasonable rate of return thereon which shall be deemed to be between eighteen percent and twenty percent per annum based upon the life expectancy of the equipment, and the then remaining term of the franchise.

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

F. Should any grantee abandon its operations to a franchise for a period of ten consecutive days or more, or if any such grantee should be adjudicated a bankrupt, the city council may forthwith terminate the franchise as granted. The action of the city council shall be final and conclusive.

G. The council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The city manager is authorized and empowered to adjust, settle or compromise any controversy or change arising from the operations of any grantee under this chapter, either on behalf of the city, a grantee, or any subscriber, in the best interest of the public. No grantee will beheld responsible for any damages or refunds, which were beyond grantee's control or which were caused by an act of God.

(Prior code § 7407)

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

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

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

D. Failure on the part of any grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be the grounds for termination of such franchise; provided, however, that the council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods for good cause shown by the grantee.

(Prior code § 7408)

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 superintendent of streets acting in the exercise of his reasonable discretion.

B. No grantee shall 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 superintendent of streets.

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

(Prior code § 7409)

A. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee's franchise or this chapter, or the franchise has been terminated, canceled or has expired, such grantee shall promptly, upon being given thirty days' notice, remove from the streets or public places all such property and poles of such system other than any which the superintendent of streets 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 superintendent of streets.

B. Any property of the grantee remaining in place one hundred twenty days after the termination or expiration of the franchise shall be considered permanently abandoned. The superintendent of streets may extend such time, not to exceed an additional thirty days, for good cause.

C. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the superintendent of streets 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 superintendent of streets an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property.

(Prior code § 7410)

Each grantee shall, 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 grantee when required by the superintendent of streets 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, powerlines, signal lines, and tracks or any other type of structure or improvements by public agencies, including street widening projects; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.28.220.

(Prior code § 7411)

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

(Prior code § 7412)

A. For all new residential structures where underground utilities are required, a grantee shall place its cable service underground. The developer shall perform all trenching and backfilling necessary for the provision of such cable television service, including furnishing of any imported backfill material required and will furnish and install for the grantee any necessary distribution conduit and substructures, including pedestals required, in accordance with the grantee's plans and specifications.

B. The grantee shall provide plans and specifications to each subdivider and shall inspect the facilities required hereunder and certify to the city prior to final approval of the subdivision, multiple dwelling or development to insure that facilities required hereunder are properly installed. The city shall have the right to review and require its approval of maps and specifications provided by the grantee.

(Prior code § 7417 (f))

In the event territory adjacent to a franchise area is incorporated with the city's limits, by annexation or otherwise, a grantee's rights and duties under this chapter shall be deemed to include such additional territory if the council orders the grantee to supply such service.

(Prior code § 7417 (g))

When any portion of a CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the city clerk.

(Prior code § 7418)

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

(Prior code § 7421 (b))

The CATV system shall be maintained in accordance with the practices of the industry and applicable rules and regulations of the Federal Communications Commission as such practices and rules now exist, or as the may hereafter be altered or modified, so that the subscribers shall receive the highest possible service.

(Prior code § 7416)

Any franchise granted pursuant to this chapter, shall include the following conditions:

The CATV system herein franchised shall be used and operated solely and expressly for the purpose expressly authorized by the laws of this city, and no other purpose whatsoever.

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

(Prior code § 7419 (c))

Each grantee shall maintain local phone services so that subscribers may call grantee without incurring added message or toll charges in order that CATV maintenance service shall be promptly available to subscribers. Procedures shall be adopted by each grantee for the investigation and resolution of all complaints regarding cable television operations. Notice of procedures for reporting and resolving complaints will be given to each subscriber at the time of initial subscription to the cable television system.

(Prior code § 7417 (c))

No person in the service area of a grantee shall be arbitrarily refused service; provided, however, that a grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge. Where a subscriber requests CATV service, but the distribution cable is over one hundred and fifty feet from the requested point of service, a grantee shall provide such service, if the prospective subscriber pays for the cost of material, labor and right-of-way if any, reasonably required to provide such service.

(Prior code § 7417 (d))

Grantee shall not discriminate in any way on the grounds of race, creed, color, national origin, or sex in the selection of its employees or in the retention of subcontractors, including procurement of materials and leases of equipment.

(Prior code § 7417 (e))

A. The provisions of this section shall control the granting of renewals of franchises. Any franchise may be renewed for a term not to exceed fifteen years, at any time prior to the expiration of the same. An application therefore shall be submitted to the city manager containing the following information:

1. The information required pursuant to Section 5.28.050;

2. A map of the area proposed to be included in the franchise service area;

3. A schedule of rates and charges proposed;

4. A narrative and/or pictorial description of the facilities in place, and a narrative description of additions and/or replacements thereto, if any.

B. Upon receipt of such an application the city shall review the same and forward to the city council a report containing the recommendation as to whether the renewal franchise should be granted or not. Upon receipt of such a report, the city council shall conduct a public hearing, noticed as is provided herein. At the time of such hearing, or continuance thereof, the city council shall, based upon the application, report, and relevant evidence received, determine whether the public interest, convenience and necessity require the issuance of such franchise. If the city council determines to deny the application for renewal, it shall do so by resolution. If it determines that the franchise should be granted, it shall do so in the manner provided herein.

(Prior code § 7413)

Any such franchise granted hereunder may be terminated prior to its date of termination by the council in the event that the council shall, after a hearing, held ten days after notice thereof, finds that:

A. The grantee has failed to act, or omission, to comply with any provision of this chapter, or other law, or has violated any term or condition of any franchise issued hereunder; or

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

(Prior code § 7404 (part))

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

(Prior code § 7421 (c))

It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any part of a CATV system.

(Prior code § 7421 (d))

It is unlawful for a landlord, manager, or owner of a multiple dwelling unit or a condominium unit, to prevent authorized personnel of a grantee from entering premises to install, service or disconnect cable TV service during normal business hours.

(Prior code § 7421 (e))

The grantee shall prepare and furnish the city manager 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.

(Prior code § 7415 (b))

A. At all reasonable times, each 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 made available in the city, and if the council 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 grantee.

B. The grantee shall at reasonable times make and keep in its possession 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.

(Prior code § 7415 (a) and (b))

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The council declares that it would have adopted the provisions hereof, and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this chapter shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder. Any modifications of the provisions and of the rules and regulations of the Federal Communication Commission regarding franchise standards resulting from amendments by Federal Communication Commission shall be incorporated herein within one year of adoption thereof, or at the time of franchise renewal, whichever occurs first.

(Prior code § 7422)