Petaluma Municipal Code Ch. 14.40 Community Antenna Television SYSTEMS1

1 Editor’s Note: For statutory provisions authorizing cities to regulate community antenna television systems

and award franchises or licenses therefor, see Gov. Code §53066.

For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to

them in this section:

A. "City" means the city of Petaluma, a municipal corporation of the state, in its present incorporated form or in

any later recognized, consolidated, enlarged or reincorporated form.

B. "Community antenna television system" or "CATV" means coaxial cables, wave guides or other conductors

and equipment for providing television service by cable or through other similar hard-line facilities.

C. "Grantee" means the persons or corporations to whom or which a franchise under this chapter is granted by

the city council and the lawful successor or assignee of such persons or corporations.

D. "Gross annual receipts" means any and all compensation in the form of gross rental or service receipts,

excluding initial installation charges received directly or indirectly from subscribers or users in payment for

television signal received within the city. Gross annual receipts do not include any taxes on the services furnished

by the grantee imposed directly on any user or subscriber by any local, state or other government unit and

collected by the grantee for such governmental unit.

E. "Street" means the surface of and the space above and below any public street, road, highway, freeway, lane,

alley, court, sidewalk, parkway, easement or drive, existing as such within the city as of or after the eMective date

of the ordinance codiJed in this chapter.

F. "Subscriber" means any person or entity receiving for any purpose the CATV service of the grantee in this

chapter.

(Ord. 1595 NCS §3, 1984; Ord. 757 NCS §2; prior code §9A.1.)

A nonexclusive franchise to contract, operate and maintain a community antenna television system in the city may

be granted by the city council to any person oMering to furnish and provide such system under and pursuant to

the terms and provisions of this chapter. (Ord. 1595 NCS §4, 1984; Ord. 757 NCS §1; prior code §9A.2.)

A. Application for a franchise under this chapter shall be Jled with the city clerk in a form approved by the city

and shall contain the following information:

1. Name and address of applicant;

2. A general description of applicant’s proposed CATV operation, including map of areas to be served;

3. A statement or schedule in a form approved by the city 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 Jfty feet of distance from cable to connection of service to subscribers, an additional

installation charge over that normally charged for installation as speciJed in the applicant’s proposal may be

charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within

the city, service will be made available on the basis of cost of materials, labor and easements if required;

4. A statement of the corporate organization of applicant, including the names and address of its oLcers,

directors and associates and also including the names of subsidiary companies with a listing of other areas

being served by CATV or similar systems;

5. A statement setting forth all agreements and understandings, whether written, oral or implied, existing

between the applicant and any person, Jrm, group or corporation with respect to the franchise and the

proposed operations;

6. The applicant shall also furnish a Jnancial statement as to the company’s or corporation’s Jnancial ability

to complete installation and operation of the CATV system.

B. Upon consideration of any such application, the city council may grant a franchise for CATV to such applicant

as may appear from such application to be in its opinion best qualiJed to render proper and eLcient CATV service

to television viewers and subscribers in the city. The council’s decision in the selection will be Jnal.

(Ord. 1595 NCS §5, 1984; Ord. 757 NCS §19; prior code §9A.3.)

Any nonexclusive 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 or highway such poles, wires, cable, conductors, ducts, conduit, vaults, manholes,

ampliJers, 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 a public utility

franchised or permitted to do business in the city.

The grantee may make a charge to subscribers for connection to it CATV system and a Jxed monthly charge for

transmission to them.

No permission or license is given to enter private property without the express consent of the owner or agent in

possession. (Ord. 1595 NCS §6, 1984; Ord. 757 NCS §3; prior code §9A.4.)

No franchise, granted by the city council under this chapter, shall be for a term longer than twenty years following

the date of acceptance of such franchise by the grantee or the renewal thereof. (Ord. 1595 NCS §7, 1984; Ord. 757

NCS §4; prior code §9A.5.)

Any grantee granted a franchise under this chapter shall pay to the city, during the life of such franchise and at the

times speciJed in this chapter, an agreed upon percentage of the monthly total gross receipts of the grantee.

Such payment by the grantee to the city shall constitute a fee in lieu of any occupation tax, license tax or similar

levy and shall be paid monthly or as directed by the city.

The grantee shall Jle with the city, within thirty days after the expiration of any calendar year during which such

franchise is in force, a Jnancial statement prepared by a certiJed public accountant showing in detail the total

gross receipts, as deJned herein, of the grantee, its successors or assigns during the preceding calendar year. It is

the duty of the grantee to pay to the city within Jfteen days after the time for Jling such statements, any unpaid

balance for the calendar year covered by such statements.

The city has the right of inspection of the grantee’s records showing its gross receipts. (Ord. 1595 NCS §8, 1984;

Ord. 1515 NCS §1, 1982; Ord. 757 NCS §5; prior code §9A.6.)

A. Any franchise granted under this chapter shall be nonexclusive.

B. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except

those speciJcally prescribed in this chapter.

C. Any privilege claimed under 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 and shall be in conformance with

Section 53066 of the California Government Code.

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 forced or involuntary sale,

or by voluntary sale, merger, consolidation or otherwise without prior consent of the city expressed by resolution

and then only under such conditions as may be therein prescribed. The consent of the city may not be arbitrarily

refused; provided, however, the proposed assignee must show Jnancial 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. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising

out of any provisions of requirements of this chapter or its enforcement.

F. The grantee is subject to all requirements of the city ordinances, rules, regulations and speciJcations of the

city enacted or established before or after the eMective date of the ordinance codiJed in this chapter, including but

not limited to those concerning street work, street excavations, use, removal and relocation of property within a

street and other street work.

(Ord. 1595 NCS §9, 1984; Ord. 757 NCS §6; prior code §9A.7.)

There is reserved to the city every right and power which is required to be reserved in this chapter or provided by

any 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 right or power enacted or established

before or after the eMective date of the ordinance codiJed in this chapter. (Ord. 1595 NCS §10, 1984; Ord. 757 NCS

§7; prior code §9A.8.)

apparatus.

The grantee shall proceed within thirty days with due diligence to obtain all necessary permits and authorizations

which are required in the conduct of its business, including utility joint use attachment agreements and microwave

carrier licenses to be granted by duly constituted regulatory agencies having jurisdiction over the operation of

CATV systems or their associated microwave transmission facilities. Further, the grantee shall commence the

installation within ninety days subsequent to the obtaining of all the necessary permits and authorizations and

shall proceed to render service to subscribers within ninety days following the commencement of installation of

the system. The completion of the installation shall be pursued with reasonable diligence thereafter so that service

to all areas designated on the map accompanying the application for franchise, as provided in Section 14.40.030,

shall be provided within one year from the date the service was Jrst provided. Failure to do any of the things set

out in this section is grounds for termination of franchise. (Ord. 1595 NCS §11, 1984; Ord. 757 NCS §8; prior code

§9A.9.)

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 of the city acting in the exercise of his reasonable discretion.

B. The grantee shall not install or erect any facilities of apparatus on public property or rights-of-way within the

city (except those installed or erected upon public utility facilities now existing), without written approval of the

director of public works of the city.

C. In those areas and portions of the city where either the transmission and/or distribution facilities of the public

utility providing telephone service or those of the utility providing electric service are underground or hereafter

may be placed underground, or are to be placed underground by a subdivider and as part of a subdivision

development, then the grantee shall likewise construct or reconstruct, operate, relocate and maintain all of its transmission and distribution facilities underground, except that for new subdivisions approved after the eMective

date of this section and for new structures erected in such underground utility area, the builder or developer will

provide and install at his sole cost and expense to the grantee’s speciJcations, trenches for underground

distribution, trenches for service laterals, service drop trenches to the buildings point of entry, and restoration of

trench area including furnishing of any imported backJll materials as required; and all conduit, vaults and

pedestals, and internal wiring. AmpliJers in the grantee’s transmission and distribution line may be concrete

boxes or vaults on the surface of the ground. AmpliJer vaults and boxes shall be supplied as provided in this

chapter, but the grantee shall supply and install any needed ampliJed assembly at the grantee’s expense. The city

shall not in any manner be responsible for any costs incurred by the grantee in placing this property underground.

The builders or developer will provide plans for completion of cable television service with his plans for utilities

including telephone, electrical service and gas service when applying for a building permit. The grantee shall make

cable television service available to such new structure or structures within six months from the date of

occupancy, providing the contractor or developer has fulJlled his obligations provided under the provisions of this

section.

(Ord. 1595 NCS §12, 1984; Ord. 1281 NCS §2, 1978; Ord. 757 NCS §9; prior code §9A.10.)

service.

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 requirements of its franchise or the franchise has been terminated, cancelled or has expired, the

grantee shall promptly, upon being given notice, remove from the streets or public places all such property and

poles of such system other than any which the director of public works may permit to be abandoned in such place.

In the event of any 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 director of public works. (Ord. 1595 NCS §13, 1984;

Ord. 757 NCS §10; prior code §9A.11.)

The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street, alley or

public place or remove from the street, alley or public place any property of the grantee when required by the

director of public works by reason of traLc conditions, public safety, street vacation, freeway and street

construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines,

signal lines and tracts or any other type of structures or improvements by governmental agencies when acting in a

governmental or proprietary capacity, or any other types of structures or improvements by governmental

agencies when acting in a governmental or proprietary capacity, or any other structures or public improvements;

provided, however, that the grantee shall in all cases have the privileges and be subject to the obligations to abandon any property of the grantee in place as provided in Section 14.40.110. (Ord. 1595 NCS §14, 1984; Ord.

757 NCS §11; prior code §9A.12.)

work.

Upon failure of the grantee to complete any work required by law or by the provisions of this chapter to be done

in any street within the time prescribed and to the satisfaction of the director of public works, the director of

public works may cause such work to be done, and the grantee shall pay to the city the cost thereof in the

itemized amounts reported by the director of public works to the grantee within thirty days after receipt of such

itemized report. (Ord. 1595 NCS §15, 1984; Ord. 757 NCS §12; prior code §9A.13.)

The grantee shall at all times during the term of any franchise granted under this chapter, at its own cost and

expense, properly and in a good workmanlike manner install and maintain adequate shielding, Jltering and

grounding at aMected installations within the CATV system to eliminate television interference encountered from

fundamental frequency overload by radio amateur transmissions which are in compliance with Federal

Communications Commission regulations. (Ord. 1595 NCS §16, 1984; Ord. 757 NCS §13; prior code §9A.14.)

A. The grantee shall, concurrently with the Jling of and acceptance of award of any franchise granted under this

chapter, Jle with the city manager and at all times thereafter maintain in full force and eMect for the term of such

franchise, at grantee’s sole expense, faithful performance security from a company approved by and in a form to

be approved by the city attorney in an amount approved by the city, renewable annually, and conditioned upon

the faithful performance of grantee and upon the further condition that in the event grantee shall fail to comply

with any one or more of the provisions of this chapter, or of any franchise issued to the grantee under this

chapter, there shall be recoverable any damages or loss suMered by the city as a result thereof, including the full

amount of any compensation, indemniJcation or cost of removal or abandonment of any property of the grantee

as prescribed by this chapter which may be in default, plus a reasonable allowance for attorney’s fees and costs,

up to the full amount of the security, such condition to be a continuing obligation for the duration of such

franchise and thereafter until the grantee has liquidated all of its obligations with the city that may have arisen

from the acceptance of such franchise by the grantee or from its exercise of any privilege therein granted. If a

bond is provided, the bond shall provide that thirty days’ prior written notices of intention not to renew,

cancellation or material change be given to the city.

B. Neither the provisions of this section, any security accepted by the city pursuant thereto, nor any damages

recovered by the city thereunder shall be construed to excuse faithful performance by the grantee or limit the

liability of the grantee to the full amount of the security for damages.

(Ord. 1595 NCS §17, 1984; Ord. 757 NCS §14; prior code §9A.15.)

The grantee shall, at all times during the existence of any franchise issued under this chapter, maintain in full force

and eMect, and at its own cost and expense a general comprehensive liability insurance policy, in protection of the

city, its oLcers, boards, commissions, agents and employees, from a company approved by the city and in a form

satisfactory to the city attorney, protecting the city and all persons against liability for loss or damage for personal

injury, death and property damage, occasioned by the operations of the grantee under such franchise, in

minimum liability limits as established by the city. (Ord. 1595 NCS §18, 1984; Ord. 757 NCS §15; prior code

§9A.16(a).)

The policies mentioned in Section 14.40.160 shall name the city, its oLcers, boards, commissioners, agents and

employees as additional insured. (Ord. 1595 NCS §19, 1984; Ord. 757 NCS §15; prior code §9A.16(b).)

No franchise granted under this chapter shall be eMective unless and until each of the foregoing policies of

insurance as required in this chapter have been delivered to the city. (Ord. 1595 NCS §20, 1984; Ord. 757 NCS §15;

prior code §9A.16(c).)

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, aMairs, transactions or property of the grantee with respect thereto. The

grantee shall, at all times, 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, alleys and public places in the city. The grantee

shall Jle with the director of public works, on or before the last day in March of each year, a current map or set of

maps drawn to scale to be designated by the director of public works, showing all CATV system equipment installed in streets, alleys and public places of the city during the previous year. (Ord. 1595 NCS §21, 1984; Ord.

757 NCS §16; prior code §9A.17.)

The CATV system shall be installed and maintained in accordance with the provisions and standards contained in

the franchise agreement. (Ord. 1595 NCS §22, 1984; Ord. 757 NCS §17; prior code §9A.18.)