Orange Municipal Code Ch. 13.92 Rights and Obligations

Should the grantee become dissatisfied with any material decision or ruling of the City Manager or staff pertaining to cable communication matters, the grantee may appeal the matter to the City Council. The City Council may accept, reject, or modify the decision of its City Manager or staff. If the grantee is dissatisfied with the results of such appeal, the grantee may pursue such other remedies as are available, including the bringing of action in any court of competent jurisdiction.

(Prior code 6855; Ord. 32-79; Ord. 23-95)

A. Upon the revocation of the franchise, or the expiration without renewal of the terms thereof, and upon payment by the City to the grantee of the fair market value of the grantee's cable system, the City may purchase, acquire, takeover, or hold the system. For purposes of this section, "fair market value" shall be determined by valuing the grantee's system as a going concern. No value shall be assigned to the franchise. Immediately upon a determination of revocation or expiration of the franchise, the City and grantee shall attempt to mutually agree upon the fair market value of the system. However, if within a reasonable period of time they cannot agree upon the fair market evaluation, then the valuation shall be determined by a three-member board of appraisers, one selected by the City, one selected by the grantee, and one selected by the appraisers themselves. The cost of the appraisal shall be borne equally by the City and the grantee. The determination of the appraisers shall be subject to review and/or appeal by a court of competent jurisdiction and nothing herein shall prevent either party from seeking such review and/or appeal.

B. There is reserved to the City every right and power which is required to be reserved or provided by an ordinance 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 power, heretofore or hereafter enacted or established.

C. Neither the granting of any franchise, 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 on similar terms or conditions to the extent authorized by law.

D. Neither the granting of any franchise nor any provision thereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City, now existing or hereafter granted.

E. The City Council may do all things which are necessary and convenient in the exercise of its jurisdiction 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 charge arising from the operations of any grantee under this article, either on behalf of the City, the grantee or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the City Council for hearing and determination. The City Council may accept, reject or modify the decision of the City Manager and the City 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 article. All actions by the City Council under this subsection shall be after hearing, upon 10 days' advance written notice to grantee at its address on file with the City.

F. The City shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this franchise and other pertinent provisions of law.

G. At the expiration of the term for which the franchise is granted without renewal and upon its revocation or expiration, the City shall have the right to require the grantee to remove, at its own expense, all portions of the cable system from all streets and public ways within the City.

(Prior code 6809; Ord. 32-79; Ord. 23-95)

A. Discriminatory Practices Prohibited. The grantee shall not deny service, deny access, or otherwise discriminate against subscribers, programmers, or general citizens on the basis of race, color, religion, national origin, sex or age. The grantee shall comply at all times with all other applicable federal, state, or City laws, and all executive and administrative orders relating to nondiscrimination.

B. Subliminal Transmission Prohibited. No subliminal transmission shall be utilized at any time, for any purposes whatsoever.

C. Privacy and Other Human Rights. The grantee and the City shall maintain constant vigilance with regard to possible abuses of the right of privacy or other human rights of any subscriber, programmer, or general citizen resulting from any device or signal associated with the cable system.

The grantee shall not place in any private residence any equipment capable of two-way communications without the written consent of the residents, and will not utilize the two-way communications capability of the system for unauthorized subscriber surveillance of any kind.

D. Permission of Property Owner Required. No cable, line, wire, amplifier, converter, or other piece of equipment owned by the grantee shall be installed by the grantee without first securing the written permission of the owner of any property involved, except as authorized by law. If such permission is later revoked, whether by the original or a subsequent owner, the grantee shall promptly remove its equipment which is both visible and movable and promptly restore the property to its original condition.

(Ord. 32-79; Ord. 23-95)