Plumas County Municipal Code Ch. 3 Cable Television Systems (catv)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "County" shall mean the County of Plumas.

(b) "Board" shall mean the present Board of Supervisors or any future Board constituting the legislative body of the County.

(c) "Grantee" shall mean the person, firm, or corporation granted a nonexclusive franchise by the Board under this chapter and the lawful successor, transferee, or assignee of such person, firm, or corporation.

(d) "Street" shall mean the surface of, and the space above and below, any public street, road, highway, freeway, land, alley, court, sidewalk, parkway, drive, or other public right-of-way or public space, including public utility easements, now or hereafter existing as such within the County.

(e) "Cable television system" or "CATV" shall mean a system employing antennas, microwave, wires, waveguides, coaxial cables, or other conductors, equipment, or facilities designed, constructed, or used for the purpose of:

(1) Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;

(2) Transmitting original cablecast programming not received through television broadcast signals;

(3) Transmitting television pictures, film, and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; and

(4) Transmitting and receiving all other signals, including digital, voice, and audio-visual signals.

(f) "Franchise" shall mean and include any authorization granted under this chapter in terms of a franchise, privilege, permit, license, or otherwise to construct, operate, and maintain a cable television system within all or a specified area of the County.

(g) "Subscriber" shall mean any person or entity within the County receiving service provided by the grantee.

(h) "Basic service" shall mean those signals, including broadcast signals, delivered to subscribers in usable form in exchange for a single charge which all system subscribers must pay for such group of signals.

(i) "Pay television" shall mean those optional individual programs, channels, leased or otherwise, or services for which a separate per-program or per-channel charge is made by the grantee.

(j) "Gross annual receipts" shall mean any and all compensation, in whatever form, grant, subsidy, exchange, or otherwise, received directly or indirectly by the grantee from subscribers or users in payment for cable television system services received within the County, excluding any taxes imposed directly on services furnished to any subscriber or user and collected by the grantee for any governmental agency. "Gross annual receipts" shall not include:

(1) Any copyright liability collected by the grantee for payment to the Federal Copyright Tribunal;

(2) Any refundable portion of any deposit which is collected from subscribers to guarantee the careful use of, and the final return of, special tuning devices, such as, but not limited to, converters and descramblers provided by the grantee for the purpose of increasing the number of channels received by subscribers or to provide ancillary services or signals to subscribers; and

(3) Actual out-of-pocket expenses of royalties paid by the grantee for pay television programming.

(k) "Property of the grantee" shall mean all property owned, installed, or used within the County by the grantee in the conduct of its cable television system business under the authority of the franchise granted pursuant to this chapter.

(§ 1, Ord. 84-588, eff. November 8, 1984)

A nonexclusive franchise to install, construct, operate, and maintain a cable television system on streets within the County pursuant to the terms and provisions of this chapter may be granted by the Board to any person, firm, or corporation, whether operating under existing franchises or not. Neither the granting of any nonexclusive franchise under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the County from granting any identical or similar nonexclusive franchise to any person, firm, or corporation within all or any portion of the County or to not granting any if the County should so choose. For the purpose of providing such a cable television system, the grantee may erect, install, construct, repair, replace, reconstruct, maintain, and retain in, on, over, under, upon, across, and along any public street such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to its cable television system and 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 County.

(§ 1, Ord. 84-588, eff. November 8, 1984)

No person, firm, or corporation shall establish, operate, or carry on the business of distributing to any person in the County any television signal or radio signal by means of a cable television system unless a license therefor has been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect.

Also, no person, firm, or corporation shall construct, install, or maintain within any street in the County, or within any other public property of the County, or within any privately-owned area within the County 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 County any equipment or facilities for distributing any television signal or radio signal through a CATV system, unless a license authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Nonexclusive licenses to construct, operate, and maintain CATV systems within all or any portion of the unincorporated area of the County may be granted by the Board to any person, firm, or corporation, whether operating under existing licenses or not, who or which offers to furnish and provide such systems under and pursuant to the terms and provisions of this chapter. Neither the granting of any nonexclusive license under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the County from granting any identical, or similar, nonexclusive license to any person, firm, or corporation within all or any portion of the County.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Any license granted pursuant to the provisions of this chapter shall authorize and permit the licensee to engage in the business of operating and providing a CATV system in the County 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, where the County's interest therein will support the grant of a license, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and, in addition, 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 licensee permitted to do business in the County.

The granting of a license pursuant to this chapter shall not be construed as permission or license to enter on, occupy, or otherwise utilize private or non-County property without the expressed consent of the owner or agent in possession thereof.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Any nonexclusive franchise granted by the County under this chapter shall be for a term of ten (10) years or less from the effective date of the agreement. Such franchise may be terminated prior to its day of expiration by the County, in the event the County shall have found that the grantee has failed to comply with a material provision or limitation of this chapter, provided the following procedure is followed:

(a) The Public Works Director shall make a written demand that the grantee do or comply with any such material provision or limitation. If the failure of the grantee continues for a period of thirty (30) days following such written demand, the Public Works Director may submit a request for the termination of the franchise to the Board. If he submits such a request, a public hearing shall be scheduled to be held at a regularly scheduled Board meeting and shall cause to be served upon such grantee, at least fifteen (15) days prior to the date of such Board meeting, a written notice of intent to request such termination, along with each ground upon which the termination is sought, the specific provision which has allegedly been breached, and the time and place of such Board meeting.

(b) The Board shall consider the request of the Public Works Director, and shall hear any person interested therein, and shall determine whether or not any failure to comply by the grantee was material without just cause.

(c) If the Board finds that such failure to comply by the grantee was material and without just cause, the Board shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

(d) In the event the grantee fails to comply within the reasonable time allotted by the Board, the County shall hold a public hearing to determine the grantee's failure to so comply. Written notice of such public hearing shall be served upon the grantee at least fifteen (15) days prior to such public hearing. From such public hearing, the Board shall make a finding of the grantee's noncompliance. A copy of the Board's written findings shall be served upon the grantee within five (5) days after such public hearing.

(§ 1, Ord. 84-588, eff. November 8, 1984)

(a) The grantee, during the term of the franchise, shall pay to the County in lawful money of the United States, an amount between three (3%) percent and five (5%) percent, as determined by agreement of the parties, of the gross annual receipts as defined in Section 7-3.01 of this chapter.

(b) For each fiscal year during which the franchise is in force, the grantee shall file with the County, within ninety (90) days after the close of the franchisee's fiscal year, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the County and the grantee, showing in detail the total gross annual receipts of the grantee for its preceding calendar year, or portion thereof, during which the franchise is in force.

(c) The franchise payment and any other costs or penalties assessed shall be made annually and shall be made within sixty (60) days after the expiration of the franchisee's fiscal year. The amount can be an estimate based on the previous calendar year's experience. A reconciliation of the receipts and payments shall be made each year after the financial statement has been submitted.

(d) The franchise payment shall be in addition to any other tax or payment owed to the County.

(e) Upon a written request and during normal business hours, the County, and its agents and officers, shall have the right to inspect all of the grantee's books and records which, in the County's opinion, are reasonably necessary to verify the amounts due or paid to the County under the franchise. Such audit shall take place within thirty-six (36) months following the close of each of the company's fiscal years.

(§ 1, Ord. 84-588, eff. November 8, 1984, § 2, Ord. 03-993, adopted June 17, 2003)

In the event any license payment or recomputed amount, cost, or penalty is not made on or before the applicable dates set forth in Section 7-3.07 of this chapter, interest shall be charged daily from such date at the annual rate of twelve (12%) percent. The provision of such interest for late payments does not provide the exclusive remedy for any such breach of a license, and the Board may also take actions as otherwise provided in this chapter.

(§ 1, Ord. 84-588, eff. November 8, 1984)

No license granted pursuant to the provisions of this chapter shall become effective unless and until the resolution granting the license has become effective and, in addition, unless and until all things required in the resolution are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any such license granted pursuant to this chapter. In the event any of such things are not done and completed in the time and manner required, the Board may declare the license award null and void.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Within thirty (30) days after the date of the resolution awarding a license, or within such extended period of time as the Board in its discretion may authorize, the grantee shall file with the County Clerk its written acceptance, in a form satisfactory to the County Counsel, of the license, together with the bond and insurance policies and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this chapter and the license. Such acceptance and agreement shall be acknowledged by the grantee before a notary public and in form and content shall be satisfactory to and approved by the County Counsel.

(§ 1, Ord. 84-588, eff. November 8, 1984)

(a) No privilege or exemption or right shall be granted or conferred by the franchise, except those specifically prescribed in the franchise or by this chapter.

(b) Any privilege claimed under the 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, except that any privilege claimed under the franchise by the grantee shall be equal to any privilege or right of any public utility to occupancy of the streets or other public property and shall be assumed and maintained by the grantee at the sole cost and expense of the grantee.

(c) The franchise shall be a privilege to be held in personal trust by the grantee. Such franchise 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 the prior consent of the Board expressed by resolution, and then only under such conditions as set forth in Section 7-3.28 of this chapter.

(d) The grantee shall be subject to all the requirements of the laws, rules, regulations, and specifications of the County, including, but not limited to, those concerning street work, street excavations, and the use, removal, and relocation of property within a street. The County shall have a right to modify this chapter, subject to permitting the grantee to increase its fees for the actual costs to the grantee resulting from such modification upon the approval of the County.

(§ 1, Ord. 84-588, eff. November 8, 1984)

If the grantee proposes newer or improved services which do not fall within the scope of its license, the grantee may apply at any time for a new license to commence earlier than the expiration date of its license. Such application shall be made under the provisions of this chapter pertaining to applications for licenses.

(a) If the Public Works Director makes a finding that the grantee has satisfactorily performed all of the material terms and conditions of the franchise, the grantee shall be entitled to the automatic renewal of its franchise for a period of five (5) years. The grantee shall apply for renewal not less than one year before the expiration of its franchise. The Public Works Director shall make his finding not less than nine (9) months before the expiration of the franchise. The Public Works Director's finding may be reviewed by the Board if the grantee makes a written request to the Chairman of the Board within ten (10) days. The Board shall conduct a public hearing and render its decision within sixty (60) days thereafter, such decision to be final and not subject to further administrative review. If automatic renewal is granted, a new license will be granted pursuant to the license award agreement, as amended, for a period of five (5) years.

(b) The application for automatic renewal shall be in such form and detail and cover such subject matter as is acceptable to the County and shall include, but not be limited to, the applicant's present name, business address, current ownership configuration, a description of the grantee's current services and operations, technical standards, any proposed amendments to the existing license award agreement, and any other information pertinent to the application as may be required by the Board.

(c) Notwithstanding the renewal process set forth in subdivisions (a) and (b) of this section, a franchise may be renewed for periods not exceeding one year by mutual agreement of the parties.

(§ 1, Ord. 84-588, eff. November 8, 1984, § 3, Ord. 03-993, adopted June 17, 2003)

(a) Any poles, wires, cable lines, conduits, or other properties of the grantee to be constructed or installed in streets or other public property under the franchise shall be so constructed or installed only at such locations and in such manner as shall be approved in advance by the Public Works Director.

(b) In those areas and portions of the County where both the transmission and distribution facilities of the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate, and maintain all of its transmission and distribution facilities underground at the grantee's sole cost and expense. Amplifiers in the grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground. Installations shall not interfere or conflict with any installation of the County or of any other utility serving the County.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, in all subdivisions or structures constructed after October 9, 1984, in which utilities are to be installed underground, cable television facilities shall be so installed to serve such subdivisions or structures at the same time as, and, unless impractical, in a common trench with, such utilities.

(d) In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give notice to the grantee no later than the time of notice to the public utilities. Such notices of such construction or development shall consist of the particular date on which open trenching will be available for the grantee's installation of conduit, pedestals, and/or vaults. The grantee shall provide specifications as needed for trenching.

(e) Nothing set forth in this section shall be construed to prevent the grantee from serving areas not covered by this section upon an agreement with developers, property owners, or residents, as long as such agreement meets the requirements of this chapter.

(§ 1, Ord. 84-588, eff. November 8, 1984)

In the event the use of any part of the grantee's cable television system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the franchise, or in the event the franchise has been terminated or cancelled or has expired, the grantee, promptly, upon being given thirty (30) days' written notice, shall remove from the streets or public places within the County all of the grantee's property and poles of such system other than that which, in the discretion of the Public Works Director, may be permitted to be abandoned in place. Immediately after any such removal, the grantee shall promptly restore the street or other area from which such property was removed to a condition satisfactory to the Public Works Director.

(§ 1, Ord. 84-588, eff. November 8, 1984)

(a) The grantee, at no expense to the County, shall protect, support, temporarily disconnect, or relocate any property of the grantee when required by the Public Works Director by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grades, or installations of sewers, drains, water pipes, power lines, signal lines or tracks, or any other type of structures or improvements; provided, however, the grantee may abandon any such property in place with the permission of the Public Works Director as provided in Section 7-3.14 of this chapter.

(b) The grantee shall have the authority to trim trees overhanging streets of the County so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee.

(c) Upon the request of any person holding a building moving permit issued by the County, the grantee shall temporarily raise or lower its lines to permit the moving of such buildings. The cost of the removal, raising, or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than forty-eight (48) hours' advance written notice to arrange for such temporary wire changes.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Upon the failure of the grantee to complete any work required by law or by the provisions of the franchise to be done in any street, within the time prescribed, and to the reasonable satisfaction of the Public Works Director, he may cause such work to be done, and the grantee shall pay to the County the cost thereof, in the itemized amounts reported by him to the grantee, within thirty (30) days after the receipt of such itemized report.

(§ 1, Ord. 84-588, eff. November 8, 1984)

(a) The grantee, concurrently with the filing of and acceptance of award of the franchise, shall file with the County Clerk and at all times thereafter maintain in full force and effect for the term of the franchise, at the grantee's sole expense, a corporate surety bond with a company approved by, and in a form to be approved by, the County Counsel, in the amount of Twenty-Five Thousand and no/100ths ($25,000.00) Dollars, renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event the grantee shall fail to comply with any one or more of the provisions of the franchise, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the County as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed in this chapter which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond, such condition to be a continuing obligation for the duration of the franchise and thereafter until the grantee has liquidated all of its obligations with the County which may have arisen from the acceptance of the franchise by the grantee or from its exercise of any privilege granted by this chapter. The bond shall provide that thirty (30) days' prior written notice of intention not to renew, cancellation, or material change be given to the County.

(b) Neither the provisions of this section, any bond accepted by the County pursuant thereto, nor any damages recovered by the County thereunder shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under the franchise or for damages, either to the full amount of the bond or otherwise. A timetable for construction shall be attached to the agreement between the County and the franchisee. The operator shall agree to perform all work mentioned according to such timetable. Failure to do so will be a breach of the agreement.

(§ 1, Ord. 84-588, eff. November 8, 1984)

(a) The grantee, at all times during the existence of the franchise, shall maintain in full force and effect, furnish to the County, and file with the County Clerk, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the County as primary insured without offset of the County's insurance, and its officers, boards, commissions, agents, and employees, with a company approved by and in a form satisfactory to the County Counsel, protecting the County and all such persons against liability for loss or damages for personal injury, death, and property damage occasioned by the operations of the grantee under the franchise, with minimum liability limits of Five Hundred Thousand and no/100ths ($500,000.00) Dollars for the personal injury or death of any one person, One Million and no/100ths ($1,000.000.00) Dollars for the personal injury or death of two (2) or more persons in any one occurrence, and Fifty Thousand and no/100ths ($50,000.00) Dollars for damages to property resulting from any one occurrence.

(b) Such policy shall name the County, and its officers, boards, commissions, agents, and employees, as additional insured and shall contain a provision that a written notice of any cancellation or reduction in coverage of such policy shall be delivered to the County thirty (30) days in advance of the effective date thereof; if such insurance is provided in either case by a policy which also covers the grantee or any other entity or person than the above named, then such policy shall contain a cross-liability endorsement in a form approved by the County Counsel.

(c) The franchise shall not be effective unless and until such policy of insurance as required by this section has been delivered to the County.

(d) By accepting the franchise, the grantee agrees to save and hold harmless the County, and its officers, boards, commissions, agents, and employees, from any and all claims, costs, demands, causes of action, suits, loss, expense or other detriment, or liability arising from or out of the operations of the grantee under the franchise, or on account of any failure of or defect in the service rendered by the grantee or its subscribers from any cause whatsoever.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Upon a written request and during normal business hours, the grantee shall permit any duly authorized representative of the County to examine all property of the grantee, together with any appurtenant property of the grantee situated within the County, and to examine any and all maps and other records, including financial 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 thereto. The County agrees to maintain the confidentiality of any and all of the financial records of the franchisee reviewed by the County. Upon a written request and during normal business hours, the County, and its agents and officers, shall have the right to inspect all of the grantee's books and records which, in the opinion of the County, are reasonably necessary to verify the amounts due or paid to the County under the franchise. Such books and records shall be made available in the County. If such books and records are not made available in the County, the grantee agrees to pay reasonable travel costs of the County's designee to review such records and books. The grantee, at all times, shall make and keep in the County full and complete plans and records showing the exact location of all its cable television system equipment installed or in use in the streets, alleys, and public places in the County. Within sixty (60) days after the acceptance of the franchise, the grantee shall file with the County Clerk a current map or set of maps showing all cable television system equipment theretofore installed in the County and now existing. Thereafter, the grantee shall file with the County Clerk, on or before the last day of March of each year, a current map or set of maps showing all cable television system equipment installed in the streets, alleys, and public places of the County during the previous year. In the event a review of the public records discloses that a significant portion of revenue has not been reported to the County, the County shall have the right to recover its cost of the audit and shall further have the right to recover the amount not reported.

(§ 1, Ord. 84-588, eff. November 8, 1984)

(a) The grantee's cable television system shall be installed and maintained in accordance with the highest and best accepted standards of the industry as governed by applicable rules and regulations of the Federal Communications Commission to the effect that subscribers shall receive the best possible service.

(b) The performance of the grantee's cable television system shall meet and shall be maintained to the technical standards as set forth in Section 76.605, or any successor section, of the Federal Communications Commission's Rules and Regulations, as such standards may exist from time to time.

(c) Within thirty (30) days after the completion of its annual performance test, as required by Section 76.601 of the Federal Communications Commission's Rules and Regulations, the grantee shall furnish to the County a complete copy of the performance test results.

(§ 1, Ord. 84-588, eff. November 8, 1984, § 4, 03-993, adopted June 17, 2003)

Editor's note— Ord. 03-993, § 5, adopted June 17, 2003, reserved § 7-3.21. Former § 7-3.21 pertained to rates and charges and derived from Ord. 84-588, § 1, effective November 8, 1984.

(a) All matters provided by this chapter to be filed with the County shall be filed with the County Clerk.

(b) For unusual circumstances, an additional installation or connection charge over that normally charged for installations or connections may be made. Under such circumstances, such charge may be based solely on the cost of materials and labor. For other remote, relatively inaccessible subscribers within the County, service may be made available in accordance with the applicable line extension policy.

(c) The grantee shall maintain either contract field crews or an office within the County at a location which subscribers may call without incurring added message or toll charges so that cable television maintenance service shall be promptly available to subscribers.

(§ 1, Ord. 84-588, eff. November 8, 1984)

(a) The grantee shall designate not less than one channel for the exclusive use of local educational and community organizations. The grantee shall make no charge for use of the designated channel.

(b) The grantee, in the normal course of business, may modify or rebuild its cable television system which may require the reassignment of the designated channel. In that event, the grantee shall provide at least ninety (90) days' prior notification to users of the designated channel. A replacement channel shall be provided within a reasonable time.

(c) The grantee shall meet with representative of local community groups and educational institutions once each year to discuss how they can jointly facilitate the use of the channel.

(§ 1, Ord. 84-588, eff. November 8, 1984, § 6, Ord. 03-993, adopted June 17, 2003)

In addition to other service requirements adopted by this chapter and excepting circumstances beyond the grantee's control, such as acts of God, war, and civil disturbances, and in providing such services, the grantee shall:

(a) Limit system failures to minimum time duration by locating and correcting system failure malfunctioning promptly, but in no event longer than forty-eight (48) hours after the occurrence, regardless of holidays or nonbusiness hours;

(b) Upon a written complaint by a subscriber, make a demonstration satisfactory to the Public Works Director that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the regulations of the Federal Communications Commission, and the standards set forth in this chapter, and any future amendments to the Federal Communications Commission standards;

(c) Render efficient service, making repairs promptly, and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by a notice given to subscribers twenty-four (24) hours in advance;

(d) Maintain an office for service and complaints in the County, which office shall be open during all the usual business hours. Its telephone shall be listed in the directories of the telephone company serving the County and shall be so operated that complaints and requests for repairs may be received without incurring added message or toll charges by the caller; and

(e) Maintain a written record, or "log", listing the dates of customer complaints regarding cable television service and identifying the subscriber and describing the nature of the complaint and when and what action was taken by the grantee in response thereto; such records shall be kept at the grantee's office and shall be available for inspection during regular business hours, without further notice or demand, by the Public Works Director. On a quarterly basis, a copy of such log shall be mailed to the Public Works Director, commencing on January 1 of each calendar year.

The County does hereby designate the Public Works Director as the County official responsible for receiving complaints or comments from any subscriber or potential subscriber as to the manner in which the licensee is providing cable television service.

The grantee shall agree that if a subscriber files in writing with the Public Works Director a complaint for a service problem which is preventable and reasonably within the grantee's control, and if the grantee fails within a reasonable period following the receipt of written notice from the Public Works Director to remedy the problem, the County may levy a penalty of up to Two Hundred and no/100ths ($200.00) Dollars for any occurrence or series of related occurrences. If, within ten (10) days after receiving a notice of such penalty, the grantee objects to the penalty in writing to the Public Works Director, the grantee and the County shall conduct arbitration in accordance with the rules of the American Arbitration Association. The cost of arbitration shall be borne by the losing party. The decision of the arbitrator shall be final. Once each year the grantee shall provide written notice to each subscriber of the sanctions provided in this section and of the procedure for reporting and resolving subscriber complaints, including the subscriber's right to complain in writing to the Public Works Director of the grantee's failure to resolve a service complaint which is preventable and reasonably within its control. The grantee's proper address to which complaints may be directed shall be included in such notice.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Neither the owner of any residential dwelling nor his agent or representative shall ask, demand, or receive any payment, service, or gratuity in any form as a condition for permitting or cooperating with the installation of a cable communications service to the dwelling unit occupied by a tenant or resident requesting service.

(a) Neither the owner of any residential dwelling nor his agent or representative shall penalize, charge, or surcharge a tenant or resident, or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable communications service from a grantee operating under a valid and existing cable communications license issued by the County.

(b) No person shall resell, without the expressed written consent of both the grantee and the County, any cable service, program, or signal transmitted by a cable communications company operating under a license issued by the County.

(c) Nothing in this chapter shall prohibit a person from requiring that cable communications system facilities conform to laws and regulations and reasonable conditions necessary to protect the safety, functioning, appearance, and value of premises or the convenience and safety of persons or property.

(d) Nothing in this chapter shall prohibit a person from requiring a cable communications company to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance, or removal of cable communications facilities.

(§ 1, Ord. 84-588, eff. November 8, 1984)

The County may sue in its own name for the forfeiture of any license granted under this chapter in the event of noncompliance by the licensee, or his successors or his assigns, with any of the conditions of the license.

(§ 1, Ord. 84-588, eff. November 8, 1984)

No privilege or exemption is granted or conferred by any license granted under this chapter, except those specifically prescribed in this chapter. Any privilege claimed under a license granted pursuant to this chapter in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent occupancy of the street for public purposes.

(§ 1, Ord. 84-588, eff. November 8, 1984)

A grantee shall not sell, transfer, lease, dispose of, or assign its license or any rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation, or otherwise, or by operation of law, without the prior written consent of the Board and under such conditions as may be prescribed by this chapter, and then only by a duly executed instrument in writing filed with the Board; provided, however, the provisions of this section shall not apply to a transfer or assignment of a license, or of any right of privilege thereby granted, contained in or made by a deed of trust, mortgage, or other instrument given merely to secure the payment of any indebtedness of a grantee. The consent of the Board may not be arbitrarily refused for such assignments and transfers. The provisions of this chapter and all rights, obligations, and duties under this chapter shall inure to and be binding upon any assignee of the grantee who shall agree, in a duly executed written instrument filed with the Board, to comply with all the provisions before any such transfer will be effective.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Any license granted pursuant to this chapter shall be subject to all the provisions, regulations, and conditions prescribed by Federal, State, County, and local laws heretofore and hereafter enacted or established during the term of any license granted and shall be in addition to any electrical or encroachment permit required. Any such license granted shall not relieve the grantee of any obligation involved in obtaining pole space (or other rights to use facilities) from any department of the County, utility company, or from others maintaining poles (or other facilities) in streets.

(§ 1, Ord. 84-588, eff. November 8, 1984)

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

This section does not preempt the provisions of Section 53066.1 of the Government Code of the State or regulations of the Federal Communications Commission which may conflict with this chapter.

(§ 1, Ord. 84-588, eff. November 8, 1984)

The grantee shall have no recourse whatsoever against the County for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter, or of any license issued pursuant to this chapter, or because of its enforcement, or for the termination or forfeiture of any license as provided in this chapter.

(§ 1, Ord. 84-588, eff. November 8, 1984)

Nothing in this chapter shall in any way or to any extent impair or affect the right of the County to acquire the licensee's property, either by purchase or through the exercise of the right of eminent domain, and nothing in this chapter shall be construed to contract away or to modify or abridge the County's right of eminent domain in respect to any licensee; nor shall any license ever be given any value before any court or public authority in any proceeding of any character, except for the purposes of taxation.

(§ 1, Ord. 84-588, eff. November 8, 1984)

The Board may do all things 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 license granted pursuant to this chapter. With regard to disputed claims or charges involving the County as a party, the Board may adjust, settle, or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.

(§ 1, Ord. 84-588, eff. November 8, 1984)

It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the grantee are honored. In the event the grantee elects to overbuild, rebuild, modify, or sell the system, or the Board gives notice of intent to terminate or fails to renew the license, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service, regardless of the circumstances.

(a) In the event of a change of a grantee, or in the event a new operator acquires the system, the grantee shall cooperate with the County, new grantee, and operator in maintaining continuity of service to all subscribers.

(b) The franchisee shall seek and obtain the permission of the Board prior to ceasing the operation of the system, or any part thereof, for a period of time of seven (7) consecutive days or more. The decision of the Board shall be final.

(§ 1, Ord. 84-588, eff. November 8, 1984)

During the term of any license granted pursuant to this chapter, the County, pursuant to its police powers, may amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance, or otherwise on the part of the grantee, including the payment of a larger or greater percent of the gross annual receipts of any licensee for the remaining term of such license. If this chapter is amended to require additional or greater standards, the licensee, within a reasonable time after the effective date of such amendment, shall comply with the new standards.

(§ 1, Ord. 84-588, eff. November 8, 1984)

An application fee for a new franchise shall be required in the amount of One Thousand and no/100ths ($1,000.00) Dollars. The purpose of the application fee is to pay the cost of studying, investigating, and otherwise processing such application, which fee shall be in consideration thereof and not returnable or refundable in whole or in part; provided, however, any applicant who shall deliver to the Board a written withdrawal or cancellation of any such application within seven (7) days after filing such application shall be entitled to have returned and refunded such application fee, less any actual cost or expense incurred by the County by reason of such application.

(§ 1, Ord. 84-588, eff. November 8, 1984)

The application 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, main officers, major stockholders, and associates and the names and addresses of parent and subsidiary companies;

(b) A statement and description of the CATV system proposed to be constructed, installed, maintained, or operated by the applicant; the proposed location of such system and its various components; the manner in which the applicant proposes to construct, install, maintain, and operate the system; and, particularly, 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 the applicant proposes or seeks authority to construct, install, or maintain any CATV equipment or facilities; a detailed description of the 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 area or areas within which the applicant proposes to provide CATV services and for which a license is requested;

(e) A statement or schedule in the form approved by the Public Works Director of the proposed rates and charges to subscribers for installations and services, and a copy of any proposed service agreement between the licensee and its subscribers shall accompany the application.

(f) A copy of any contract, if existing, between the applicant and any public utility providing for the use of the facilities of such public utility, such as poles, lines, or 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 license or the proposed CATV operation. If a license 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 license shall be deemed void and of no force and effect whatsoever;

(h) A financial statement, prepared by a certified public accountant or public accountant satisfactory to the Board, showing the applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system; and

(i) The Board at any time may demand, and the applicant shall provide, such supplementary, additional, or other information as the Board may deem reasonably necessary to determine whether the requested license should be granted.

(§ 1, Ord. 84-588, eff. November 8, 1984, § 7, Ord. 03-993, adopted November 17, 2003)

Upon the receipt of any application for a license, the Board shall refer the application to the Public Works Director who shall prepare a report and make his recommendations respecting such application and cause such report and recommendations to be completed and filed with the Board within ninety (90) days, which time may be reasonably extended by the Board.

(a) In making any determination as to any such application, the Board shall give due consideration to the quality of the service proposed, rates to subscribers, income to the County, experience, character, background, and financial responsibility of any applicant, and its management and owners, system design, technical and performance quality of equipment, willingness and ability to meet construction requirements and to abide by policy conditions, license limitations and requirements, and other considerations deemed pertinent by the Board for safeguarding the interests of the County and the public.

(b) The Board, after a public hearing, may award the license pursuant to this chapter or reject such application. The Board's determination shall be final and conclusive. The Board shall grant or deny such application by resolution.

(§ 1, Ord. 84-588, eff. November 8, 1984)

The granting and acceptance of any franchise shall create no property right.

(§ 1, Ord. 84-588, eff. November 8, 1984)